As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 112 5
1997-1998 6
SENATORS SCHAFRATH-KEARNS-BLESSING-GAETH-GARDNER-WHITE- 8
NEIN-DIX-DRAKE-RAY-SUHADOLNIK-McLIN-CUPP-CARNES-LATTA- 9
DiDONATO-SHOEMAKER-LATELL-HERINGTON-GILLMOR-SWEENEY 10
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A B I L L
To amend sections 2105.18, 2111.08, 2151.23, 13
2151.411, 2151.56, 2301.03, 2307.50, 2307.70, 14
2317.02, 2705.031, 3101.01, 3105.21, 3105.63, 15
3105.65, 3107.15, 3109.03, 3109.04, 3109.05,
3109.051, 3109.06, 3109.09, 3109.11, 3109.12, 16
3109.21, 3109.27, 3109.28, 3109.34, 3111.13, 17
3111.23, 3113.21, 3113.215, 3113.31, 3313.64,
3313.672, 3313.98, 3319.321, 5101.31, 5101.324, 18
5104.011, 5139.01, and 5153.16; to amend, for the 19
purpose of adopting new section numbers as
indicated in parentheses, sections 3109.03 20
(3109.41), 3109.04 (3109.49), 3109.051 (3109.59), 21
3109.06 (3109.52), 3109.11 (3109.60), and 3109.12 22
(3109.61); to enact sections 3109.40, 3109.401, 23
3109.42 to 3109.48, 3109.50, 3109.51, 3109.53 to
3109.58, 3109.581, and 3109.62; and to repeal 24
sections 3109.041 and 3109.052 of the Revised 25
Code to make changes to child custody laws by 26
enacting this act, which may be known as the Ohio
Parenting Act. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2105.18, 2111.08, 2151.23, 31
2151.411, 2151.56, 2301.03, 2307.50, 2307.70, 2317.02, 2705.031, 32
3101.01, 3105.21, 3105.63, 3105.65, 3107.15, 3109.03, 3109.04, 33
2
3109.05, 3109.051, 3109.06, 3109.09, 3109.11, 3109.12, 3109.21, 34
3109.27, 3109.28, 3109.34, 3111.13, 3111.23, 3113.21, 3113.215, 35
3113.31, 3313.64, 3313.672, 3313.98, 3319.321, 5101.31, 5101.324, 37
5104.011, 5139.01, and 5153.16 be amended; sections 3109.03
(3109.41), 3109.04 (3109.49), 3109.051 (3109.59), 3109.06 38
(3109.52), 3109.11 (3109.60), and 3109.12 (3109.61) be amended 39
for the purpose of adopting new section numbers as indicated in 40
parentheses; and sections 3109.40, 3109.401, 3109.42, 3109.43, 41
3109.44, 3109.45, 3109.46, 3109.47, 3109.48, 3109.50, 3109.51, 42
3109.53, 3109.54, 3109.55, 3109.56, 3109.57, 3109.58, 3109.581, 43
and 3109.62 of the Revised Code be enacted to read as follows: 45
Sec. 2105.18. (A) The natural father, natural mother, or 54
other custodian or guardian of a child, a child support 55
enforcement agency, or a hospital staff person pursuant to 56
section 3727.17 of the Revised Code, in person or by mail, may 57
file an acknowledgment of paternity in the probate court of the 58
county in which the natural father, natural mother, or other 59
guardian or custodian of the child resides, in the county in 60
which the child resides, or the county in which the child was 61
born, acknowledging that the child is the child of the natural 62
father who signed the acknowledgment. The acknowledgment of 63
paternity shall state that the natural father who signs the 64
acknowledgment of paternity acknowledges that he is the natural 65
father of the named child and that he assumes the parental duty 66
of support of that child. The acknowledgment of paternity shall 67
be signed by the natural father and the natural mother in the 68
presence of two competent and disinterested witnesses who are 69
eighteen years of age or older and by the two witnesses. If an 70
acknowledgment of paternity is completed and filed in accordance 71
with this section and if the acknowledgment is accompanied by the 72
appropriate fee prescribed in section 2101.16 of the Revised 73
Code, the probate court shall enter the acknowledgment upon its 74
journal. Thereafter, the child is the child of the man who 75
signed the acknowledgment of paternity, as though born to him in 76
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lawful wedlock, and, if. THE MAN WHO SIGNED THE ACKNOWLEDGEMENT 78
MAY BRING AN ACTION PURSUANT TO SECTION 3109.62 OF THE REVISED
CODE FOR ALLOCATION OF THE PARENTING FUNCTIONS AND 79
RESPONSIBILITIES FOR THE CARE OF THE CHILD. IF the mother is 80
unmarried, the man who signed the acknowledgment of paternity, 81
the parents of the man who signed the acknowledgment of 82
paternity, any relative of the man who signed the acknowledgment 83
of paternity, the parents of the mother, and any relative of the 84
mother may file a complaint pursuant to section 3109.12 3109.61 85
of the Revised Code requesting the granting under that section of 86
reasonable companionship or visitation rights with respect to the 87
child.
(B) After a probate court enters an acknowledgment upon 89
its journal pursuant to division (A) of this section, the man who 90
signed the acknowledgment of paternity is the father of the child 91
and assumes the parental duty of support. Notwithstanding 92
section 3109.01 of the Revised Code, the parental duty of support 93
of the father to the child shall continue beyond the age of 94
majority as long as the child attends on a full-time basis any 95
recognized and accredited high school. The duty of support of 96
the father shall continue during seasonal vacation periods. After 98
the probate court enters the acknowledgment upon its journal, the 99
mother or other custodian or guardian of the child may file a 100
complaint pursuant to section 2151.231 of the Revised Code in the 101
court of common pleas of the county in which the child or the 102
guardian or legal custodian of the child resides requesting the 103
court to order the father to pay an amount for the support of the 104
child, may contact the child support enforcement agency for 105
assistance in obtaining the order, or may request an
administrative officer of a child support enforcement agency to 106
issue an administrative order for the payment of child support 107
pursuant to division (D) of section 3111.20 of the Revised Code. 108
Sec. 2111.08. The wife and husband are the joint natural 118
guardians of their minor children and are equally charged with 119
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their care, nurture, welfare, and education and the care and 120
management of their estates. The wife and husband have equal 121
powers, rights, and duties and neither parent has any right 122
paramount to the right of the other concerning the parental 123
rights PARENTING FUNCTIONS and responsibilities for the care of 124
the minor or the right to be the residential parent and legal 125
custodian of the minor, the control of the services or the 126
earnings of such minor, or any other matter affecting the minor; 127
provided that if either parent, to the exclusion of the other, is 128
maintaining and supporting the child, that parent shall have the 129
paramount right to control the services and earnings of the 130
child. Neither parent shall forcibly take a child from the 131
guardianship of the parent who is the residential parent and 132
legal custodian of the child. 133
If the wife and husband live apart, the court may award the 135
guardianship of a minor to either parent, and the state in which 136
the parent who is the residential parent and legal custodian or 137
who otherwise has the lawful custody of the minor resides has 138
jurisdiction to determine questions concerning the minor's 139
guardianship. 140
Sec. 2151.23. (A) The juvenile court has exclusive 149
original jurisdiction under the Revised Code as follows: 150
(1) Concerning any child who on or about the date 152
specified in the complaint is alleged to be a juvenile traffic 153
offender or a delinquent, unruly, abused, neglected, or dependent 155
child;
(2) Subject to division (V) of section 2301.03 of the 157
Revised Code, to determine the custody of any child not a ward of 158
another court of this state; 159
(3) To hear and determine any application for a writ of 161
habeas corpus involving the custody of a child; 162
(4) To exercise the powers and jurisdiction given the 164
probate division of the court of common pleas in Chapter 5122. of 166
the Revised Code, if the court has probable cause to believe that 167
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a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 168
defined in section 5122.01 of the Revised Code; 169
(5) To hear and determine all criminal cases charging 171
adults with the violation of any section of this chapter; 172
(6) To hear and determine all criminal cases in which an 174
adult is charged with a violation of division (C) of section 175
2919.21, division (B)(1) of section 2919.22, division (B) of 176
section 2919.23, or section 2919.24 of the Revised Code, provided 177
the charge is not included in an indictment that also charges the 178
alleged adult offender with the commission of a felony arising 179
out of the same actions that are the basis of the alleged 180
violation of division (C) of section 2919.21, division (B)(1) of 181
section 2919.22, division (B) of section 2919.23, or section 182
2919.24 of the Revised Code; 183
(7) Under the interstate compact on juveniles in section 185
2151.56 of the Revised Code; 186
(8) Concerning any child who is to be taken into custody 188
pursuant to section 2151.31 of the Revised Code, upon being 189
notified of the intent to take the child into custody and the 190
reasons for taking the child into custody; 191
(9) To hear and determine requests for the extension of 193
temporary custody agreements, and requests for court approval of 194
permanent custody agreements, that are filed pursuant to section 195
5103.15 of the Revised Code; 196
(10) To hear and determine applications for consent to 198
marry pursuant to section 3101.04 of the Revised Code; 199
(11) Subject to division (V) of section 2301.03 of the 201
Revised Code, to hear and determine a request for an order for 202
the support of any child if the request is not ancillary to an 203
action for divorce, dissolution of marriage, annulment, or legal 204
separation, a criminal or civil action involving an allegation of 205
domestic violence, or an action for support brought under Chapter 206
3115. of the Revised Code; 207
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(12) Concerning an action commenced under section 121.38 209
of the Revised Code; 210
(13) CONCERNING AN ACTION COMMENCED UNDER SECTION 3109.62 212
OF THE REVISED CODE.
(B) The juvenile court has original jurisdiction under the 214
Revised Code: 215
(1) To hear and determine all cases of misdemeanors 217
charging adults with any act or omission with respect to any 218
child, which act or omission is a violation of any state law or 219
any municipal ordinance; 220
(2) To determine the paternity of any child alleged to 222
have been born out of wedlock pursuant to sections 3111.01 to 223
3111.19 of the Revised Code; 224
(3) Under the uniform reciprocal enforcement of support 226
act in Chapter 3115. of the Revised Code; 227
(4) To hear and determine an application for an order for 229
the support of any child, if the child is not a ward of another 230
court of this state. 231
(C) The juvenile court, except as to juvenile courts that 233
are a separate division of the court of common pleas or a 234
separate and independent juvenile court, has jurisdiction to 235
hear, determine, and make a record of any action for divorce or 236
legal separation that involves the custody or care of children 237
and that is filed in the court of common pleas and certified by 238
the court of common pleas with all the papers filed in the action 239
to the juvenile court for trial, provided that no certification 240
of that nature shall be made to any juvenile court unless the 242
consent of the juvenile judge first is obtained. After a 243
certification of that nature is made and consent is obtained, the 245
juvenile court shall proceed as if the action originally had been 246
begun in that court, except as to awards for spousal support or 247
support due and unpaid at the time of certification, over which 248
the juvenile court has no jurisdiction.
(D) The juvenile court has jurisdiction to hear and 250
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determine all matters as to custody and support of children duly 251
certified by the court of common pleas to the juvenile court 252
after a divorce decree has been granted, including jurisdiction 253
to modify the judgment and decree of the court of common pleas as 254
the same relate to the custody and support of children. 255
(E) The juvenile court has jurisdiction to hear and 257
determine the case of any child certified to the court by any 258
court of competent jurisdiction if the child comes within the 259
jurisdiction of the juvenile court as defined by this section. 260
(F)(1) The juvenile court shall exercise its jurisdiction 262
in child custody matters in accordance with sections 3109.04, 263
3109.21 to 3109.36, 3109.40 TO 3109.62, and 5103.20 to 5103.28 of 265
the Revised Code.
(2) The juvenile court shall exercise its jurisdiction in 267
child support matters in accordance with section 3109.05 of the 268
Revised Code. 269
(G)(1) Each order for child support made or modified by a 271
juvenile court on or after December 31, 1993, shall include as 272
part of the order a general provision, as described in division 273
(A)(1) of section 3113.21 of the Revised Code, requiring the 274
withholding or deduction of wages or assets of the obligor under 275
the order as described in division (D) of section 3113.21 of the 276
Revised Code, or another type of appropriate requirement as 277
described in division (D)(6), (D)(7), or (H) of that section, to 278
ensure that withholding or deduction from the wages or assets of 279
the obligor is available from the commencement of the support 280
order for collection of the support and of any arrearages that 281
occur; a statement requiring all parties to the order to notify 282
the child support enforcement agency in writing of their current 283
mailing address, their current residence address, and any changes 284
in either address; and a notice that the requirement to notify 285
the child support enforcement agency of all changes in either 286
address continues until further notice from the court. Any 287
juvenile court that makes or modifies an order for child support 288
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on or after April 12, 1990, shall comply with sections 3113.21 to 289
3113.219 of the Revised Code. If any person required to pay 290
child support under an order made by a juvenile court on or after 291
April 15, 1985, or modified on or after December 1, 1986, is 292
found in contempt of court for failure to make support payments 293
under the order, the court that makes the finding, in addition to 294
any other penalty or remedy imposed, shall assess all court costs 295
arising out of the contempt proceeding against the person and 296
require the person to pay any reasonable attorney's fees of any 297
adverse party, as determined by the court, that arose in relation 298
to the act of contempt. 299
(2) Notwithstanding section 3109.01 of the Revised Code, 301
if a juvenile court issues a child support order under this 302
chapter, the order shall remain in effect beyond the child's 303
eighteenth birthday as long as the child continuously attends on 304
a full-time basis any recognized and accredited high school. Any 305
parent ordered to pay support under a child support order issued 306
under this chapter shall continue to pay support under the order, 307
including during seasonal vacation periods, until the order 308
terminates. 309
(H) If a child who is charged with an act that would be an 311
offense if committed by an adult was fourteen years of age or 312
older and under eighteen years of age at the time of the alleged 313
act and if the case is transferred for criminal prosecution 314
pursuant to section 2151.26 of the Revised Code, the juvenile 316
court does not have jurisdiction to hear or determine the case 317
subsequent to the transfer. The court to which the case is 318
transferred for criminal prosecution pursuant to that section has 319
jurisdiction subsequent to the transfer to hear and determine the 320
case in the same manner as if the case originally had been 321
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 322
authorized by Criminal Rule 11 or another section of the Revised 324
Code and jurisdiction to accept a verdict and to enter a judgment 325
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of conviction pursuant to the Rules of Criminal Procedure against 326
the child for the commission of the offense that was the basis of 327
the transfer of the case for criminal prosecution, whether the 328
conviction is for the same degree or a lesser degree of the 329
offense charged, for the commission of a lesser-included offense, 330
or for the commission of another offense that is different from 331
the offense charged. 332
(I) If a person under eighteen years of age allegedly 335
commits an act that would be a felony if committed by an adult 336
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 337
the juvenile court does not have jurisdiction to hear or 338
determine any portion of the case charging the person with 339
committing that act. In those circumstances, divisions (B) and 340
(C) of section 2151.26 of the Revised Code do not apply regarding 341
the act, the case charging the person with committing the act 342
shall be a criminal prosecution commenced and heard in the 343
appropriate court having jurisdiction of the offense as if the 344
person had been eighteen years of age or older when the person 345
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 346
offense, and the court having jurisdiction of the offense has all 347
the authority and duties in the case as it has in other criminal 348
cases commenced in that court.
Sec. 2151.411. (A) A parent of a child whose marriage to 357
the other parent of the child has not been terminated by divorce, 358
dissolution of marriage, or annulment, a parent who has parental 359
rights and responsibilities for the care of a child and is the 361
residential parent and legal custodian of the child, a guardian 363
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 365
exercise parental control and authority over the child. 366
(B) If a child is adjudicated a delinquent child and 368
placed on probation, if a parent of the child whose marriage to 369
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the other parent of the child has not been terminated by divorce, 370
dissolution of marriage, or annulment or the parent who has 371
parental rights and responsibilities for the care of the child 372
and is the residential parent and legal custodian of the child 373
was notified prior to the adjudication hearing of the provisions 374
of this division and of the possibility that the provisions may 375
be applied to the parent, and if the court finds at the hearing 376
that the parent has failed or neglected to subject the child to 377
reasonable parental control and authority and that that parent's 378
failure or neglect is the proximate cause of the act or acts of 379
the child upon which the delinquent child adjudication is based, 380
the court may require that parent to enter into a recognizance 381
with sufficient surety, in an amount of not more than five 382
hundred dollars, conditioned upon the faithful discharge of the 383
conditions of probation of the child. If the child then commits 384
a second act and is adjudicated a delinquent child for the 385
commission of the second act or violates the conditions of 386
probation and if the court finds at the hearing that the failure 387
or neglect of a parent of the child whose marriage to the other 388
parent of the child has not been terminated by divorce,
dissolution of marriage, or annulment or the parent who has 389
parental rights and responsibilities for the care of the child 390
and is the residential parent and legal custodian of the child to 391
subject the child to reasonable parental control and authority or 392
faithfully to discharge the conditions of probation of the child 393
on the part of that parent is the proximate cause of the act or 394
acts of the child upon which the second delinquent child 395
adjudication is based or upon which the child is found to have 396
violated the conditions of the child's probation, the court may 398
declare all or a part of the recognizance forfeited. The 399
proceeds of the forfeited recognizance shall be used to pay any 400
damages caused by the child, and the proceeds of the forfeited 401
recognizance remaining after the payment of any damages shall be 402
paid into the county treasury. 403
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(C)(1) If a child is adjudicated a delinquent child, the 405
court may issue an order requiring either parent or both parents 406
of the child whose marriage to the other parent of the child has 407
not been terminated by divorce, dissolution of marriage, or 408
annulment, the parent who has parental rights and
responsibilities for the care of the child and is the residential 409
parent and legal custodian of the child, or the guardian or other 411
custodian of the child to exercise appropriate and necessary 412
control and authority over the child to ensure that the child 413
complies with the terms and conditions of probation imposed upon 414
the child, treatment or testing that the child is required to 415
take part in, and the terms of any other order of disposition 416
that the court imposed upon the child pursuant to section 417
2151.355 of the Revised Code. The court shall give a copy of the 418
order to the child and to the parent, guardian, or custodian who 419
is the subject of the order and shall notify that parent, 420
guardian, or custodian that a willful failure to comply with the 421
order is contempt of court. If the court determines that any 422
parent, guardian, or custodian willfully has failed to comply 423
with an order issued pursuant to division (C)(1) of this section, 424
it may punish the parent, guardian, or custodian for contempt of 425
court or take other action that it determines is necessary to 426
ensure that the child will comply with the terms and conditions 427
of the order of disposition made pursuant to section 2151.355 of 428
the Revised Code. 429
(2)(a) If a child is adjudicated a delinquent child and is 431
granted probation under division (A)(2) of section 2151.355 of 432
the Revised Code, the court that places the child on probation 433
shall provide the written notice described in division (C)(2)(b) 434
of this section to the following individuals:
(i) To each parent of the child whose marriage to the 436
other parent of the child has not been terminated by divorce, 437
dissolution of marriage, or annulment; 438
(ii) To the parent of the child who has parental rights 440
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and responsibilities for the care of the child and who is the 442
residential parent and legal custodian of the child and, if the 444
court knows or is able to determine through the exercise of
reasonable diligence the identity and residence address of the 445
parent of the child who does not have parental rights and 446
responsibilities for the care of the child and who is not the 447
residential parent and legal custodian of the child, to that 448
parent;
(iii) To the guardian who has custody of the child; 450
(iv) To the other custodian of the child. 452
(b) The court that places the child on probation shall 454
provide the appropriate individuals described in division 455
(C)(2)(a) of this section with a written notice that informs them 456
that authorized probation officers who are engaged within the 457
scope of their supervisory duties or responsibilities may conduct 458
searches as described in division (L) of section 2151.355 of the 459
Revised Code during the period of probation if they have 460
reasonable grounds to believe that the child is not abiding by 461
the law or otherwise is not complying with the conditions of the 462
child's probation. The notice shall specifically state that a 463
permissible search might extend to a motor vehicle, another item
of tangible or intangible personal property, or a place of 464
residence or other real property in which a notified parent, 465
guardian, or custodian has a right, title, or interest and that 466
the parent, guardian, or custodian expressly or impliedly permits 467
the child to use, occupy, or possess.
(D) The provisions of this section dealing with the 469
failure or neglect of parents to subject a child to reasonable 470
parental control and authority are in addition to and not in 471
substitution for any other provision of this chapter dealing with 472
the failure or neglect of a person to exercise parental control 473
or authority over a child. The provisions of division (B) of 474
this section do not apply to foster parents. 475
Sec. 2151.56. The governor is hereby authorized to execute 484
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a compact on behalf of this state with any other state or states 485
legally joining therein in the form substantially as follows: 486
THE INTERSTATE COMPACT ON JUVENILES 487
The contracting states solemnly agree: 489
Article I -- Findings and Purposes 490
That juveniles who are not under proper supervision and 493
control, or who have absconded, escaped or run away, are likely 494
to endanger their own health, morals and welfare, and the health, 495
morals and welfare of others. The cooperation of the states 496
party to this compact is therefore necessary to provide for the 497
welfare and protection of juveniles and of the public with 498
respect to (1) cooperative supervision of delinquent juveniles on 499
probation or parole; (2) the return, from one state to another, 500
of delinquent juveniles who have escaped or absconded; (3) the 501
return, from one state to another, of nondelinquent juveniles who 502
have run away from home; and (4) additional measures for the 503
protection of juveniles and of the public, which any two or more 504
of the party states may find desirable to undertake 505
cooperatively. In carrying out the provisions of this compact 506
the party states shall be guided by the noncriminal, reformative 507
and protective policies which guide their laws concerning 508
delinquent, neglected or dependent juveniles generally. It shall 509
be the policy of the states party to this compact to cooperate 510
and observe their respective responsibilities for the prompt 511
return and acceptance of juveniles and delinquent juveniles who 512
become subject to the provisions of this compact. The provisions 513
of this compact shall be reasonably and liberally construed to 514
accomplish the foregoing purposes. 515
Article II -- Existing Rights and Remedies 516
That all remedies and procedures provided by this compact 519
shall be in addition to and not in substitution for other rights, 520
remedies and procedures, and shall not be in derogation of 521
parental rights PARENTING FUNCTIONS and responsibilities. 522
Article III -- Definitions 523
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That, for the purposes of this compact, "delinquent 526
juvenile" means any juvenile who has been adjudged delinquent and 527
who, at the time the provisions of this compact are invoked, is 528
still subject to the jurisdiction of the court that has made such 529
adjudication or to the jurisdiction or supervision of an agency 530
or institution pursuant to an order of such court; "probation or 531
parole" means any kind of conditional release of juveniles 532
authorized under the laws of the states party hereto; "court" 533
means any court having jurisdiction over delinquent, neglected or 534
dependent children; "state" means any state, territory or 535
possessions of the United States, the District of Columbia, and 536
the Commonwealth of Puerto Rico; and "residence" or any variant 537
thereof means a place at which a home or regular place of abode 538
is maintained. 539
Article IV -- Return of Runaways 540
(a) That the parent, guardian, person or agency entitled 543
to legal custody of a juvenile who has not been adjudged 544
delinquent but who has run away without the consent of such 545
parent, guardian, person or agency may petition the appropriate 546
court in the demanding state for the issuance of a requisition 547
for his return. The petition shall state the name and age of the 548
juvenile, the name of the petitioner and the basis of entitlement 549
to the juvenile's custody, the circumstances of his running away, 550
his location if known at the time application is made, and such 551
other facts as may tend to show that the juvenile who has run 552
away is endangering his own welfare or the welfare of others and 553
is not an emancipated minor. The petition shall be verified by 554
affidavit, shall be executed in duplicate, and shall be 555
accompanied by two certified copies of the document or documents 556
on which the petitioner's entitlement to the juvenile's custody 557
is based, such as birth records, letters of guardianship, or 558
custody decrees. Such further affidavits and other documents as 559
may be deemed proper may be submitted with such petition. The 560
judge of the court to which this application is made may hold a 561
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hearing thereon to determine whether for the purposes of this 562
compact the petitioner is entitled to the legal custody of the 563
juvenile, whether or not it appears that the juvenile has in fact 564
run away without consent, whether or not he is an emancipated 565
minor, and whether or not it is in the best interest of the 566
juvenile to compel his return to the state. If the judge 567
determines, either with or without a hearing, that the juvenile 568
should be returned, he shall present to the appropriate court or 569
to the executive authority of the state where the juvenile is 570
alleged to be located a written requisition for the return of 571
such juvenile. Such requisition shall set forth the name and age 572
of the juvenile, the determination of the court that the juvenile 573
has run away without the consent of a parent, guardian, person or 574
agency entitled to his legal custody, and that it is in the best 575
interest and for the protection of such juvenile that he be 576
returned. In the event that a proceeding for the adjudication of 577
the juvenile as a delinquent, neglected or dependent juvenile is 578
pending in the court at the time when such juvenile runs away, 579
the court may issue a requisition for the return of such juvenile 580
upon its own motion, regardless of the consent of the parent, 581
guardian, person or agency entitled to legal custody, reciting 582
therein the nature and circumstances of the pending proceeding. 583
The requisition shall in every case be executed in duplicate and 584
shall be signed by the judge. One copy of the requisition shall 585
be filed with the compact administrator of the demanding state, 586
there to remain on file subject to the provisions of law 587
governing records of such court. Upon the receipt of a 588
requisition demanding the return of a juvenile who has run away, 589
the court or the executive authority to whom the requisition is 590
addressed shall issue an order to any peace officer or other 591
appropriate person directing him to take into custody and detain 592
such juvenile. Such detention order must substantially recite 593
the facts necessary to the validity of its issuance hereunder. No 595
juvenile detained upon such order shall be delivered over to the 596
16
officer whom the court demanding him shall have appointed to
receive him, unless he shall first be taken forthwith before a 597
judge of a court in the state, who shall inform him of the demand 598
made for his return, and who may appoint counsel or guardian ad 599
litem for him. If the judge of such court shall find that the 600
requisition is in order, he shall deliver such juvenile over to 601
the officer whom the court demanding him shall have appointed to 602
receive him. The judge, however, may fix a reasonable time to be 603
allowed for the purpose of testing the legality of the 604
proceeding. 605
Upon reasonable information that a person is a juvenile who 607
has run away from another state party to this compact without the 608
consent of a parent, guardian, person or agency entitled to his 609
legal custody, such juvenile may be taken into custody without a 610
requisition and brought forthwith before a judge of the 611
appropriate court who may appoint counsel or guardian ad litem 612
for such juvenile and who shall determine after a hearing whether 613
sufficient cause exists to hold the person, subject to the order 614
of the court, for his own protection and welfare, for such a time 615
not exceeding ninety days as will enable his return to another 616
state party to this compact pursuant to a requisition for his 617
return from a court of that state. If, at the time when a state 618
seeks the return of a juvenile who has run away, there is pending 619
in the state wherein he is found any criminal charge, or any 620
proceeding to have him adjudicated a delinquent juvenile for an 621
act committed in such state, or if he is suspected of having 622
committed within such state a criminal offense or an act of 623
juvenile delinquency, he shall not be returned without the 624
consent of such state until discharged from prosecution or other 625
form of proceeding, imprisonment, detention or supervision for 626
such offense or juvenile delinquency. The duly accredited 627
officers of any state party to this compact, upon the 628
establishment of their authority and the identity of the juvenile 629
being returned, shall be permitted to transport such juvenile 630
17
through any and all states party to this compact, without 631
interference. Upon his return to the state from which he ran 632
away, the juvenile shall be subject to such further proceedings 633
as may be appropriate under the laws of that state. 634
(b) That the state to which a juvenile is returned under 636
this Article shall be responsible for payment of the 637
transportation costs of such return. 638
(c) That "juvenile" as used in this Article means any 640
person who is a minor under the law of the state of residence of 641
the parent, guardian, person or agency entitled to the legal 642
custody of such minor. 643
Article V -- Return of Escapees and Absconders 644
(a) That the appropriate person or authority from whose 647
probation or parole supervision a delinquent juvenile has 648
absconded or from whose institutional custody he has escaped 649
shall present to the appropriate court or to the executive 650
authority of the state where the delinquent juvenile is alleged 651
to be located a written requisition for the return of such 652
delinquent juvenile. Such requisition shall state the name and 653
age of the delinquent juvenile, the particulars of his 654
adjudication as a delinquent juvenile, the circumstances of the 655
breach of the terms of his probation or parole or of his escape 656
from an institution or agency vested with his legal custody or 657
supervision, and the location of such delinquent juvenile, if 658
known, at the time the requisition is made. The requisition 659
shall be verified by affidavit, shall be executed in duplicate, 660
and shall be accompanied by two certified copies of the judgment, 661
formal adjudication, or order of commitment which subjects such 662
delinquent juvenile to probation or parole or to the legal 663
custody of the institution or agency concerned. Such further 664
affidavits and other documents as may be deemed proper may be 665
submitted with such requisition. One copy of the requisition 666
shall be filed with the compact administrator of the demanding 667
state, there to remain on file subject to the provisions of law 668
18
governing records of the appropriate court. Upon the receipt of 669
a requisition demanding the return of a delinquent juvenile who 670
has absconded or escaped, the court or the executive authority to 671
whom the requisition is addressed shall issue an order to any 672
peace officer or other appropriate person directing him to take 673
into custody and detain such delinquent juvenile. Such detention 674
order must substantially recite the facts necessary to the 675
validity of its issuance hereunder. No delinquent juvenile 676
detained upon such order shall be delivered over to the officer 677
whom the appropriate person or authority demanding him shall have 678
appointed to receive him, unless he shall first be taken 679
forthwith before a judge of an appropriate court in the state, 680
who shall inform him of the demand made for his return and who 681
may appoint counsel or guardian ad litem for him. If the judge 682
of such court shall find that the requisition is in order, he 683
shall deliver such delinquent juvenile over to the officer whom 684
the appropriate person or authority demanding him shall have 685
appointed to receive him. The judge, however, may fix a 686
reasonable time to be allowed for the purpose of testing the 687
legality of the proceeding. 688
Upon reasonable information that a person is a delinquent 690
juvenile who has absconded while on probation or parole, or 691
escaped from an institution or agency vested with his legal 692
custody or supervision in any state party to this compact, such 693
person may be taken into custody in any other state party to this 694
compact without a requisition. But in such event, he must be 695
taken forthwith before a judge of the appropriate court, who may 696
appoint counsel or guardian ad litem for such person and who 697
shall determine, after a hearing, whether sufficient cause exists 698
to hold the person subject to the order of the court for such a 699
time, not exceeding ninety days, as will enable his detention 700
under a detention order issued on a requisition pursuant to this 701
Article. If, at the time when a state seeks the return of a 702
delinquent juvenile who has either absconded while on probation 703
19
or parole or escaped from an institution or agency vested with 704
his legal custody or supervision, there is pending in the state 705
wherein he is detained any criminal charge or any proceeding to 706
have him adjudicated a delinquent juvenile for an act committed 707
in such state, or if he is suspected of having committed within 708
such state a criminal offense or an act of juvenile delinquency, 709
he shall not be returned without the consent of such state until 710
discharged from prosecution or other form of proceeding, 711
imprisonment, detention or supervision for such offense or 712
juvenile delinquency. The duly accredited officers of any state 713
party to this compact, upon the establishment of their authority 714
and the identity of the delinquent juvenile being returned, shall 715
be permitted to transport such delinquent juvenile through any 716
and all states party to this compact, without interference. Upon 717
his return to the state from which he escaped or absconded, the 718
delinquent juvenile shall be subject to such further proceedings 719
as may be appropriate under the laws of that state. 720
(b) That the state to which a delinquent juvenile is 722
returned under this Article shall be responsible for the payment 723
of the transportation costs of such return. 724
Article VI -- Voluntary Return Procedure 725
That any delinquent juvenile who has absconded while on 728
probation or parole, or escaped from an institution or agency 729
vested with his legal custody or supervision in any state party 730
to this compact, and any juvenile who has run away from any state 731
party to this compact, who is taken into custody without a 732
requisition in another state party to this compact under the 733
provisions of Article IV (a) or of Article V (a), may consent to 734
his immediate return to the state from which he absconded, 735
escaped or ran away. Such consent shall be given by the juvenile 736
or delinquent juvenile and his counsel or guardian ad litem if 737
any, by executing or subscribing a writing, in the presence of a 738
judge of the appropriate court, which states that the juvenile or 739
delinquent juvenile and his counsel or guardian ad litem, if any, 740
20
consent to his return to the demanding state. Before such 741
consent shall be executed or subscribed, however, the judge, in 742
the presence of counsel or guardian ad litem, if any, shall 743
inform the juvenile or delinquent juvenile of his rights under 744
this compact. When the consent has been duly executed, it shall 745
be forwarded to and filed with the compact administrator of the 746
state in which the court is located and the judge shall direct 747
the officer having the juvenile or delinquent juvenile in custody 748
to deliver him to the duly accredited officer or officers of the 749
state demanding his return, and shall cause to be delivered to 750
such officer or officers a copy of the consent. The court may, 751
however, upon the request of the state to which the juvenile or 752
delinquent juvenile is being returned, order him to return 753
unaccompanied to such state and shall provide him with a copy of 754
such court order; in such event a copy of the consent shall be 755
forwarded to the compact administrator of the state to which said 756
juvenile or delinquent juvenile is ordered to return. 757
Article VII -- Cooperative Supervision of 758
Probationers and Parolees 760
(a) That the duly constituted judicial and administrative 763
authorities of a state party to this compact (herein called 764
"sending state") may permit any delinquent juvenile within such 765
state, placed on probation or parole, to reside in any other 766
state party to this compact (herein called "receiving state") 767
while on probation or parole, and the receiving state shall 768
accept such delinquent juvenile, if the parent, guardian or 769
person entitled to the legal custody of such delinquent juvenile 770
is residing or undertakes to reside within the receiving state. 771
Before granting such permission, opportunity shall be given to 772
the receiving state to make such investigations as it deems 773
necessary. The authorities of the sending state shall send to 774
the authorities of the receiving state copies of pertinent court 775
orders, social case studies and all other available information 776
which may be of value to and assist the receiving state in 777
21
supervising a probationer or parolee under this compact. A 778
receiving state, in its discretion, may agree to accept 779
supervision of a probationer or parolee in cases where the 780
parent, guardian or person entitled to the legal custody of the 781
delinquent juvenile is not a resident of the receiving state, and 782
if so accepted the sending state may transfer supervision 783
accordingly. 784
(b) That each receiving state will assume the duties of 786
visitation and of supervision over any such delinquent juvenile 787
and in the exercise of those duties will be governed by the same 788
standards of visitation and supervision that prevail for its own 789
delinquent juveniles released on probation or parole. 790
(c) That, after consultation between the appropriate 792
authorities of the sending state and of the receiving state as to 793
the desirability and necessity of returning such a delinquent 794
juvenile, the duly accredited officers of a sending state may 795
enter a receiving state and there apprehend and retake any such 796
delinquent juvenile on probation or parole. For that purpose, no 797
formalities will be required, other than establishing the 798
authority of the officer and the identity of the delinquent 799
juvenile to be retaken and returned. The decision of the sending 800
state to retake a delinquent juvenile on probation or parole 801
shall be conclusive upon and not reviewable within the receiving 802
state, but if, at the time the sending state seeks to retake a 803
delinquent juvenile on probation or parole, there is pending 804
against him within the receiving state any criminal charge or any 805
proceeding to have him adjudicated a delinquent juvenile for any 806
act committed in such state, or if he is suspected of having 807
committed within such state a criminal offense or an act of 808
juvenile delinquency, he shall not be returned without the 809
consent of the receiving state until discharged from prosecution 810
or other form of proceeding, imprisonment, detention or 811
supervision for such offense or juvenile delinquency. The duly 812
accredited officers of the sending state shall be permitted to 813
22
transport delinquent juveniles being so returned through any and 814
all states party to this compact, without interference. 815
(d) That the sending state shall be responsible under this 817
Article for paying the costs of transporting any delinquent 818
juvenile to the receiving state or of returning any delinquent 819
juvenile to the sending state. 820
Article VIII -- Responsibility for Costs 821
(a) That the provisions of Articles IV(b), V(b) and VII(d) 824
of this compact shall not be construed to alter or affect any 825
internal relationship among the departments, agencies and 826
officers of and in the government of a party state, or between a 827
party state and its subdivisions, as to the payment of costs, or 828
responsibilities therefor. 829
(b) That nothing in this compact shall be construed to 831
prevent any party state or subdivision thereof from asserting any 832
right against any person, agency or other entity in regard to 833
costs for which such party state or subdivision thereof may be 834
responsible pursuant to Articles IV(b), V(b) or VII(d) of this 835
compact. 836
Article IX -- Detention Practices 837
That, to every extent possible, it shall be the policy of 840
states party to this compact that no juvenile or delinquent 841
juvenile shall be placed or detained in any prison, jail or 842
lockup nor be detained or transported in association with 843
criminal, vicious or dissolute persons. 844
Article X -- Supplementary Agreements 845
That the duly constituted administrative authorities of a 848
state party to this compact may enter into supplementary 849
agreements with any other state or states party hereto for the 850
cooperative care, treatment and rehabilitation of delinquent 851
juveniles whenever they shall find that such agreements will 852
improve the facilities or programs available for such care, 853
treatment and rehabilitation. Such care, treatment and 854
rehabilitation may be provided in an institution located within 855
23
any state entering into such supplementary agreement. Such 856
supplementary agreements shall (1) provide the rates to be paid 857
for the care, treatment and custody of such delinquent juveniles, 858
taking into consideration the character of facilities, services 859
and subsistence furnished; (2) provide that the delinquent 860
juvenile shall be given a court hearing prior to his being sent 861
to another state for care, treatment and custody; (3) provide 862
that the state receiving such a delinquent juvenile in one of its 863
institutions shall act solely as agent for the state sending such 864
delinquent juvenile; (4) provide that the sending state shall at 865
all times retain jurisdiction over delinquent juveniles sent to 866
an institution in another state; (5) provide for reasonable 867
inspection of such institutions by the sending state; (6) provide 868
that the consent of the parent, guardian, person or agency 869
entitled to the legal custody of said delinquent juvenile shall 870
be secured prior to his being sent to another state; and (7) make 871
provision for such other matters and details as shall be 872
necessary to protect the rights and equities of such delinquent 873
juveniles and of the cooperating states. 874
Article XI -- Acceptance of Federal and Other Aid 875
That any state party to this compact may accept any and all 878
donations, gifts and grants of money, equipment and services from 879
the federal or any local government, or any agency thereof and 880
from any person, firm or corporation, for any of the purposes and 881
functions of this compact, and may receive and utilize the same 882
subject to the terms, conditions and regulations governing such 883
donations, gifts and grants. 884
Article XII -- Compact Administrators 885
That the governor of each state party to this compact shall 888
designate an officer who, acting jointly with like officers of 889
other party states, shall promulgate rules and regulations to 890
carry out more effectively the terms and provisions of this 891
compact. 892
Article XIII -- Execution of Compact 893
24
That this compact shall become operative immediately upon 896
its execution by any state as between it and any other state or 897
states so executing. When executed it shall have the full force 898
and effect of law within such state, the form of execution to be 899
in accordance with the laws of the executing state. 900
Article XIV -- Renunciation 901
That this compact shall continue in force and remain 904
binding upon each executing state until renounced by it. 905
Renunciation of this compact shall be by the same authority which 906
executed it, by sending six months' notice in writing of its 907
intention to withdraw from the compact to the other states party 908
hereto. The duties and obligations of a renouncing state under 909
Article VII hereof shall continue as to parolees and probationers 910
residing therein at the time of withdrawal until retaken or 911
finally discharged. Supplementary agreements entered into under 912
Article X hereof shall be subject to renunciation as provided by 913
such supplementary agreements, and shall not be subject to the 914
six months' renunciation notice of the present Article. 915
Article XV -- Severability 916
That the provisions of this compact shall be severable and 919
if any phrase, clause, sentence or provision of this compact is 920
declared to be contrary to the constitution of any participating 921
state or of the United States or the applicability thereof to any 922
government, agency, person or circumstance is held invalid, the 923
validity of the remainder of this compact and the applicability 924
thereof to any government, agency, person or circumstance shall 925
not be affected thereby. If this compact shall be held contrary 926
to the constitution of any state participating therein, the 927
compact shall remain in full force and effect as to the remaining 928
states and in full force and effect as to the state affected as 929
to all severable matters. 930
Sec. 2301.03. (A) In Franklin county, the judges of the 940
court of common pleas whose terms begin on January 1, 1953, 941
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 942
25
1997, and successors, shall have the same qualifications, 943
exercise the same powers and jurisdiction, and receive the same 944
compensation as other judges of the court of common pleas of 945
Franklin county and shall be elected and designated as judges of 946
the court of common pleas, division of domestic relations. They 947
shall have all the powers relating to juvenile courts, and all 948
cases under Chapter 2151. of the Revised Code, all parentage 949
proceedings under Chapter 3111. of the Revised Code over which 950
the juvenile court has jurisdiction, and all divorce, dissolution 951
of marriage, legal separation, and annulment cases shall be 952
assigned to them. In addition to the judge's regular duties, the 953
judge who is senior in point of service shall serve on the 955
children services board and the county advisory board and shall 956
be the administrator of the domestic relations division and its 957
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 959
common pleas, whose term begins on January 1, 1957, and 960
successors, and the judge of the court of common pleas, whose 961
term begins on February 14, 1967, and successors, shall be the 962
juvenile judges as provided in Chapter 2151. of the Revised Code, 963
with the powers and jurisdiction conferred by that chapter. 964
(2) The judges of the court of common pleas whose terms 966
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 967
successors, shall be elected and designated as judges of the 968
court of common pleas, division of domestic relations, and shall 969
have assigned to them all divorce, dissolution of marriage, legal 970
separation, and annulment cases coming before the court. On or 971
after the first day of July and before the first day of August of 972
1991 and each year thereafter, a majority of the judges of the 973
division of domestic relations shall elect one of the judges of 974
the division as administrative judge of that division. If a 975
majority of the judges of the division of domestic relations are 976
unable for any reason to elect an administrative judge for the 978
division before the first day of August, a majority of the judges 979
26
of the Hamilton county court of common pleas, as soon as possible 980
after that date, shall elect one of the judges of the division of 981
domestic relations as administrative judge of that division. The 982
term of the administrative judge shall begin on the earlier of 983
the first day of August of the year in which the administrative 984
judge is elected or the date on which the administrative judge is 986
elected by a majority of the judges of the Hamilton county court 989
of common pleas and shall terminate on the date on which the 990
administrative judge's successor is elected in the following 991
year. 992
In addition to the judge's regular duties, the 994
administrative judge of the division of domestic relations shall 996
be the administrator of the domestic relations division and its 997
subdivisions and departments and shall have charge of the 998
employment, assignment, and supervision of the personnel of the 999
division engaged in handling, servicing, or investigating 1,000
divorce, dissolution of marriage, legal separation, and annulment 1,001
cases, including any referees considered necessary by the judges 1,002
in the discharge of their various duties. 1,003
The administrative judge of the division of domestic 1,005
relations also shall designate the title, compensation, expense 1,006
allowances, hours, leaves of absence, and vacations of the 1,007
personnel of the division, and shall fix the duties of its 1,008
personnel. The duties of the personnel, in addition to those 1,009
provided for in other sections of the Revised Code, shall include 1,010
the handling, servicing, and investigation of divorce, 1,011
dissolution of marriage, legal separation, and annulment cases 1,012
and counseling and conciliation services that may be made 1,013
available to persons requesting them, whether or not the persons 1,014
are parties to an action pending in the division. 1,015
The board of county commissioners shall appropriate the sum 1,017
of money each year as will meet all the administrative expenses 1,018
of the division of domestic relations, including reasonable 1,019
expenses of the domestic relations judges and the division 1,020
27
counselors and other employees designated to conduct the 1,021
handling, servicing, and investigation of divorce, dissolution of 1,022
marriage, legal separation, and annulment cases, conciliation and 1,023
counseling, and all matters relating to those cases and 1,024
counseling, and the expenses involved in the attendance of 1,025
division personnel at domestic relations and welfare conferences 1,026
designated by the division, and the further sum each year as will 1,027
provide for the adequate operation of the division of domestic 1,028
relations. 1,029
The compensation and expenses of all employees and the 1,031
salary and expenses of the judges shall be paid by the county 1,032
treasurer from the money appropriated for the operation of the 1,033
division, upon the warrant of the county auditor, certified to by 1,034
the administrative judge of the division of domestic relations. 1,035
The summonses, warrants, citations, subpoenas, and other 1,037
writs of the division may issue to a bailiff, constable, or staff 1,038
investigator of the division or to the sheriff of any county or 1,039
any marshal, constable, or police officer, and the provisions of 1,040
law relating to the subpoenaing of witnesses in other cases shall 1,041
apply insofar as they are applicable. When a summons, warrant, 1,042
citation, subpoena, or other writ is issued to an officer, other 1,043
than a bailiff, constable, or staff investigator of the division, 1,044
the expense of serving it shall be assessed as a part of the 1,045
costs in the case involved. 1,046
(3) The judge of the court of common pleas of Hamilton 1,049
County whose term begins on January 3, 1997, shall be elected and 1,050
designated for one term only as the drug court judge of the court 1,051
of common pleas of Hamilton County, and the successors to that 1,053
judge shall be elected and designated as judges of the general 1,054
division of the court of common pleas of Hamilton county and 1,055
shall not have the authority granted by division (B)(3) of this 1,056
section. The drug court judge may accept or reject any case 1,057
referred to the drug court judge under division (B)(3) of this 1,058
section. After the drug court judge accepts a referred case, the 1,059
28
drug court judge has full authority over the case, including the 1,060
authority to conduct arraignment, accept pleas, enter findings 1,061
and dispositions, conduct trials, order treatment, and if 1,062
treatment is not successfully completed pronounce and enter 1,063
sentence.
A judge of the general division of the court of common 1,065
pleas of Hamilton County and a judge of the Hamilton County 1,067
municipal court may refer to the drug court judge any case, and 1,068
any companion cases, the judge determines meet the criteria 1,069
described under divisions (B)(3)(a) and (b) of this section. If 1,071
the drug court judge accepts referral of a referred case, the 1,072
case, and any companion cases, shall be transferred to the drug 1,074
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 1,076
involves a violation of a term of probation to the drug court 1,077
judge, and, if the drug court judge accepts the referral, the 1,079
referring judge and the drug court judge have concurrent 1,080
jurisdiction over the case.
A judge of the general division of the court of common 1,082
pleas of Hamilton County and a judge of the Hamilton County 1,083
municipal court may refer a case to the drug court judge under 1,084
division (B)(3) of this section if the judge determines that both 1,085
of the following apply:
(a) One of the following applies: 1,087
(i) The case involves a drug abuse offense, as defined in 1,089
section 2925.01 of the Revised Code, that is a felony of the 1,091
third or fourth degree if the offense is committed prior to July 1,092
1, 1996, a felony of the third, fourth, or fifth degree if the 1,093
offense is committed on or after July 1, 1996, or a misdemeanor. 1,094
(ii) The case involves a theft offense, as defined in 1,096
section 2913.01 of the Revised Code, that is a felony of the 1,098
third or fourth degree if the offense is committed prior to July 1,099
1, 1996, a felony of the third, fourth, or fifth degree if the 1,100
offense is committed on or after July 1, 1996, or a misdemeanor, 1,101
29
and the defendant is drug or alcohol dependent or in danger of 1,102
becoming drug or alcohol dependent and would benefit from 1,103
treatment.
(b) All of the following apply: 1,105
(i) The case involves a probationable offense or a case in 1,107
which a mandatory prison term is not required to be imposed. 1,108
(ii) The defendant has no history of violent behavior. 1,110
(iii) The defendant has no history of mental illness. 1,112
(iv) The defendant's current or past behavior, or both, is 1,114
drug or alcohol driven. 1,115
(v) The defendant demonstrates a sincere willingness to 1,117
participate in a fifteen-month treatment process. 1,118
(vi) The defendant has no acute health condition. 1,120
(vii) If the defendant is incarcerated, the county 1,122
prosecutor approves of the referral. 1,123
(4) If the administrative judge of the court of common 1,125
pleas of Hamilton county determines that the volume of cases 1,126
pending before the drug court judge does not constitute a 1,127
sufficient caseload for the drug court judge, the administrative 1,128
judge, in accordance with the Rules of Superintendance for Courts 1,129
of Common Pleas, shall assign individual cases to the drug court 1,130
judge from the general docket of the court. If the assignments 1,131
so occur, the administrative judge shall cease the assignments 1,132
when the administrative judge determines that the volume of cases 1,133
pending before the drug court judge constitutes a sufficient 1,134
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 1,136
pleas whose terms begin on January 3, 1959, and January 4, 1989, 1,137
and successors, shall have the same qualifications, exercise the 1,138
same powers and jurisdiction, and receive the same compensation 1,139
as the other judges of the court of common pleas of Lorain county 1,140
and shall be elected and designated as the judges of the court of 1,141
common pleas, division of domestic relations. They shall have 1,142
all of the powers relating to juvenile courts, and all cases 1,143
30
under Chapter 2151. of the Revised Code, all parentage 1,144
proceedings over which the juvenile court has jurisdiction, and 1,145
all divorce, dissolution of marriage, legal separation, and 1,146
annulment cases shall be assigned to them, except in any cases 1,147
that for some special reason are assigned to some other judge of 1,148
the court of common pleas. 1,149
(D)(1) In Lucas county, the judges of the court of common 1,151
pleas whose terms begin on January 1, 1955, and January 3, 1965, 1,152
and successors, shall have the same qualifications, exercise the 1,153
same powers and jurisdiction, and receive the same compensation 1,154
as other judges of the court of common pleas of Lucas county and 1,155
shall be elected and designated as judges of the court of common 1,156
pleas, division of domestic relations. All divorce, dissolution 1,157
of marriage, legal separation, and annulment cases shall be 1,158
assigned to them. 1,159
The judge of the division of domestic relations, senior in 1,161
point of service, shall be considered as the presiding judge of 1,162
the court of common pleas, division of domestic relations, and 1,163
shall be charged exclusively with the assignment and division of 1,164
the work of the division and the employment and supervision of 1,165
all other personnel of the domestic relations division. 1,166
(2) The judges of the court of common pleas whose terms 1,168
begin on January 5, 1977, and January 2, 1991, and successors 1,169
shall have the same qualifications, exercise the same powers and 1,170
jurisdiction, and receive the same compensation as other judges 1,171
of the court of common pleas of Lucas county, shall be elected 1,172
and designated as judges of the court of common pleas, juvenile 1,173
division, and shall be the juvenile judges as provided in Chapter 1,174
2151. of the Revised Code with the powers and jurisdictions 1,175
conferred by that chapter. In addition to the judge's regular 1,177
duties, the judge of the court of common pleas, juvenile 1,178
division, senior in point of service, shall be the administrator 1,179
of the juvenile division and its subdivisions and departments and 1,180
shall have charge of the employment, assignment, and supervision 1,181
31
of the personnel of the division engaged in handling, servicing, 1,182
or investigating juvenile cases, including any referees 1,183
considered necessary by the judges of the division in the 1,184
discharge of their various duties. 1,185
The judge of the court of common pleas, juvenile division, 1,187
senior in point of service, also shall designate the title, 1,188
compensation, expense allowance, hours, leaves of absence, and 1,189
vacation of the personnel of the division and shall fix the 1,190
duties of the personnel of the division. The duties of the 1,191
personnel, in addition to other statutory duties include the 1,192
handling, servicing, and investigation of juvenile cases and 1,193
counseling and conciliation services that may be made available 1,194
to persons requesting them, whether or not the persons are 1,195
parties to an action pending in the division. 1,196
(3) If one of the judges of the court of common pleas, 1,198
division of domestic relations, or one of the judges of the 1,199
juvenile division is sick, absent, or unable to perform that the 1,200
judge's judicial duties or the volume of cases pending in that 1,202
judge's division necessitates it, the duties shall be performed 1,203
by the judges of the other of those divisions. 1,205
(E)(1) In Mahoning county, the judge of the court of 1,207
common pleas whose term began on January 1, 1955, and successors, 1,208
shall have the same qualifications, exercise the same powers and 1,209
jurisdiction, and receive the same compensation as other judges 1,210
of the court of common pleas of Mahoning county, shall be elected 1,211
and designated as judge of the court of common pleas, division of 1,212
domestic relations, and shall be assigned all the divorce, 1,215
dissolution of marriage, legal separation, and annulment cases 1,216
coming before the court. In addition to the judge's regular 1,217
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 1,218
relations division and its subdivisions and departments and shall 1,219
have charge of the employment, assignment, and supervision of the 1,220
personnel of the division engaged in handling, servicing, or 1,221
32
investigating divorce, dissolution of marriage, legal separation, 1,222
and annulment cases, including any referees considered necessary 1,223
in the discharge of the various duties of the judge's office. 1,225
The judge also shall designate the title, compensation, 1,227
expense allowances, hours, leaves of absence, and vacations of 1,228
the personnel of the division and shall fix the duties of the 1,229
personnel of the division. The duties of the personnel, in 1,230
addition to other statutory duties, include the handling, 1,231
servicing, and investigation of divorce, dissolution of marriage, 1,232
legal separation, and annulment cases and counseling and 1,233
conciliation services that may be made available to persons 1,234
requesting them, whether or not the persons are parties to an 1,235
action pending in the division. 1,236
(2) The judge of the court of common pleas whose term 1,238
began on January 2, 1969, and successors, shall have the same 1,239
qualifications, exercise the same powers and jurisdiction, and 1,240
receive the same compensation as other judges of the court of 1,241
common pleas of Mahoning county, shall be elected and designated 1,242
as judge of court of common pleas, juvenile division, and shall 1,243
be the juvenile judge as provided in Chapter 2151. of the Revised 1,244
Code, with the powers and jurisdictions conferred by that 1,245
chapter. In addition to the judge's regular duties, the judge of 1,247
the court of common pleas, juvenile division, shall be the 1,248
administrator of the juvenile division and its subdivisions and 1,249
departments and shall have charge of the employment, assignment, 1,250
and supervision of the personnel of the division engaged in 1,251
handling, servicing, or investigating juvenile cases, including 1,252
any referees considered necessary by the judge in the discharge 1,253
of the judge's various duties. 1,254
The judge also shall designate the title, compensation, 1,256
expense allowances, hours, leaves of absence, and vacation of the 1,257
personnel of the division and shall fix the duties of the 1,258
personnel of the division. The duties of the personnel, in 1,259
addition to other statutory duties, include the handling, 1,260
33
servicing, and investigation of juvenile cases and counseling and 1,261
conciliation services that may be made available to persons 1,262
requesting them, whether or not the persons are parties to an 1,263
action pending in the division. 1,264
(3) If a judge of the court of common pleas, division of 1,266
domestic relations or juvenile division, is sick, absent, or 1,267
unable to perform that judge's judicial duties, or the volume of 1,269
cases pending in that judge's division necessitates it, that the 1,271
judge's duties shall be performed by another judge of the court 1,272
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 1,274
common pleas whose terms begin on January 2, 1953, and January 4, 1,275
1977, and successors, shall have the same qualifications, 1,276
exercise the same powers and jurisdiction, and receive the same 1,277
compensation as other judges of the court of common pleas of 1,278
Montgomery county and shall be elected and designated as judges 1,279
of the court of common pleas, division of domestic relations. 1,280
These judges shall have assigned to them all divorce, dissolution 1,281
of marriage, legal separation, and annulment cases. 1,282
The judge of the division of domestic relations, senior in 1,284
point of service, shall be charged exclusively with the 1,285
assignment and division of the work of the division and shall 1,286
have charge of the employment and supervision of the personnel of 1,287
the division engaged in handling, servicing, or investigating 1,288
divorce, dissolution of marriage, legal separation, and annulment 1,289
cases, including any necessary referees, except those employees 1,290
who may be appointed by the judge, junior in point of service, 1,291
under this section and sections 2301.12, 2301.18, and 2301.19 of 1,292
the Revised Code. The judge of the division of domestic 1,293
relations, senior in point of service, also shall designate the 1,294
title, compensation, expense allowances, hours, leaves of 1,295
absence, and vacation of the personnel of the division and shall 1,296
fix their duties. 1,297
(2) The judges of the court of common pleas whose terms 1,299
34
begin on January 1, 1953, and January 1, 1993, and successors, 1,300
shall have the same qualifications, exercise the same powers and 1,301
jurisdiction, and receive the same compensation as other judges 1,302
of the court of common pleas of Montgomery county, shall be 1,303
elected and designated as judges of the court of common pleas, 1,304
juvenile division, and shall be, and have the powers and 1,305
jurisdiction of, the juvenile judge as provided in Chapter 2151. 1,306
of the Revised Code. 1,307
In addition to the judge's regular duties, the judge of the 1,309
court of common pleas, juvenile division, senior in point of 1,311
service, shall be the administrator of the juvenile division and 1,312
its subdivisions and departments and shall have charge of the 1,313
employment, assignment, and supervision of the personnel of the 1,314
juvenile division, including any necessary referees, who are 1,315
engaged in handling, servicing, or investigating juvenile cases. 1,316
The judge, senior in point of service, also shall designate the 1,317
title, compensation, expense allowances, hours, leaves of 1,318
absence, and vacation of the personnel of the division and shall 1,319
fix their duties. The duties of the personnel, in addition to 1,320
other statutory duties, shall include the handling, servicing, 1,321
and investigation of juvenile cases and of any counseling and 1,322
conciliation services that are available upon request to persons, 1,323
whether or not they are parties to an action pending in the 1,324
division. 1,325
If one of the judges of the court of common pleas, division 1,327
of domestic relations, or one of the judges of the court of 1,328
common pleas, juvenile division, is sick, absent, or unable to 1,329
perform that the judge's duties or the volume of cases pending in 1,331
that judge's division necessitates it, the duties of that judge 1,333
may be performed by the judge or judges of the other of those 1,334
divisions.
(G) In Richland county, the judge of the court of common 1,336
pleas whose term begins on January 1, 1957, and successors, shall 1,337
have the same qualifications, exercise the same powers and 1,338
35
jurisdiction, and receive the same compensation as the other 1,339
judges of the court of common pleas of Richland county and shall 1,340
be elected and designated as judge of the court of common pleas, 1,341
division of domestic relations. That judge shall have all of the 1,343
powers relating to juvenile courts, and all cases under Chapter 1,344
2151. of the Revised Code, all parentage proceedings over which 1,345
the juvenile court has jurisdiction, and all divorce, dissolution 1,346
of marriage, legal separation, and annulment cases shall be 1,347
assigned to that judge, except in cases that for some special 1,348
reason are assigned to some other judge of the court of common 1,350
pleas.
(H) In Stark county, the judges of the court of common 1,352
pleas whose terms begin on January 1, 1953, January 2, 1959, and 1,353
January 1, 1993, and successors, shall have the same 1,354
qualifications, exercise the same powers and jurisdiction, and 1,355
receive the same compensation as other judges of the court of 1,356
common pleas of Stark county and shall be elected and designated 1,357
as judges of the court of common pleas, division of domestic 1,358
relations. They shall have all the powers relating to juvenile 1,359
courts, and all cases under Chapter 2151. of the Revised Code, 1,360
all parentage proceedings over which the juvenile court has 1,361
jurisdiction, and all divorce, dissolution of marriage, legal 1,362
separation, and annulment cases, except cases that are assigned 1,363
to some other judge of the court of common pleas for some special 1,364
reason, shall be assigned to the judges. 1,365
The judge of the division of domestic relations, second 1,367
most senior in point of service, shall have charge of the 1,368
employment and supervision of the personnel of the division 1,369
engaged in handling, servicing, or investigating divorce, 1,370
dissolution of marriage, legal separation, and annulment cases, 1,371
and necessary referees required for his respective court. 1,372
The judge of the division of domestic relations, senior in 1,374
point of service, shall be charged exclusively with the 1,375
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 1,376
36
of the Revised Code and with the assignment and division of the 1,377
work of the division and the employment and supervision of all 1,378
other personnel of the division, including, but not limited to, 1,379
that judge's necessary referees, but excepting those employees 1,381
who may be appointed by the judge second most senior in point of 1,382
service. The senior judge further shall serve as administrator 1,383
of the bureau of aid to dependent children and shall serve in 1,384
every other position in which the statutes permit or require a 1,385
juvenile judge to serve. 1,386
(I) In Summit county: 1,388
(1) The judges of the court of common pleas whose terms 1,390
begin on January 4, 1967, and January 6, 1993, and successors, 1,391
shall have the same qualifications, exercise the same powers and 1,392
jurisdiction, and receive the same compensation as other judges 1,393
of the court of common pleas of Summit county and shall be 1,394
elected and designated as judges of the court of common pleas, 1,395
division of domestic relations. The judges of the division of 1,396
domestic relations shall have assigned to them and hear all 1,397
divorce, dissolution of marriage, legal separation, and annulment 1,398
cases that come before the court. 1,399
The judge of the division of domestic relations, senior in 1,401
point of service, shall be the administrator of the domestic 1,402
relations division and its subdivisions and departments and shall 1,403
have charge of the employment, assignment, and supervision of the 1,404
personnel of the division, including any necessary referees, who 1,405
are engaged in handling, servicing, or investigating divorce, 1,406
dissolution of marriage, legal separation, and annulment cases. 1,407
That judge also shall designate the title, compensation, expense 1,408
allowances, hours, leaves of absence, and vacations of the 1,409
personnel of the division and shall fix their duties. The duties 1,410
of the personnel, in addition to other statutory duties, shall 1,411
include the handling, servicing, and investigation of divorce, 1,412
dissolution of marriage, legal separation, and annulment cases 1,413
and of any counseling and conciliation services that are 1,414
37
available upon request to all persons, whether or not they are 1,415
parties to an action pending in the division. 1,416
(2) The judge of the court of common pleas whose term 1,418
begins on January 1, 1955, and successors, shall have the same 1,419
qualifications, exercise the same powers and jurisdiction, and 1,420
receive the same compensation as other judges of the court of 1,421
common pleas of Summit county, shall be elected and designated as 1,422
judge of the court of common pleas, juvenile division, and shall 1,423
be, and have the powers and jurisdiction of, the juvenile judge 1,424
as provided in Chapter 2151. of the Revised Code. 1,425
The juvenile judge shall be the administrator of the 1,427
juvenile division and its subdivisions and departments and shall 1,428
have charge of the employment, assignment, and supervision of the 1,429
personnel of the juvenile division, including any necessary 1,430
referees, who are engaged in handling, servicing, or 1,431
investigating juvenile cases. The judge also shall designate the 1,432
title, compensation, expense allowances, hours, leaves of 1,433
absence, and vacation of the personnel of the division and shall 1,434
fix their duties. The duties of the personnel, in addition to 1,435
other statutory duties, shall include the handling, servicing, 1,436
and investigation of juvenile cases and of any counseling and 1,437
conciliation services that are available upon request to persons, 1,438
whether or not they are parties to an action pending in the 1,439
division. 1,440
(J) In Trumbull county, the judges of the court of common 1,442
pleas whose terms begin on January 1, 1953, and January 2, 1977, 1,443
and successors, shall have the same qualifications, exercise the 1,444
same powers and jurisdiction, and receive the same compensation 1,445
as other judges of the court of common pleas of Trumbull county 1,446
and shall be elected and designated as judges of the court of 1,447
common pleas, division of domestic relations. They shall have 1,448
all the powers relating to juvenile courts, and all cases under 1,449
Chapter 2151. of the Revised Code, all parentage proceedings over 1,450
which the juvenile court has jurisdiction, and all divorce, 1,451
38
dissolution of marriage, legal separation, and annulment cases 1,452
shall be assigned to them, except cases that for some special 1,453
reason are assigned to some other judge of the court of common 1,454
pleas. 1,455
(K) In Butler county: 1,457
(1) The judges of the court of common pleas whose terms 1,459
begin on January 1, 1957, and January 4, 1993, and successors, 1,460
shall have the same qualifications, exercise the same powers and 1,461
jurisdiction, and receive the same compensation as other judges 1,462
of the court of common pleas of Butler county and shall be 1,463
elected and designated as judges of the court of common pleas, 1,464
division of domestic relations. The judges of the division of 1,465
domestic relations shall have assigned to them all divorce, 1,466
dissolution of marriage, legal separation, and annulment cases 1,467
coming before the court, except in cases that for some special 1,468
reason are assigned to some other judge of the court of common 1,469
pleas. The judge senior in point of service shall be charged 1,470
with the assignment and division of the work of the division and 1,471
with the employment and supervision of all other personnel of the 1,472
domestic relations division. 1,473
The judge senior in point of service also shall designate 1,475
the title, compensation, expense allowances, hours, leaves of 1,476
absence, and vacations of the personnel of the division and shall 1,477
fix their duties. The duties of the personnel, in addition to 1,478
other statutory duties, shall include the handling, servicing, 1,479
and investigation of divorce, dissolution of marriage, legal 1,480
separation, and annulment cases and providing any counseling and 1,481
conciliation services that the division makes available to 1,482
persons, whether or not the persons are parties to an action 1,483
pending in the division, who request the services. 1,484
(2) The judge of the court of common pleas whose term 1,486
begins on January 3, 1987, and successors, shall have the same 1,487
qualifications, exercise the same powers and jurisdiction, and 1,488
receive the same compensation as other judges of the court of 1,489
39
common pleas of Butler county, shall be elected and designated as 1,490
judge of the court of common pleas, juvenile division, and shall 1,491
be the juvenile judge as provided in Chapter 2151. of the Revised 1,492
Code, with the powers and jurisdictions conferred by that 1,493
chapter. The judge of the court of common pleas, juvenile 1,494
division, shall be the administrator of the juvenile division and 1,495
its subdivisions and departments. The judge shall have charge of 1,496
the employment, assignment, and supervision of the personnel of 1,497
the juvenile division who are engaged in handling, servicing, or 1,498
investigating juvenile cases, including any referees whom the 1,499
judge considers necessary for the discharge of the judge's 1,500
various duties. 1,501
The judge also shall designate the title, compensation, 1,503
expense allowances, hours, leaves of absence, and vacation of the 1,504
personnel of the division and shall fix their duties. The duties 1,505
of the personnel, in addition to other statutory duties, include 1,506
the handling, servicing, and investigation of juvenile cases and 1,507
providing any counseling and conciliation services that the 1,508
division makes available to persons, whether or not the persons 1,509
are parties to an action pending in the division, who request the 1,510
services. 1,511
(3) If a judge of the court of common pleas, division of 1,513
domestic relations or juvenile division, is sick, absent, or 1,514
unable to perform that the judge's judicial duties or the volume 1,515
of cases pending in the judge's division necessitates it, the 1,518
duties of that judge shall be performed by the other judges of 1,519
the domestic relations and juvenile divisions. 1,520
(L)(1) In Cuyahoga county, the judges of the court of 1,522
common pleas whose terms begin on January 8, 1961, January 9, 1,523
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 1,524
and successors, shall have the same qualifications, exercise the 1,525
same powers and jurisdiction, and receive the same compensation 1,526
as other judges of the court of common pleas of Cuyahoga county 1,527
and shall be elected and designated as judges of the court of 1,528
40
common pleas, division of domestic relations. They shall have 1,529
all the powers relating to all divorce, dissolution of marriage, 1,530
legal separation, and annulment cases, except in cases that are 1,531
assigned to some other judge of the court of common pleas for 1,532
some special reason. 1,533
(2) The administrative judge is administrator of the 1,535
domestic relations division and its subdivisions and departments 1,536
and has the following powers concerning division personnel: 1,537
(a) Full charge of the employment, assignment, and 1,539
supervision; 1,540
(b) Sole determination of compensation, duties, expenses, 1,542
allowances, hours, leaves, and vacations. 1,543
(3) "Division personnel" include persons employed or 1,545
referees engaged in hearing, servicing, investigating, 1,546
counseling, or conciliating divorce, dissolution of marriage, 1,547
legal separation and annulment matters. 1,548
(M) In Lake county: 1,550
(1) The judge of the court of common pleas whose term 1,552
begins on January 2, 1961, and successors, shall have the same 1,553
qualifications, exercise the same powers and jurisdiction, and 1,554
receive the same compensation as the other judges of the court of 1,555
common pleas of Lake county and shall be elected and designated 1,556
as judge of the court of common pleas, division of domestic 1,557
relations. The judge shall be assigned all the divorce, 1,559
dissolution of marriage, legal separation, and annulment cases 1,560
coming before the court, except in cases that for some special 1,561
reason are assigned to some other judge of the court of common 1,562
pleas. The judge shall be charged with the assignment and 1,563
division of the work of the division and with the employment and 1,564
supervision of all other personnel of the domestic relations 1,565
division. 1,566
The judge also shall designate the title, compensation, 1,568
expense allowances, hours, leaves of absence, and vacations of 1,569
the personnel of the division and shall fix their duties. The 1,570
41
duties of the personnel, in addition to other statutory duties, 1,571
shall include the handling, servicing, and investigation of 1,572
divorce, dissolution of marriage, legal separation, and annulment 1,573
cases and providing any counseling and conciliation services that 1,574
the division makes available to persons, whether or not the 1,575
persons are parties to an action pending in the division, who 1,576
request the services. 1,577
(2) The judge of the court of common pleas whose term 1,579
begins on January 4, 1979, and successors, shall have the same 1,580
qualifications, exercise the same powers and jurisdiction, and 1,581
receive the same compensation as other judges of the court of 1,582
common pleas of Lake county, shall be elected and designated as 1,583
judge of the court of common pleas, juvenile division, and shall 1,584
be the juvenile judge as provided in Chapter 2151. of the Revised 1,585
Code, with the powers and jurisdictions conferred by that 1,586
chapter. The judge of the court of common pleas, juvenile 1,587
division, shall be the administrator of the juvenile division and 1,588
its subdivisions and departments. The judge shall have charge of 1,589
the employment, assignment, and supervision of the personnel of 1,590
the juvenile division who are engaged in handling, servicing, or 1,591
investigating juvenile cases, including any referees whom the 1,592
judge considers necessary for the discharge of the judge's 1,593
various duties. 1,594
The judge also shall designate the title, compensation, 1,596
expense allowances, hours, leaves of absence, and vacation of the 1,597
personnel of the division and shall fix their duties. The duties 1,598
of the personnel, in addition to other statutory duties, include 1,599
the handling, servicing, and investigation of juvenile cases and 1,600
providing any counseling and conciliation services that the 1,601
division makes available to persons, whether or not the persons 1,602
are parties to an action pending in the division, who request the 1,603
services. 1,604
(3) If a judge of the court of common pleas, division of 1,606
domestic relations or juvenile division, is sick, absent, or 1,607
42
unable to perform that the judge's judicial duties or the volume 1,608
of cases pending in the judge's division necessitates it, the 1,611
duties of that judge shall be performed by the other judges of 1,612
the domestic relations and juvenile divisions. 1,613
(N) In Erie county, the judge of the court of common pleas 1,615
whose term begins on January 2, 1971, and successors, shall have 1,616
the same qualifications, exercise the same powers and 1,617
jurisdiction, and receive the same compensation as the other 1,618
judge of the court of common pleas of Erie county and shall be 1,619
elected and designated as judge of the court of common pleas, 1,620
division of domestic relations. The judge shall have all the 1,621
powers relating to juvenile courts, and shall be assigned all 1,622
cases under Chapter 2151. of the Revised Code, parentage 1,624
proceedings over which the juvenile court has jurisdiction, and 1,626
divorce, dissolution of marriage, legal separation, and annulment 1,627
cases, except cases that for some special reason are assigned to 1,628
some other judge. 1,629
(O) In Greene county: 1,631
(1) The judge of the court of common pleas whose term 1,633
begins on January 1, 1961, and successors, shall have the same 1,634
qualifications, exercise the same powers and jurisdiction, and 1,635
receive the same compensation as the other judges of the court of 1,636
common pleas of Greene county and shall be elected and designated 1,637
as the judge of the court of common pleas, division of domestic 1,638
relations. The judge shall be assigned all divorce, dissolution 1,640
of marriage, legal separation, annulment, uniform reciprocal 1,641
support enforcement, and domestic violence cases and all other 1,642
cases related to domestic relations, except cases that for some 1,643
special reason are assigned to some other judge of the court of 1,644
common pleas.
The judge shall be charged with the assignment and division 1,646
of the work of the division and with the employment and 1,647
supervision of all other personnel of the division. The judge 1,649
also shall designate the title, compensation, hours, leaves of 1,651
43
absence, and vacations of the personnel of the division and shall 1,652
fix their duties. The duties of the personnel of the division, 1,653
in addition to other statutory duties, shall include the 1,654
handling, servicing, and investigation of divorce, dissolution of 1,655
marriage, legal separation, and annulment cases and the provision 1,656
of counseling and conciliation services that the division 1,657
considers necessary and makes available to persons who request 1,658
the services, whether or not the persons are parties in an action 1,659
pending in the division. The compensation for the personnel 1,660
shall be paid from the overall court budget and shall be included 1,661
in the appropriations for the existing judges of the general 1,662
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 1,664
begins on January 1, 1995, and successors shall have the same 1,665
qualifications, exercise the same powers and jurisdiction, and 1,666
receive the same compensation as the other judges of the court of 1,667
common pleas of Greene county, shall be elected and designated as 1,668
judge of the court of common pleas, juvenile division, and, on or 1,669
after January 1, 1995, shall be the juvenile judge as provided in 1,670
Chapter 2151. of the Revised Code with the powers and 1,671
jurisdiction conferred by that chapter. The judge of the court 1,672
of common pleas, juvenile division, shall be the administrator of 1,673
the juvenile division and its subdivisions and departments. The 1,674
judge shall have charge of the employment, assignment, and 1,675
supervision of the personnel of the juvenile division who are 1,676
engaged in handling, servicing, or investigating juvenile cases, 1,677
including any referees whom the judge considers necessary for the 1,678
discharge of the judge's various duties. 1,679
The judge also shall designate the title, compensation, 1,681
expense allowances, hours, leaves of absence, and vacation of the 1,682
personnel of the division and shall fix their duties. The duties 1,683
of the personnel, in addition to other statutory duties, include 1,684
the handling, servicing, and investigation of juvenile cases and 1,685
providing any counseling and conciliation services that the court 1,686
44
makes available to persons, whether or not the persons are 1,687
parties to an action pending in the court, who request the 1,688
services. 1,689
(3) If one of the judges of the court of common pleas, 1,691
general division, is sick, absent, or unable to perform that the 1,692
judge's judicial duties or the volume of cases pending in the 1,693
general division necessitates it, the duties of that judge of the 1,695
general division shall be performed by the judge of the division 1,696
of domestic relations and the judge of the juvenile division. 1,697
(P) In Portage county, the judge of the court of common 1,699
pleas, whose term begins January 2, 1987, and successors, shall 1,700
have the same qualifications, exercise the same powers and 1,701
jurisdiction, and receive the same compensation as the other 1,702
judges of the court of common pleas of Portage county and shall 1,703
be elected and designated as judge of the court of common pleas, 1,704
division of domestic relations. The judge shall be assigned all 1,706
divorce, dissolution of marriage, legal separation, and annulment 1,708
cases coming before the court, except in cases that for some 1,709
special reason are assigned to some other judge of the court of 1,710
common pleas. The judge shall be charged with the assignment and 1,711
division of the work of the division and with the employment and 1,712
supervision of all other personnel of the domestic relations 1,713
division.
The judge also shall designate the title, compensation, 1,715
expense allowances, hours, leaves of absence, and vacations of 1,716
the personnel of the division and shall fix their duties. The 1,717
duties of the personnel, in addition to other statutory duties, 1,718
shall include the handling, servicing, and investigation of 1,719
divorce, dissolution of marriage, legal separation, and annulment 1,720
cases and providing any counseling and conciliation services that 1,721
the division makes available to persons, whether or not the 1,722
persons are parties to an action pending in the division, who 1,723
request the services. 1,724
(Q) In Clermont county, the judge of the court of common 1,726
45
pleas, whose term begins January 2, 1987, and successors, shall 1,727
have the same qualifications, exercise the same powers and 1,728
jurisdiction, and receive the same compensation as the other 1,729
judges of the court of common pleas of Clermont county and shall 1,730
be elected and designated as judge of the court of common pleas, 1,731
division of domestic relations. The judge shall be assigned all 1,733
divorce, dissolution of marriage, legal separation, and annulment 1,735
cases coming before the court, except in cases that for some 1,736
special reason are assigned to some other judge of the court of 1,737
common pleas. The judge shall be charged with the assignment and 1,738
division of the work of the division and with the employment and 1,739
supervision of all other personnel of the domestic relations 1,740
division.
The judge also shall designate the title, compensation, 1,742
expense allowances, hours, leaves of absence, and vacations of 1,743
the personnel of the division and shall fix their duties. The 1,744
duties of the personnel, in addition to other statutory duties, 1,745
shall include the handling, servicing, and investigation of 1,746
divorce, dissolution of marriage, legal separation, and annulment 1,747
cases and providing any counseling and conciliation services that 1,748
the division makes available to persons, whether or not the 1,749
persons are parties to an action pending in the division, who 1,750
request the services. 1,751
(R) In Warren county, the judge of the court of common 1,753
pleas, whose term begins January 1, 1987, and successors, shall 1,754
have the same qualifications, exercise the same powers and 1,755
jurisdiction, and receive the same compensation as the other 1,756
judges of the court of common pleas of Warren county and shall be 1,757
elected and designated as judge of the court of common pleas, 1,758
division of domestic relations. The judge shall be assigned all 1,760
divorce, dissolution of marriage, legal separation, and annulment 1,762
cases coming before the court, except in cases that for some 1,763
special reason are assigned to some other judge of the court of 1,764
common pleas. The judge shall be charged with the assignment and 1,765
46
division of the work of the division and with the employment and 1,766
supervision of all other personnel of the domestic relations 1,767
division.
The judge also shall designate the title, compensation, 1,769
expense allowances, hours, leaves of absence, and vacations of 1,770
the personnel of the division and shall fix their duties. The 1,771
duties of the personnel, in addition to other statutory duties, 1,772
shall include the handling, servicing, and investigation of 1,773
divorce, dissolution of marriage, legal separation, and annulment 1,774
cases and providing any counseling and conciliation services that 1,775
the division makes available to persons, whether or not the 1,776
persons are parties to an action pending in the division, who 1,777
request the services. 1,778
(S) In Licking county, the judge of the court of common 1,780
pleas, whose term begins January 1, 1991, and successors, shall 1,781
have the same qualifications, exercise the same powers and 1,782
jurisdiction, and receive the same compensation as the other 1,783
judges of the court of common pleas of Licking county and shall 1,784
be elected and designated as judge of the court of common pleas, 1,785
division of domestic relations. The judge shall be assigned all 1,787
divorce, dissolution of marriage, legal separation, and annulment 1,789
cases, all cases arising under Chapter 3111. of the Revised Code, 1,790
all proceedings involving child support, the allocation of 1,791
parental rights PARENTING FUNCTIONS and responsibilities for the 1,792
care of children and the designation for the children of a place 1,793
of residence and legal custodian, and visitation FOR PERSONS 1,794
OTHER THAN THE PARENTS, and all post-decree proceedings and 1,796
matters arising from those cases and proceedings, except in cases 1,797
that for some special reason are assigned to another judge of the 1,798
court of common pleas. The judge shall be charged with the 1,799
assignment and division of the work of the division and with the 1,800
employment and supervision of the personnel of the division. 1,801
The judge shall designate the title, compensation, expense 1,803
allowances, hours, leaves of absence, and vacations of the 1,804
47
personnel of the division and shall fix the duties of the 1,805
personnel of the division. The duties of the personnel of the 1,806
division, in addition to other statutory duties, shall include 1,807
the handling, servicing, and investigation of divorce, 1,808
dissolution of marriage, legal separation, and annulment cases, 1,809
cases arising under Chapter 3111. of the Revised Code, and 1,810
proceedings involving child support, the allocation of parental 1,811
rights PARENTING FUNCTIONS and responsibilities for the care of 1,812
children and the designation for the children of a place of 1,813
residence and legal custodian, and visitation FOR PERSONS OTHER 1,815
THAN THE PARENTS and providing any counseling and conciliation 1,816
services that the division makes available to persons, whether or 1,818
not the persons are parties to an action pending in the division, 1,819
who request the services.
(T) In Allen county, the judge of the court of common 1,821
pleas, whose term begins January 1, 1993, and successors, shall 1,822
have the same qualifications, exercise the same powers and 1,823
jurisdiction, and receive the same compensation as the other 1,824
judges of the court of common pleas of Allen county and shall be 1,825
elected and designated as judge of the court of common pleas, 1,826
division of domestic relations. The judge shall be assigned all 1,828
divorce, dissolution of marriage, legal separation, and annulment 1,830
cases, all cases arising under Chapter 3111. of the Revised Code, 1,831
all proceedings involving child support, the allocation of 1,832
parental rights PARENTING FUNCTIONS and responsibilities for the 1,833
care of children and the designation for the children of a place 1,834
of residence and legal custodian, and visitation FOR PERSONS
OTHER THAN THE PARENTS, and all post-decree proceedings and 1,835
matters arising from those cases and proceedings, except in cases 1,836
that for some special reason are assigned to another judge of the 1,838
court of common pleas. The judge shall be charged with the 1,839
assignment and division of the work of the division and with the 1,840
employment and supervision of the personnel of the division. 1,841
The judge shall designate the title, compensation, expense 1,843
48
allowances, hours, leaves of absence, and vacations of the 1,844
personnel of the division and shall fix the duties of the 1,845
personnel of the division. The duties of the personnel of the 1,846
division, in addition to other statutory duties, shall include 1,847
the handling, servicing, and investigation of divorce, 1,848
dissolution of marriage, legal separation, and annulment cases, 1,849
cases arising under Chapter 3111. of the Revised Code, and 1,850
proceedings involving child support, the allocation of parental 1,851
rights PARENTING FUNCTIONS and responsibilities for the care of 1,852
children and the designation for the children of a place of 1,853
residence and legal custodian, and visitation FOR PERSONS OTHER 1,855
THAN THE PARENTS, and providing any counseling and conciliation 1,857
services that the division makes available to persons, whether or 1,858
not the persons are parties to an action pending in the division, 1,859
who request the services.
(U) In Medina county, the judge of the court of common 1,861
pleas whose term begins January 1, 1995, and successors, shall 1,862
have the same qualifications, exercise the same powers and 1,863
jurisdiction, and receive the same compensation as other judges 1,864
of the court of common pleas of Medina county and shall be 1,865
elected and designated as judge of the court of common pleas, 1,866
division of domestic relations. The judge shall be assigned all 1,868
divorce, dissolution of marriage, legal separation, and annulment 1,870
cases, all cases arising under Chapter 3111. of the Revised Code, 1,871
all proceedings involving child support, the allocation of 1,872
parental rights PARENTING FUNCTIONS and responsibilities for the 1,873
care of children and the designation for the children of a place 1,874
of residence and legal custodian, and visitation FOR PERSONS
OTHER THAN THE PARENTS, and all post-decree proceedings and 1,875
matters arising from those cases and proceedings, except in cases 1,876
that for some special reason are assigned to another judge of the 1,878
court of common pleas. The judge shall be charged with the 1,879
assignment and division of the work of the division and with the 1,880
employment and supervision of the personnel of the division. 1,881
49
The judge shall designate the title, compensation, expense 1,883
allowances, hours, leaves of absence, and vacations of the 1,884
personnel of the division and shall fix the duties of the 1,885
personnel of the division. The duties of the personnel, in 1,886
addition to other statutory duties, include the handling, 1,887
servicing, and investigation of divorce, dissolution of marriage, 1,888
legal separation, and annulment cases, cases arising under 1,889
Chapter 3111. of the Revised Code, and proceedings involving 1,890
child support, the allocation of parental rights PARENTING 1,891
FUNCTIONS and responsibilities for the care of children and the 1,892
designation for the children of a place of residence and legal 1,894
custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and 1,895
providing counseling and conciliation services that the division 1,896
makes available to persons, whether or not the persons are 1,897
parties to an action pending in the division, who request the 1,899
services.
(V) In Fairfield county, the judge of the court of common 1,901
pleas whose term begins January 2, 1995, and successors, shall 1,902
have the same qualifications, exercise the same powers and 1,903
jurisdiction, and receive the same compensation as the other 1,904
judges of the court of common pleas of Fairfield county and shall 1,905
be elected and designated as judge of the court of common pleas, 1,906
division of domestic relations. The judge shall be assigned all 1,908
divorce, dissolution of marriage, legal separation, and annulment 1,910
cases, all cases arising under Chapter 3111. of the Revised Code, 1,911
all proceedings involving child support, the allocation of 1,912
parental rights PARENTING FUNCTIONS and responsibilities for the 1,913
care of children and the designation for the children of a place 1,914
of residence and legal custodian, and visitation FOR PERSONS 1,915
OTHER THAN THE PARENTS, and all post-decree proceedings and 1,917
matters arising from those cases and proceedings, except in cases 1,918
that for some special reason are assigned to another judge of the 1,919
court of common pleas. The judge also has concurrent 1,920
jurisdiction with the probate-juvenile division of the court of
50
common pleas of Fairfield county with respect to and may hear 1,921
cases to determine the custody of a child, as defined in section 1,922
2151.011 of the Revised Code, who is not the ward of another 1,924
court of this state, cases that are commenced by a parent, 1,925
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 1,926
child to pay child support for that child when the request for 1,928
that order is not ancillary to an action for divorce, dissolution 1,929
of marriage, annulment, or legal separation, a criminal or civil 1,930
action involving an allegation of domestic violence, an action 1,931
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 1,932
probate-juvenile division of the court of common pleas of 1,934
Fairfield county and that involves an allegation that the child 1,935
is an abused, neglected, or dependent child, and post-decree 1,936
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 1,938
charged with the assignment and division of the work of the 1,941
division and with the employment and supervision of the personnel 1,942
of the division.
The judge shall designate the title, compensation, expense 1,944
allowances, hours, leaves of absence, and vacations of the 1,945
personnel of the division and shall fix the duties of the 1,946
personnel of the division. The duties of the personnel of the 1,947
division, in addition to other statutory duties, shall include 1,948
the handling, servicing, and investigation of divorce, 1,949
dissolution of marriage, legal separation, and annulment cases, 1,950
cases arising under Chapter 3111. of the Revised Code, and 1,951
proceedings involving child support, the allocation of parental 1,952
rights PARENTING FUNCTIONS and responsibilities for the care of 1,953
children and the designation for the children of a place of 1,954
residence and legal custodian, and visitation FOR PERSONS OTHER 1,956
THAN THE PARENTS, and providing any counseling and conciliation 1,957
services that the division makes available to persons, regardless 1,958
51
of whether the persons are parties to an action pending in the 1,959
division, who request the services. When the judge hears a case 1,960
to determine the custody of a child, as defined in section 1,961
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, 1,962
guardian, or custodian of a child, as defined in section 2151.011 1,963
of the Revised Code, to obtain an order requiring a parent of the 1,964
child to pay child support for that child when the request for 1,965
that order is not ancillary to an action for divorce, dissolution 1,966
of marriage, annulment, or legal separation, a criminal or civil
action involving an allegation of domestic violence, an action 1,967
for support under Chapter 3115. of the Revised Code, or an action 1,968
that is within the exclusive original jurisdiction of the 1,969
probate-juvenile division of the court of common pleas of 1,970
Fairfield county and that involves an allegation that the child 1,971
is an abused, neglected, or dependent child, the duties of the
personnel of the domestic relations division also include the 1,972
handling, servicing, and investigation of those types of cases. 1,973
(W)(1) In Clark county, the judge of the court of common 1,975
pleas whose term begins on January 2, 1995, and successors, shall 1,976
have the same qualifications, exercise the same powers and 1,977
jurisdiction, and receive the same compensation as other judges 1,978
of the court of common pleas of Clark county and shall be elected 1,979
and designated as judge of the court of common pleas, domestic 1,980
relations division. The judge shall have all the powers relating 1,982
to juvenile courts, and all cases under Chapter 2151. of the 1,983
Revised Code and all parentage proceedings under Chapter 3111. of 1,984
the Revised Code over which the juvenile court has jurisdiction 1,985
shall be assigned to the judge of the division of domestic 1,986
relations. All divorce, dissolution of marriage, legal 1,987
separation, annulment, uniform reciprocal support enforcement, 1,988
and other cases related to domestic relations shall be assigned 1,989
to the domestic relations division, and the presiding judge of 1,990
the court of common pleas shall assign the cases to the judge of 1,991
52
the domestic relations division and the judges of the general 1,992
division. 1,993
(2) In addition to the judge's regular duties, the judge 1,995
of the division of domestic relations shall serve on the children 1,997
services board and the county advisory board. 1,998
(3) If the judge of the court of common pleas of Clark 2,000
county, division of domestic relations, is sick, absent, or 2,001
unable to perform that the judge's judicial duties or if the 2,002
presiding judge of the court of common pleas of Clark county 2,005
determines that the volume of cases pending in the division of 2,006
domestic relations necessitates it, the duties of the judge of 2,007
the division of domestic relations shall be performed by the 2,008
judges of the general division or probate division of the court 2,009
of common pleas of Clark county, as assigned for that purpose by 2,010
the presiding judge of that court, and the judges so assigned 2,011
shall act in conjunction with the judge of the division of 2,012
domestic relations of that court. 2,013
(X) In Scioto county, the judge of the court of common 2,015
pleas whose term begins January 2, 1995, and successors, shall 2,017
have the same qualifications, exercise the same powers and 2,018
jurisdiction, and receive the same compensation as other judges 2,019
of the court of common pleas of Scioto county and shall be 2,020
elected and designated as judge of the court of common pleas, 2,021
division of domestic relations. The judge shall be assigned all 2,023
divorce, dissolution of marriage, legal separation, and annulment 2,025
cases, all cases arising under Chapter 3111. of the Revised Code, 2,026
all proceedings involving child support, the allocation of 2,027
parental rights PARENTING FUNCTIONS and responsibilities for the 2,028
care of children and the designation for the children of a place 2,029
of residence and legal custodian, visitation FOR PERSONS OTHER
THAN THE PARENTS, and all post-decree proceedings and matters 2,030
arising from those cases and proceedings, except in cases that 2,031
for some special reason are assigned to another judge of the 2,033
court of common pleas. The judge shall be charged with the 2,034
53
assignment and division of the work of the division and with the 2,035
employment and supervision of the personnel of the division. 2,036
The judge shall designate the title, compensation, expense 2,038
allowances, hours, leaves of absence, and vacations of the 2,039
personnel of the division and shall fix the duties of the 2,040
personnel of the division. The duties of the personnel, in 2,041
addition to other statutory duties, include the handling, 2,042
servicing, and investigation of divorce, dissolution of marriage, 2,043
legal separation, and annulment cases, cases arising under 2,044
Chapter 3111. of the Revised Code, and proceedings involving 2,045
child support, the allocation of parental rights PARENTING 2,046
FUNCTIONS and responsibilities for the care of children and the 2,047
designation for the children of a place of residence and legal 2,049
custodian, and visitation FOR PERSONS OTHER THAN THE PARENTS, and 2,050
providing counseling and conciliation services that the division 2,052
makes available to persons, whether or not the persons are 2,053
parties to an action pending in the division, who request the 2,054
services.
(Y) In Auglaize county, the judge of the probate and 2,056
juvenile divisions of the Auglaize county court of common pleas 2,057
also shall be the administrative judge of the domestic relations 2,058
division of the court and shall be assigned all divorce, 2,060
dissolution of marriage, legal separation, and annulment cases 2,061
coming before the court. The judge shall have all powers as 2,062
administrator of the domestic relations division and shall have 2,063
charge of the personnel engaged in handling, servicing, or 2,064
investigating divorce, dissolution of marriage, legal separation, 2,065
and annulment cases, including any referees considered necessary 2,066
for the discharge of the judge's various duties. 2,067
(Z) If a judge of the court of common pleas, division of 2,069
domestic relations, or juvenile judge, of any of the counties 2,070
mentioned in this section is sick, absent, or unable to perform 2,071
that the judge's judicial duties or the volume of cases pending 2,072
in the judge's division necessitates it, the duties of that judge 2,075
54
shall be performed by another judge of the court of common pleas 2,076
of that county, assigned for that purpose by the presiding judge 2,077
of the court of common pleas of that county to act in place of or 2,078
in conjunction with that judge, as the case may require. 2,079
Sec. 2307.50. (A) As used in this section: 2,088
(1) "Child stealing crime" means a violation of sections 2,090
2905.01, 2905.02, 2905.03, and 2919.23 of the Revised Code or 2,092
section 2905.04 of the Revised Code as it existed prior to the
effective date of this amendment. 2,093
(2) "Minor" means a person under eighteen years of age. 2,095
(3) "Parental or guardianship interest" means that a 2,097
parent of a minor is the residential parent and legal custodian 2,098
of the minor and has the rights corresponding to that capacity, 2,099
that a parent of a minor is the parent other than the residential 2,100
parent of the minor and has a right of access to the minor, that 2,101
the parents of a minor have parental rights and responsibilities 2,102
for the care of the minor and are the residential parents and 2,103
legal custodians of the child, or that any other person has a 2,104
right of custody or access to a minor as his THE MINOR'S guardian 2,106
or other custodian. 2,107
(B) Except as provided in division (D) of this section, if 2,109
a minor is the victim of a child stealing crime and if, as a 2,110
result of that crime, the minor's parents, parent who is the 2,111
residential parent and legal custodian, parent who is not the 2,113
residential parent and legal custodian, guardian, or other 2,114
custodian is deprived of a parental or guardianship interest in 2,115
the minor, the parents, parent who is the residential parent and 2,116
legal custodian, parent who is not the residential parent and 2,117
legal custodian, guardian, or other custodian may maintain a 2,118
civil action against the offender to recover damages for 2,119
interference with the parental or guardianship interest. In the 2,120
civil action, the plaintiffs may recover all of the following: 2,121
(1) Full compensatory damages, including, but not limited 2,123
to, damages for the mental suffering and anguish incurred by the 2,124
55
plaintiffs, damages for the loss of society of the minor, and, if 2,125
applicable, damages for the loss of the minor's services and 2,126
damages for expenses incurred by the plaintiffs in locating or 2,127
recovering the minor; 2,128
(2) Punitive damages; 2,130
(3) Reasonable attorney's fees; 2,132
(4) Costs of bringing the civil action. 2,134
(C) In a civil action brought pursuant to this section, 2,136
the trier of fact may determine that the minor was the victim of 2,137
a child stealing crime and that the defendant committed the 2,138
crime, regardless of whether the defendant has been convicted of 2,139
or pleaded guilty to a child stealing crime. 2,140
(D) This section does not create a civil action for one 2,142
parent against the other parent who commits a child stealing 2,143
crime against the parent's own child. 2,144
Sec. 2307.70. (A) Any person who suffers injury or loss 2,153
to person or property as a result of an act committed in 2,154
violation of section 2909.05, 2927.11, or 2927.12 of the Revised 2,155
Code has a civil action and may recover in that action full 2,156
damages, including, but not limited to, punitive damages and 2,157
damages for emotional distress, the reasonable costs of 2,158
maintaining the civil action, and reasonable attorney's fees. 2,159
(B) Any person who suffers injury or loss to person or 2,161
property as a result of an act committed in violation of section 2,162
2909.05, 2927.11, or 2927.12 of the Revised Code by an unmarried 2,163
child under the age of eighteen has a civil action against the 2,164
parents who have parental rights and responsibilities for the 2,165
care of the child and are the residential parents and legal 2,166
custodians of the child, and may recover in that action 2,167
compensatory damages, costs, and attorney's fees, which damages, 2,168
costs, and fees in the aggregate shall not exceed five thousand 2,169
dollars. The parents and their child are jointly and severally 2,170
liable for any damages for injury or loss to person or property 2,171
caused by the child's act committed in violation of section 2,172
56
2909.05, 2927.11, or 2927.12 of the Revised Code. If a person 2,173
recovers damages from the parents of a child pursuant to this 2,174
division, that recovery does not preclude the person from 2,175
maintaining a civil action against the child pursuant to division 2,176
(A) of this section. 2,177
(C) The monetary limitation upon compensatory damages set 2,179
forth in section 3109.09 or 3109.10 of the Revised Code does not 2,180
apply to a civil action brought pursuant to this section. 2,181
(D) No record of conviction, unless obtained by confession 2,183
in open court, shall be used as evidence in a civil action 2,184
brought pursuant to this section. 2,185
Sec. 2317.02. The following persons shall not testify in 2,199
certain respects: 2,200
(A) An attorney, concerning a communication made TO the 2,202
attorney by the attorney's a client in that relation or the 2,203
attorney's advice to the a client, except that the attorney may 2,205
testify by express consent of the client or, if the client is 2,206
deceased, by the express consent of the surviving spouse or the 2,207
executor or administrator of the estate of the deceased client 2,208
and except that, if the client voluntarily testifies or is deemed 2,209
by section 2151.421 of the Revised Code to have waived any 2,210
testimonial privilege under this division, the attorney may be 2,211
compelled to testify on the same subject;
(B)(1) A physician or a dentist concerning a communication 2,213
made TO the physician or dentist by the physician's or dentist's 2,215
a patient in that relation or the physician's or dentist's advice 2,216
to the a patient, except as otherwise provided in this division, 2,217
division (B)(2), and division (B)(3) of this section, and except 2,218
that, if the patient is deemed by section 2151.421 of the Revised 2,219
Code to have waived any testimonial privilege under this 2,220
division, the physician may be compelled to testify on the same 2,221
subject.
The testimonial privilege under this division does not 2,223
apply, and a physician or dentist may testify or may be compelled 2,224
57
to testify in any of the following circumstances: 2,225
(a) In any civil action, in accordance with the discovery 2,227
provisions of the Rules of Civil Procedure in connection with a 2,228
civil action, or in connection with a claim under Chapter 4123. 2,229
of the Revised Code, under any of the following circumstances: 2,230
(i) If the patient or the guardian or other legal 2,232
representative of the patient gives express consent; 2,233
(ii) If the patient is deceased, the spouse of the patient 2,235
or the executor or administrator of the patient's estate gives 2,237
express consent;
(iii) If a medical claim, dental claim, chiropractic 2,239
claim, or optometric claim, as defined in section 2305.11 of the 2,240
Revised Code, an action for wrongful death, any other type of 2,241
civil action, or a claim under Chapter 4123. of the Revised Code 2,242
is filed by the patient, the personal representative of the 2,243
estate of the patient if deceased, or the patient's guardian or 2,245
other legal representative.
(b) In any criminal action concerning any test or the 2,247
results of any test that determines the presence or concentration 2,248
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 2,249
the patient's blood, breath, urine, or other bodily substance at 2,250
any time relevant to the criminal offense in question. 2,251
(2)(a) If any law enforcement officer submits a written 2,253
statement to a health care provider that states that an official 2,254
criminal investigation has begun regarding a specified person or 2,255
that a criminal action or proceeding has been commenced against a 2,256
specified person, that requests the provider to supply to the 2,257
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 2,258
specified person to determine the presence or concentration of 2,259
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 2,260
person's blood, breath, or urine at any time relevant to the 2,261
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 2,262
58
specifically prohibited by any law of this state or of the United 2,263
States, shall supply to the officer a copy of any of the 2,264
requested records the provider possesses. If the health care 2,265
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 2,266
indicates that the provider does not possess any of the requested 2,267
records.
(b) If a health care provider possesses any records of the 2,269
type described in division (B)(2)(a) of this section regarding 2,270
the person in question at any time relevant to the criminal 2,271
offense in question, in lieu of personally testifying as to the 2,272
results of the test in question, the custodian of the records may 2,273
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 2,274
admitted as evidence in accordance with the Rules of Evidence. 2,275
Division (A) of section 2317.422 of the Revised Code does not 2,276
apply to any certified copy of records submitted in accordance 2,277
with this division. Nothing in this division shall be construed 2,278
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 2,279
person under whose supervision the test was administered, the 2,280
custodian of the records, the person who made the records, or the 2,281
person under whose supervision the records were made. 2,282
(3)(a) If the testimonial privilege described in division 2,284
(B)(1) of this section does not apply as provided in division 2,285
(B)(1)(a)(iii) of this section, a physician or dentist may be 2,286
compelled to testify or to submit to discovery under the Rules of 2,287
Civil Procedure only as to a communication made TO the physician 2,288
or dentist by the patient in question in that relation, or the 2,289
physician's or dentist's advice to the patient in question, that 2,291
related causally or historically to physical or mental injuries 2,292
that are relevant to issues in the medical claim, dental claim, 2,293
chiropractic claim, or optometric claim, action for wrongful 2,294
death, other civil action, or claim under Chapter 4123. of the 2,295
59
Revised Code.
(b) If the testimonial privilege described in division 2,297
(B)(1) of this section does not apply to a physician or dentist 2,298
as provided in division (B)(1)(b) of this section, the physician 2,299
or dentist, in lieu of personally testifying as to the results of 2,300
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 2,301
qualified as authentic evidence and may be admitted as evidence 2,302
in accordance with the Rules of Evidence. Division (A) of 2,303
section 2317.422 of the Revised Code does not apply to any 2,304
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 2,305
the right of any party to call as a witness the person who 2,306
administered the test in question, the person under whose 2,307
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 2,308
person under whose supervision the results were compiled. 2,309
(4)(a) As used in divisions (B)(1) to (3) of this section, 2,311
"communication" means acquiring, recording, or transmitting any 2,312
information, in any manner, concerning any facts, opinions, or 2,313
statements necessary to enable a physician or dentist to 2,314
diagnose, treat, prescribe, or act for a patient. A 2,315
"communication" may include, but is not limited to, any medical 2,316
or dental, office, or hospital communication such as a record, 2,317
chart, letter, memorandum, laboratory test and results, x-ray, 2,318
photograph, financial statement, diagnosis, or prognosis. 2,319
(b) As used in division (B)(2) of this section, "health 2,321
care provider" has the same meaning as in section 3729.01 of the 2,322
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 2,324
apply to doctors of medicine, doctors of osteopathic medicine, 2,325
doctors of podiatry, and dentists. 2,326
(6) Nothing in divisions (B)(1) to (5) of this section 2,328
affects, or shall be construed as affecting, the immunity from 2,329
60
civil liability conferred by section 2305.33 of the Revised Code 2,330
upon physicians who report an employee's use of a drug of abuse, 2,331
or a condition of an employee other than one involving the use of 2,332
a drug of abuse, to the employer of the employee in accordance 2,333
with division (B) of that section. As used in this division, 2,334
"employee," "employer," and "physician" have the same meanings as 2,335
in section 2305.33 of the Revised Code. 2,336
(C) A member of the clergy, rabbi, priest, or regularly 2,338
ordained, accredited, or licensed minister of an established and 2,340
legally cognizable church, denomination, or sect, when the cleric 2,341
MEMBER OF THE CLERGY, rabbi, priest, or minister remains 2,343
accountable to the authority of that church, denomination, or 2,344
sect, concerning a confession made, or any information 2,345
confidentially communicated, TO the clergyman MEMBER OF THE 2,346
CLERGY, rabbi, priest, or minister for a religious counseling 2,347
purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's, 2,348
priest's, or minister's professional character; however, the 2,350
cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may 2,352
testify by express consent of the person making the 2,353
communication, except when the disclosure of the information is 2,354
in violation of the clergyman's rabbi's, priest's, or minister's 2,355
a sacred trust.
(D) Husband or wife, concerning any communication made by 2,357
one to the other, or an act done by either in the presence of the 2,358
other, during coverture, unless the communication was made, or 2,359
act done, in the known presence or hearing of a third person 2,360
competent to be a witness; and such rule is the same if the 2,361
marital relation has ceased to exist. 2,362
(E) A person who assigns a claim or interest, concerning 2,364
any matter in respect to which the person would not, if a party, 2,366
be permitted to testify;
(F) A person who, if a party, would be restricted under 2,369
section 2317.03 of the Revised Code, when the property or thing 2,370
is sold or transferred by an executor, administrator, guardian, 2,371
61
trustee, heir, devisee, or legatee, shall be restricted in the 2,372
same manner in any action or proceeding concerning the property 2,373
or thing.
(G)(1) A school guidance counselor who holds a valid 2,375
educator license from the state board of education as provided 2,377
for in section 3319.22 of the Revised Code, a person licensed 2,378
under Chapter 4757. of the Revised Code as a professional 2,379
clinical counselor, professional counselor, social worker, or 2,380
independent social worker, or registered under Chapter 4757. of 2,381
the Revised Code as a social work assistant concerning a 2,382
confidential communication such person such person's received 2,383
from a client in that relation or such person's the person's 2,384
advice to the a client unless any of the following applies: 2,385
(a) The communication or advice indicates clear and 2,387
present danger to the client or other persons. For the purposes 2,388
of this division, cases in which there are indications of present 2,389
or past child abuse or neglect of the client constitute a clear 2,390
and present danger. 2,391
(b) The client gives express consent to the testimony. 2,393
(c) If the client is deceased, the surviving spouse or the 2,395
executor or administrator of the estate of the deceased client 2,396
gives express consent. 2,397
(d) The client voluntarily testifies, in which case the 2,399
school guidance counselor or person licensed or registered under 2,400
Chapter 4757. of the Revised Code may be compelled to testify on 2,402
the same subject.
(e) The court in camera determines that the information 2,404
communicated by the client is not germane to the counselor-client 2,405
or social worker-client relationship. 2,406
(f) A court, in an action brought against a school, its 2,408
administration, or any of its personnel by the client, rules 2,409
after an in-camera inspection that the testimony of the school 2,410
guidance counselor is relevant to that action. 2,411
(2) Nothing in division (G)(1) of this section shall 2,413
62
relieve a school guidance counselor or a person licensed or 2,415
registered under Chapter 4757. of the Revised Code from the 2,417
requirement to report information concerning child abuse or 2,418
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 2,420
division (A) of FORMER section 3109.052 OR SECTION 3109.55 of the 2,422
Revised Code or otherwise issued in any proceeding for divorce, 2,423
dissolution, legal separation, annulment, or the allocation of 2,424
parental rights and responsibilities PURSUANT TO FORMER SECTION 2,426
3109.04 OF THE REVISED CODE OR THE PARENTING FUNCTIONS AND 2,427
RESPONSIBILITIES PURSUANT TO ANY SECTION OF THE REVISED CODE,
INCLUDING SECTION 3109.62 OF THE REVISED CODE, for the care of 2,429
children, in any action or proceeding, other than a criminal, 2,430
delinquency, child abuse, child neglect, or dependent child 2,431
action or proceeding, that is brought by or against either parent 2,432
who takes part in mediation in accordance with the order and that 2,433
pertains to the mediation process, to any information discussed 2,434
or presented in the mediation process, to the allocation of 2,435
parental rights and responsibilities PURSUANT TO FORMER SECTION 2,437
3109.04 OF THE REVISED CODE OR THE PARENTING FUNCTIONS AND 2,438
RESPONSIBILITIES PURSUANT TO ANY SECTION OF THE REVISED CODE,
INCLUDING SECTION 3109.62 OF THE REVISED CODE, for the care of 2,440
the parents' children, or to the awarding of visitation rights in 2,441
relation to their children PURSUANT TO FORMER SECTION 3109.051 OR 2,442
3109.12 OF THE REVISED CODE.
(I) A communications assistant, acting within the scope of 2,444
the communication that assistant's authority, when providing 2,445
telecommunications relay service pursuant to section 4931.35 of 2,447
the Revised Code or Title II of the "Communications Act of 1934," 2,448
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 2,449
made through a telecommunications relay service. 2,450
Nothing in this section shall limit any immunity or 2,452
privilege granted under federal law or regulation. Nothing in 2,453
this section shall limit the obligation of a communications 2,454
63
assistant to divulge information or testify when mandated by 2,455
federal law or regulation or pursuant to subpoena in a criminal 2,456
proceeding. 2,457
Sec. 2705.031. (A) As used in this section, "Title IV-D 2,466
case" has the same meaning as in section 3113.21 of the Revised 2,467
Code. 2,468
(B)(1) Any party who has a legal claim to any support 2,470
ordered for a child, spouse, or former spouse may initiate a 2,471
contempt action for failure to pay the support. In Title IV-D 2,472
cases, the contempt action for failure to pay support also may be 2,473
initiated by an attorney retained by the party who has the legal 2,474
claim, the prosecuting attorney, or an attorney of the department 2,475
of human services or the child support enforcement agency. 2,476
(2) Any person who is granted visitation rights under a 2,478
visitation order or decree issued pursuant to FORMER section 2,479
3109.051 OR 3109.12, OR SECTION 3109.59, 3109.11 3109.60, or 2,481
3109.12 3109.61 of the Revised Code or pursuant to any other 2,482
provision of the Revised Code, or any other person who is subject 2,483
to any visitation order or decree, may initiate a contempt action 2,484
for a failure to comply with, or an interference with, the order 2,485
or decree. 2,486
(C) In any contempt action initiated pursuant to division 2,488
(B) of this section, the accused shall appear upon the summons 2,489
and order to appear that is issued by the court. The summons 2,490
shall include all of the following: 2,491
(1) Notice that failure to appear may result in the 2,493
issuance of an order of arrest, and in cases involving alleged 2,494
failure to pay support, the issuance of an order for the payment 2,495
of support by withholding an amount from the personal earnings of 2,496
the accused or by withholding or deducting an amount from some 2,497
other asset of the accused; 2,498
(2) Notice that the accused has a right to counsel, and 2,500
that if the accused believes that he is indigent, the accused 2,501
must apply for a public defender or court appointed counsel 2,502
64
within three business days after receipt of the summons; 2,503
(3) Notice that the court may refuse to grant a 2,505
continuance at the time of the hearing for the purpose of the 2,506
accused obtaining counsel, if the accused fails to make a good 2,507
faith effort to retain counsel or to obtain a public defender; 2,508
(4) Notice of the potential penalties that could be 2,510
imposed upon the accused, if the accused is found guilty of 2,511
contempt for failure to pay support or for a failure to comply 2,512
with, or an interference with, a THE visitation order or decree. 2,513
(D) If the accused is served as required by the Rules of 2,515
Civil Procedure or by any special statutory proceedings that are 2,516
relevant to the case, the court may order the attachment of the 2,517
person of the accused upon failure to appear as ordered by the 2,518
court. 2,519
(E) The imposition of any penalty for contempt under 2,521
section 2705.05 of the Revised Code shall not eliminate any 2,522
obligation of the accused to pay any past, present, or future 2,523
support obligation or any obligation of the accused to comply 2,524
with or refrain from interfering with the visitation order or 2,525
decree. The court shall have jurisdiction to make a finding of 2,526
contempt for the failure to pay support and to impose the 2,527
penalties set forth in section 2705.05 of the Revised Code in all 2,528
cases in which past due support is at issue even if the duty to 2,529
pay support has terminated, and shall have jurisdiction to make a 2,530
finding of contempt for a failure to comply with, or an 2,531
interference with, a THE visitation order or decree and to impose 2,533
the penalties set forth in section 2705.05 of the Revised Code in 2,534
all cases in which the failure or interference is at issue even 2,535
if the visitation order or decree no longer is in effect. 2,536
Sec. 3101.01. Male persons of the age of eighteen years, 2,545
and female persons of the age of sixteen years, not nearer of kin 2,546
than second cousins, and not having a husband or wife living, may 2,547
be joined in marriage. A minor must first obtain the consent of 2,548
his THE MINOR'S parents, surviving parent, parent who is 2,549
65
designated the residential parent and legal custodian of the 2,550
child by a court of competent jurisdiction, the guardian of his 2,552
person GUARDIAN, or any one of the following who has been awarded 2,553
permanent custody of him THE MINOR by a court exercising juvenile 2,555
jurisdiction:
(A) An adult person; 2,557
(B) The department of human services or any child welfare 2,559
organization certified by such department; 2,560
(C) A county department of human services or a county 2,562
children services board. 2,563
A minor shall not be required to obtain the consent of a 2,565
parent who resides in a foreign country, has neglected or 2,566
abandoned such minor for a period of one year or longer 2,567
immediately preceding his THE application for a marriage license, 2,569
has been adjudged incompetent, is an inmate of a state mental or
correctional institution, has been permanently deprived of his 2,570
parental rights PARENTING FUNCTIONS and responsibilities for the 2,571
care of the child and the right to have the child live with him 2,572
THE PARENT and to be the legal custodian of the child by a court 2,573
exercising juvenile jurisdiction, or has been deprived of his 2,574
parental rights PARENTING FUNCTIONS and responsibilities for the 2,575
care of the child and the right to have the child live with him 2,576
THE PARENT and to be the legal custodian of the child by the 2,577
appointment of a guardian of the person of the minor by the 2,579
probate court or by any other court of competent jurisdiction. 2,580
Sec. 3105.21. (A) Upon satisfactory proof of the causes 2,589
in the complaint for divorce, annulment, or legal separation, the 2,590
court of common pleas shall make an order for the disposition, 2,591
care, and maintenance of the children of the marriage, as is in 2,592
their best interests, and in accordance with section 3109.04 2,593
SECTIONS 3109.40 TO 3109.62 of the Revised Code. 2,594
(B) Upon the failure of proof of the causes in the 2,596
complaint, the court may make the order for the disposition, 2,597
care, and maintenance of any dependent child of the marriage as 2,598
66
is in the child's best interest, and in accordance with section 2,599
3109.04 of the Revised Code. 2,600
(C) Each order for child support made or modified under 2,602
this section on or after December 31, 1993, shall include as part 2,603
of the order a general provision, as described in division (A)(1) 2,604
of section 3113.21 of the Revised Code, requiring the withholding 2,605
or deduction of wages or assets of the obligor under the order as 2,606
described in division (D) of section 3113.21 of the Revised Code, 2,607
or another type of appropriate requirement as described in 2,608
division (D)(6), (D)(7), or (H) of that section, to ensure that 2,609
withholding or deduction from the wages or assets of the obligor 2,610
is available from the commencement of the support order for 2,611
collection of the support and of any arrearages that occur; a 2,612
statement requiring all parties to the order to notify the child 2,613
support enforcement agency in writing of their current mailing 2,614
address, their current residence address, and any changes in 2,615
either address; and a notice that the requirement to notify the 2,616
agency of all changes in either address continues until further 2,617
notice from the court. Any court of common pleas that makes or 2,618
modifies an order for child support under this section on or 2,619
after April 12, 1990, shall comply with sections 3113.21 to 2,620
3113.219 of the Revised Code. If any person required to pay 2,621
child support under an order made under this section on or after 2,622
April 15, 1985, or modified on or after December 1, 1986, is 2,623
found in contempt of court for failure to make support payments 2,624
under the order, the court that makes the finding, in addition to 2,625
any other penalty or remedy imposed, shall assess all court costs 2,626
arising out of the contempt proceeding against the person and 2,627
require the person to pay any reasonable attorney's fees of any 2,628
adverse party, as determined by the court, that arose in relation 2,629
to the act of contempt. 2,630
(D) Notwithstanding section 3109.01 of the Revised Code, 2,632
if a court issues a child support order under this section, the 2,633
order shall remain in effect beyond the child's eighteenth 2,634
67
birthday as long as the child continuously attends on a full-time 2,635
basis any recognized and accredited high school. Any parent 2,636
ordered to pay support under a child support order issued under 2,637
this section shall continue to pay support under the order, 2,638
including during seasonal vacation periods, until the order 2,639
terminates. 2,640
Sec. 3105.63. (A)(1) A petition for dissolution of 2,649
marriage shall be signed by both spouses and shall have attached 2,650
and incorporated a separation agreement agreed to by both 2,651
spouses. The separation agreement shall provide for a division 2,652
of all property; spousal support; if there are minor children of 2,653
the marriage, the allocation of parental rights PARENTING 2,654
FUNCTIONS and responsibilities for the care of the minor 2,655
children, the designation of a residential parent and legal 2,656
custodian of the minor children PURSUANT TO SECTIONS 3109.40 TO 2,657
3109.62 OF THE REVISED CODE, AND child support, and visitation 2,658
rights; and, if the spouses so desire, an authorization for the 2,659
court to modify the amount or terms of spousal support provided 2,660
in the separation agreement. If there are minor children of the 2,661
marriage, the spouses may address the allocation of the parental 2,662
rights and responsibilities for the care of the minor children by 2,663
including in the separation agreement a plan under which both 2,664
parents will have shared rights and responsibilities for the care 2,665
of the minor children. The spouses shall file the plan with the 2,666
petition for dissolution of marriage and shall include in the 2,667
plan the provisions described in division (G) of section 3109.04 2,668
of the Revised Code. 2,669
(2) The division of property in the separation agreement 2,671
shall include any participant account, as defined in section 2,672
145.71 of the Revised Code, of either of the spouses, to the 2,673
extent of the following: 2,674
(a) The moneys that have been deferred by a continuing 2,676
member or participating employee, as defined in that section, and 2,677
that have been transmitted to the Ohio public employees deferred 2,678
68
compensation board during the marriage and any income that is 2,679
derived from the investment of those moneys during the marriage; 2,680
(b) The moneys that have been deferred by an officer or 2,682
employee of a municipal corporation and that have been 2,683
transmitted to the governing board, administrator, depository, or 2,684
trustee of the deferred compensation program of the municipal 2,685
corporation during the marriage and any income that is derived 2,686
from the investment of those moneys during the marriage; 2,687
(c) The moneys that have been deferred by an officer or 2,689
employee of a government unit, as defined in section 145.74 of 2,690
the Revised Code, and that have been transmitted to the governing 2,691
board, as defined in that section, during the marriage and any 2,692
income that is derived from the investment of those moneys during 2,693
the marriage. 2,694
(3) The separation agreement shall not require or permit 2,696
the division or disbursement of the moneys and income described 2,697
in division (A)(2) of this section to occur in a manner that is 2,698
inconsistent with the law, rules, or plan governing the deferred 2,699
compensation program involved or prior to the time that the 2,700
spouse in whose name the participant account is maintained 2,701
commences receipt of the moneys and income credited to the 2,702
account in accordance with that law, rules, and plan. 2,703
(B) An amended separation agreement may be filed at any 2,705
time prior to or during the hearing on the petition for 2,706
dissolution of marriage. Upon receipt of a petition for 2,707
dissolution of marriage, the court may cause an investigation to 2,708
be made pursuant to the Rules of Civil Procedure. 2,709
(C) If a petition for dissolution of marriage contains an 2,711
authorization for the court to modify the amount or terms of 2,712
spousal support provided in the separation agreement, the 2,713
modification shall be in accordance with section 3105.18 of the 2,714
Revised Code. 2,715
Sec. 3105.65. (A) If, at the time of the hearing, either 2,724
spouse is not satisfied with the separation agreement or does not 2,725
69
wish a dissolution of the marriage and if neither spouse files a 2,726
motion pursuant to division (C) of this section to convert the 2,727
action to an action for divorce, the court shall dismiss the 2,728
petition and refuse to validate the proposed separation 2,729
agreement. 2,730
(B) If, upon review of the testimony of both spouses and 2,732
of the report of the investigator pursuant to the Rules of Civil 2,733
Procedure, the court approves the separation agreement and any 2,734
amendments to it agreed upon by the parties, it shall grant a 2,735
decree of dissolution of marriage that incorporates the 2,736
separation agreement. If the separation agreement contains a 2,737
plan for the exercise of shared parenting by the spouses, the THE 2,738
court shall review the PARENTING plan INCLUDED IN THE SEPARATION 2,739
AGREEMENT in accordance with the provisions of division (D)(1) of 2,740
section 3109.04 SECTIONS 3109.40 TO 3109.62 of the Revised Code 2,742
that govern the review of a pleading or motion requesting shared
parenting jointly submitted by both spouses to a marriage PLANS. 2,743
A decree of dissolution of marriage has the same effect upon the 2,744
property rights of the parties, including rights of dower and 2,745
inheritance, as a decree of divorce. The court has full power to 2,746
enforce its decree and retains jurisdiction to modify all matters 2,747
pertaining to the allocation of parental rights PARENTING 2,748
FUNCTIONS and responsibilities for the care of the children, to 2,749
the designation of a residential parent and legal custodian of 2,750
the children, to child support, and to visitation UNDER A 2,751
VISITATION ORDER ISSUED UNDER FORMER SECTION 3109.051 OF THE 2,752
REVISED CODE. The court, only in accordance with division (E)(2) 2,753
of section 3105.18 of the Revised Code, may modify the amount or 2,754
terms of spousal support.
(C) At any time before a decree of dissolution of marriage 2,756
has been granted under division (B) of this section, either 2,757
spouse may convert the action for dissolution of marriage into a 2,758
divorce action by filing a motion with the court in which the 2,759
action for dissolution of marriage is pending for conversion of 2,760
70
the action for dissolution of marriage. The motion shall contain 2,761
a complaint for divorce that contains grounds for a divorce and 2,762
that otherwise complies with the Rules of Civil Procedure and 2,763
this chapter. The divorce action then shall proceed in 2,764
accordance with the Rules of Civil Procedure in the same manner 2,765
as if the motion had been the original complaint in the action, 2,766
including, but not limited to, the issuance and service of 2,767
summons pursuant to Civil Rules 4 to 4.6, except that no court 2,768
fees shall be charged upon conversion of the action for 2,769
dissolution of marriage into a divorce action under this 2,770
division. 2,771
Sec. 3107.15. (A) A final decree of adoption and an 2,780
interlocutory order of adoption that has become final as issued 2,781
by a court of this state, or a decree issued by a jurisdiction 2,782
outside this state as recognized pursuant to section 3107.18 of 2,783
the Revised Code, shall have the following effects as to all 2,784
matters within the jurisdiction or before a court of this state, 2,785
whether issued before or after the effective date of this 2,786
amendment MAY 30, 1996: 2,787
(1) Except with respect to a spouse of the petitioner and 2,789
relatives of the spouse, to relieve the biological or other legal 2,790
parents of the adopted person of all parental rights PARENTING 2,791
FUNCTIONS and responsibilities, and to terminate all legal 2,792
relationships between the adopted person and the adopted person's 2,793
relatives, including the adopted person's biological or other 2,794
legal parents, so that the adopted person thereafter is a 2,795
stranger to the adopted person's former relatives for all 2,796
purposes including inheritance and the interpretation or 2,797
construction of documents, statutes, and instruments, whether 2,798
executed before or after the adoption is decreed, which do not 2,799
expressly include the person by name or by some designation not 2,800
based on a parent and child or blood relationship; 2,801
(2) To create the relationship of parent and child between 2,803
petitioner and the adopted person, as if the adopted person were 2,804
71
a legitimate blood descendant of the petitioner, for all purposes 2,805
including inheritance and applicability of statutes, documents, 2,806
and instruments, whether executed before or after the adoption is 2,807
decreed, and whether executed or created before or after the 2,808
effective date of this amendment MAY 30, 1996, which do not 2,809
expressly exclude an adopted person from their operation or 2,811
effect.
(B) Notwithstanding division (A) of this section, if a 2,813
parent of a child dies without the relationship of parent and 2,814
child having been previously terminated and a spouse of the 2,815
living parent thereafter adopts the child, the child's rights 2,816
from or through the deceased parent for all purposes, including 2,817
inheritance and applicability or construction of documents, 2,818
statutes, and instruments, are not restricted or curtailed by the 2,819
adoption. 2,820
(C) An interlocutory order of adoption, while it is in 2,822
force, has the same legal effect as a final decree of adoption. 2,823
If an interlocutory order of adoption is vacated, it shall be as 2,824
though void from its issuance, and the rights, liabilities, and 2,825
status of all affected persons that have not become vested are 2,826
governed accordingly. 2,827
Sec. 3109.05. (A)(1) In a divorce, dissolution of 2,836
marriage, legal separation, or child support proceeding, the 2,837
court may order either or both parents to support or help support 2,838
their children, without regard to marital misconduct. In 2,839
determining the amount reasonable or necessary for child support, 2,840
including the medical needs of the child, the court shall comply 2,841
with sections 3113.21 to 3113.219 of the Revised Code. 2,842
(2) The court, in accordance with sections 3113.21 and 2,844
3113.217 of the Revised Code, shall include in each support order 2,845
made under this section the requirement that one or both of the 2,846
parents provide for the health care needs of the child to the 2,847
satisfaction of the court, and the court shall include in the 2,848
support order a requirement that all support payments be made 2,849
72
through the child support enforcement agency. 2,850
(3) Each order for child support made or modified under 2,852
this section on or after December 31, 1993, shall include as part 2,853
of the order a general provision, as described in division (A)(1) 2,854
of section 3113.21 of the Revised Code, requiring the withholding 2,855
or deduction of wages or assets of the obligor under the order as 2,856
described in division (D) or (H) of section 3113.21 of the 2,857
Revised Code, or another type of appropriate requirement as 2,858
described in division (D)(6), (D)(7), or (H) of that section, to 2,859
ensure that withholding or deduction from the wages or assets of 2,860
the obligor is available from the commencement of the support 2,861
order for collection of the support and of any arrearages that 2,862
occur; a statement requiring both parents to notify the child 2,863
support enforcement agency in writing of their current mailing 2,864
address; their current residence address, and any changes in 2,865
either address, and a notice that the requirement to notify the 2,866
agency of all changes in either address continues until further 2,867
notice from the court. The court shall comply with sections 2,868
3113.21 to 3113.219 of the Revised Code when it makes or modifies 2,869
an order for child support under this section. 2,870
(B) The juvenile court has exclusive jurisdiction to enter 2,872
the orders in any case certified to it from another court. 2,873
(C) If any person required to pay child support under an 2,875
order made under division (A) of this section on or after April 2,876
15, 1985, or modified on or after December 1, 1986, is found in 2,877
contempt of court for failure to make support payments under the 2,878
order, the court that makes the finding, in addition to any other 2,879
penalty or remedy imposed, shall assess all court costs arising 2,880
out of the contempt proceeding against the person and require the 2,881
person to pay any reasonable attorney's fees of any adverse 2,882
party, as determined by the court, that arose in relation to the 2,883
act of contempt and, on or after July 1, 1992, shall assess 2,884
interest on any unpaid amount of child support pursuant to 2,885
section 3113.219 of the Revised Code. 2,886
73
(D) The court shall not authorize or permit the escrowing, 2,888
impoundment, or withholding of any child support payment ordered 2,889
under this section or any other section of the Revised Code 2,890
because of a denial of or interference with a right of 2,891
companionship or visitation granted in an order issued under this 2,892
FORMER section 3109.051 OR 3109.12, section 3109.051 3109.59, 2,894
3109.11 3109.60, 3109.12 3109.61, or any other section of the 2,896
Revised Code, or as a method of enforcing the specific provisions 2,897
of any such order dealing with visitation.
(E) Notwithstanding section 3109.01 of the Revised Code, 2,899
if a court issues a child support order under this section, the 2,900
order shall remain in effect beyond the child's eighteenth 2,901
birthday as long as the child continuously attends on a full-time 2,902
basis any recognized and accredited high school. Any parent 2,903
ordered to pay support under a child support order issued under 2,904
this section shall continue to pay support under the order, 2,905
including during seasonal vacation periods, until the order 2,906
terminates. 2,907
Sec. 3109.09. (A) As used in this section, "parent" means 2,916
one of the following: 2,917
(1) Both parents unless division (A)(2) or (3) of this 2,919
section applies; 2,920
(2) The parent designated the residential parent and legal 2,922
custodian pursuant to an order issued under FORMER section 2,924
3109.04 of the Revised Code that is not a shared parenting order; 2,925
(3) The custodial parent of a child born out of wedlock 2,927
with respect to whom no custody order has been issued. 2,928
(B) Any owner of property, including any board of 2,931
education of a city, local, exempted village, or joint vocational 2,932
school district, may maintain a civil action to recover 2,933
compensatory damages not exceeding ten thousand dollars and court 2,934
costs from the parent of a minor if the minor willfully damages 2,935
property belonging to the owner or commits acts cognizable as a 2,937
"theft offense," as defined in section 2913.01 of the Revised
74
Code, involving the property of the owner. The action may be 2,938
joined with an action under Chapter 2737. of the Revised Code 2,939
against the minor, or the minor and the minor's parent, to 2,941
recover the property regardless of value, but any additional 2,943
damages recovered from the parent pursuant to this section shall 2,944
be limited to compensatory damages not exceeding ten thousand 2,946
dollars, as authorized by this section. A finding of willful 2,947
destruction of property or of committing acts cognizable as a 2,948
theft offense is not dependent upon a prior finding that the 2,949
child is a delinquent child or upon the child's conviction of any 2,951
criminal offense.
(C)(1) If a court renders a judgment in favor of a board 2,953
of education of a city, local, exempted village, or joint 2,954
vocational school district in an action brought pursuant to 2,955
division (B) of this section, if the board of education agrees to 2,957
the parent's performance of community service in lieu of full 2,960
payment of the judgment, and if the parent who is responsible for 2,962
the payment of the judgment agrees to voluntarily participate in 2,964
the performance of community service in lieu of full payment of 2,965
the judgment, the court may order the parent to perform community 2,966
service in lieu of providing full payment of the judgment. 2,968
(2) If a court, pursuant to division (C)(1) of this 2,970
section, orders a parent to perform community service in lieu of 2,972
providing full payment of a judgment, the court shall specify in 2,973
its order the amount of the judgment, if any, to be paid by the 2,974
parent, the type and number of hours of community service to be 2,976
performed by the parent, and any other conditions necessary to 2,978
carry out the order. 2,979
(D) This section shall not apply to a parent of a minor if 2,982
the minor was married at the time of the commission of the acts 2,984
or violations that would otherwise give rise to a civil action 2,985
commenced under this section. 2,986
(E) Any action brought pursuant to this section shall be 2,988
commenced and heard as in other civil actions. 2,989
75
(F) The monetary limitation upon compensatory damages set 2,991
forth in this section does not apply to a civil action brought 2,992
pursuant to section 2307.70 of the Revised Code. 2,993
Sec. 3109.21. As used in sections 3109.21 to 3109.37 of 3,002
the Revised Code: 3,003
(A) "Contestant" means a parent of a child who claims a 3,005
right to be the residential parent and legal custodian of the 3,006
child or claims visitation rights PURSUANT TO AN ORDER ISSUED 3,007
UNDER FORMER SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR 3,008
AN ORDER ISSUED BY A COURT IN ANOTHER STATE with respect to the 3,009
child, or a person, other than a parent of a child, who claims a 3,010
right to custody or visitation rights with respect to the child. 3,011
(B) "Parenting determination" means a court decision and 3,013
court orders and instructions that, in relation to the parents of 3,014
a child, allocates parental rights PARENTING FUNCTIONS and 3,015
responsibilities for the care of the child, including any 3,016
designation of visitation rights PURSUANT TO AN ORDER ISSUED 3,018
UNDER FORMER SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR 3,019
AN ORDER ISSUED BY A COURT IN ANOTHER STATE, and designates a
residential parent and legal custodian of the child or that, in 3,021
relation to any other person, provides for the custody of a 3,022
child, including visitation rights. It does not include a 3,023
decision relating to child support or any other monetary 3,024
obligation of any person.
(C) "Parenting proceeding" includes proceedings in which a 3,026
parenting determination is one of several issues, such as an 3,027
action for divorce or separation, and includes child neglect and 3,028
dependency proceedings. 3,029
(D) "Decree" or "parenting decree" means a parenting 3,031
determination contained in a judicial decree or order made in a 3,032
parenting proceeding, and includes an initial decree and a 3,033
modification decree. 3,034
(E) "Home state" means the state in which the child, 3,036
immediately preceding the time involved, lived with his THE 3,037
76
CHILD'S parents, a parent, or a person acting as parent, for at 3,038
least six consecutive months, and in the case of a child less 3,039
than six months old the state in which the child lived from birth 3,040
with any of the persons mentioned. Periods of temporary absence 3,041
of any of the named persons are counted as part of the six-month 3,042
or other period. 3,043
(F) "Initial decree" means the first parenting decree 3,045
concerning a particular child. 3,046
(G) "Modification decree" means a parenting decree that 3,048
modifies or replaces a prior decree, whether made by the court 3,049
that rendered the prior decree or by another court. 3,050
(H) "Physical custody" means actual possession and control 3,052
of a child. 3,053
(I) "Person acting as parent" means a person, other than a 3,055
parent, who has physical custody of a child and who either has 3,056
been awarded custody by a court or claims a right to custody. 3,057
Sec. 3109.27. (A) Each party in a parenting proceeding, 3,066
in the party's first pleading or in an affidavit attached to that 3,067
pleading, shall give information under oath as to the child's 3,068
present address, the places where the child has lived within the 3,069
last five years, and the name and present address of each person 3,070
with whom the child has lived during that period. In this 3,071
pleading or affidavit, each party also shall include all of the 3,072
following information: 3,073
(1) Whether the party has participated as a party, a 3,075
witness, or in any other capacity in any other litigation, in 3,076
this or any other state, that concerned the allocation, between 3,077
the parents of the same child, of parental rights PARENTING 3,078
FUNCTIONS and responsibilities for the care of the child and the 3,079
designation of the residential parent and legal custodian of the 3,081
child or that otherwise concerned the custody of the same child; 3,082
(2) Whether the party has information of any parenting 3,084
proceeding concerning the child pending in a court of this or any 3,085
other state; 3,086
77
(3) Whether the party knows of any person who is not a 3,088
party to the proceeding and has physical custody of the child or 3,089
claims to be a parent of the child who is designated the 3,090
residential parent and legal custodian of the child or to have 3,091
visitation rights PURSUANT TO AN ORDER ISSUED UNDER FORMER 3,092
SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR AN ORDER 3,093
ISSUED BY A COURT IN ANOTHER STATE with respect to the child or 3,094
to be a person other than a parent of the child who has custody 3,095
or visitation rights with respect to the child; 3,096
(4) Whether the party previously has been convicted of or 3,098
pleaded guilty to any criminal offense involving any act that 3,099
resulted in a child being an abused child or a neglected child or 3,100
previously has been determined, in a case in which a child has 3,101
been adjudicated an abused child or a neglected child, to be the 3,102
perpetrator of the abusive or neglectful act that was the basis 3,103
of the adjudication. 3,104
(B) If the declaration under division (A)(1), (2), (3), or 3,106
(4) of this section is in the affirmative, the court may require 3,107
the declarant to give additional information under oath. The 3,108
court may examine the parties under oath as to details of the 3,109
information furnished and as to other matters pertinent to the 3,110
court's jurisdiction and the disposition of the case. 3,111
(C) Each party has a continuing duty to inform the court 3,113
of any parenting proceeding concerning the child in this or any 3,114
other state of which the party obtained information during this 3,115
proceeding. 3,116
(D) A public children services agency, acting pursuant to 3,118
a complaint or an action on a complaint filed under section 3,120
2151.27 of the Revised Code, is not subject to the requirements 3,122
of this section.
(E) As used in this section, "abused child" has the same 3,124
meaning as in section 2151.031 of the Revised Code, and 3,125
"neglected child" has the same meaning as in section 2151.03 of 3,126
the Revised Code. 3,127
78
Sec. 3109.28. If the court learns from information 3,137
furnished by the parties pursuant to section 3109.27 of the 3,138
Revised Code or from other sources that a person not a party to 3,139
the parenting proceeding has physical custody of the child, 3,140
claims to be a parent of the child who has parental rights
PARENTING FUNCTIONS and responsibilities for the care of the 3,142
child and who has been designated the residential parent and 3,143
legal custodian of the child, claims to be any other person with 3,144
custody of the child, or claims to have visitation rights with
respect to the child, it shall order that person to be joined as 3,145
a party and to be duly notified of the pendency of the proceeding 3,147
and of his THE PERSON'S joinder as a party. If the person joined 3,148
as a party is outside this state he THE PERSON shall be served 3,149
with process or otherwise notified in accordance with division 3,150
(B) of section 3109.23 of the Revised Code.
Sec. 3109.34. (A) A court of this state may request the 3,159
appropriate court of another state to hold a hearing to adduce 3,160
evidence, to order a party to produce or give evidence under 3,161
other procedures of that state, or to have social studies made 3,162
with respect to the allocation of parental rights PARENTING 3,163
FUNCTIONS and responsibilities for the care of a child involved 3,164
in parenting proceedings pending in the court of this state, with 3,166
respect to the designation of a parent as the residential parent 3,167
and legal custodian of the child, and with respect to the custody 3,168
of the child in any other person, and to forward to the court of 3,169
this state certified copies of the transcript of the record of 3,170
the hearing, the evidence otherwise adduced, or any social 3,171
studies prepared in compliance with the request. The cost of the 3,172
services may be assessed against the parties or, if necessary, 3,173
paid from the county treasury and taxed as costs in the case. 3,174
(B) A court of this state may request the appropriate 3,176
court of another state to order a party to parenting proceedings 3,177
pending in the court of this state to appear in the proceedings, 3,178
and if that party has physical custody of the child, to appear 3,179
79
with the child. The request may state that travel and other 3,180
necessary expenses of the party and of the child whose appearance 3,181
is desired will be assessed against another party or will 3,182
otherwise be paid. 3,183
In addition to other procedural devices available to a 3,185
party, any party to a parenting proceeding or a guardian ad litem 3,186
or other representative of the child may adduce testimony of 3,187
witnesses, including parties and the child, by deposition or 3,188
otherwise, in another state. The court on its own motion may 3,189
direct that the testimony of a person be taken in another state 3,190
and may prescribe the manner in which and the terms upon which 3,191
the testimony shall be taken. 3,192
Sec. 3109.40. (A) AS USED IN SECTIONS 3109.40 TO 3109.62 3,195
OF THE REVISED CODE: 3,197
(1) "PARENTING FUNCTIONS AND RESPONSIBILITIES" INCLUDES 3,199
THE FOLLOWING: 3,200
(a) PROVIDING FOR THE PHYSICAL AND EMOTIONAL SAFETY AND 3,203
WELL-BEING OF THE CHILD CONSISTENT WITH THE CHILD'S DEVELOPMENTAL 3,204
LEVEL AND THE PARENT'S SOCIAL AND ECONOMIC CIRCUMSTANCES; 3,205
(b) MAINTAINING A LOVING, STABLE, CONSISTENT, AND 3,207
NURTURING RELATIONSHIP WITH THE CHILD; 3,208
(c) RESPONSIBLY ATTENDING TO THE NEEDS OF THE CHILD FOR 3,211
DISCIPLINE, SUPPORT, HEALTH, PERSONAL CARE, GROOMING, AND 3,212
SUPERVISION;
(d) RESPONSIBLY ATTENDING TO THE CHILD'S NEED TO ENGAGE IN 3,215
ACTIVITIES APPROPRIATE TO THE CHILD'S DEVELOPMENTAL LEVEL AND THE 3,216
PARENT'S SOCIAL AND ECONOMIC CIRCUMSTANCES; 3,217
(e) AIDING THE CHILD'S EDUCATIONAL DEVELOPMENT; 3,220
(f) ASSISTING THE CHILD IN DEVELOPING APPROPRIATE 3,222
INTERPERSONAL RELATIONSHIPS; 3,223
(g) EXERCISING APPROPRIATE JUDGMENT REGARDING THE CHILD'S 3,226
WELFARE, CONSISTENT WITH THE CHILD'S DEVELOPMENTAL LEVEL AND THE 3,227
PARENT'S SOCIAL AND ECONOMIC CIRCUMSTANCES.
(2) "EVALUATOR" MEANS A PERSON APPOINTED BY A COURT 3,229
80
PURSUANT TO SECTION 3109.48 OF THE REVISED CODE. 3,230
(3) "FAMILY FILE" MEANS A SEPARATE FILE MAINTAINED BY THE 3,233
COURT REGARDING ANY FAMILY WHOSE MEMBERS ARE PARTIES TO A CASE 3,234
INVOLVING THE ALLOCATION OF PARENTING FUNCTIONS AND 3,235
RESPONSIBILITIES. A FAMILY FILE MAY INCLUDE THE FAMILY'S 3,236
HISTORY, THE COURT-APPOINTED EVALUATOR'S REPORT AND WORK NOTES 3,237
FROM INTERVIEWS, PSYCHOLOGICAL OR PSYCHIATRIC EVALUATIONS, 3,238
SUBSTANCE ABUSE EVALUATIONS OR TESTS, SCHOOL RECORDS, HEALTH 3,239
RECORDS, RESULTS OF INQUIRIES MADE PURSUANT TO SECTION 3109.48 OF 3,240
THE REVISED CODE, AND OTHER MATERIAL RELEVANT TO THE BEST 3,241
INTERESTS OF A CHILD. A FAMILY FILE IS NOT A PUBLIC RECORD 3,242
PURSUANT TO SECTION 149.43 OF THE REVISED CODE. 3,243
(4) "INTERIM PARENTING ORDER" MEANS AN ORDER ISSUED 3,245
PURSUANT TO SECTION 3109.43 OF THE REVISED CODE. 3,246
(5) "MEDIATION ASSESSMENT" MEANS THE ASSESSMENT THAT MAY 3,248
BE REQUIRED UNDER SECTION 3109.55 OF THE REVISED CODE. 3,249
(6) "MEDIATION PROCESS" MEANS THE PROCESS THAT MAY BE 3,251
ESTABLISHED PURSUANT TO SECTION 3109.55 OF THE REVISED CODE. 3,252
(7) "PARENTING PLAN" MEANS A PLAN REQUIRED TO BE FILED 3,254
WITH THE COURT UNDER SECTION 3109.42 OF THE REVISED CODE. 3,255
(B) FOR PURPOSES OF THE REVISED CODE: 3,258
(1) A PARENT WHO IS GRANTED THE CARE, CUSTODY, AND CONTROL 3,261
OF A CHILD UNDER AN ORDER ISSUED PURSUANT TO FORMER SECTION 3,262
3109.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO APRIL 11, 3,265
1991, THAT IS NOT A SHARED PARENTING ORDER HAS "CUSTODY OF THE 3,266
CHILD" AND "CARE, CUSTODY, AND CONTROL" OF THE CHILD UNDER THE 3,267
ORDER, IS THE "RESIDENTIAL PARENT," THE "RESIDENTIAL PARENT AND 3,268
LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER 3,269
THE ORDER, AND IS THE "RESIDENTIAL PARENT FOR PURPOSES OF 3,270
RECEIVING CHILD SUPPORT" UNDER THE ORDER.
(2) A PARENT WHO IS PRIMARILY ALLOCATED THE PARENTAL 3,272
RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD AND IS 3,273
DESIGNATED AS THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE 3,274
CHILD UNDER AN ORDER ISSUED PURSUANT TO FORMER SECTION 3109.04 OF 3,276
81
THE REVISED CODE ON OR AFTER APRIL 11, 1991, THAT IS NOT A SHARED 3,278
PARENTING ORDER HAS "CUSTODY OF THE CHILD" AND "CARE, CUSTODY, 3,279
AND CONTROL OF THE CHILD" UNDER THE ORDER, IS THE "RESIDENTIAL 3,280
PARENT," THE "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE 3,281
"CUSTODIAL PARENT" OF THE CHILD UNDER THE ORDER, AND IS THE 3,282
"RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" 3,283
UNDER THE ORDER.
(3) A PARENT WHO, UNDER AN ORDER ISSUED PURSUANT TO FORMER 3,286
SECTION 3109.04 OF THE REVISED CODE PRIOR TO APRIL 11, 1991, THAT 3,289
IS NOT A SHARED PARENTING ORDER, IS NOT GRANTED CUSTODY OF A
CHILD, IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT," THE 3,291
"PARENT WHO IS NOT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN," 3,292
OR THE "NONCUSTODIAL PARENT," OF THE CHILD UNDER THE ORDER, OR IS 3,293
THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR PURPOSES OF 3,294
RECEIVING CHILD SUPPORT" OF THE CHILD UNDER THE ORDER. 3,295
(4) A PARENT WHO, UNDER AN ORDER ISSUED PURSUANT TO FORMER 3,298
SECTION 3109.04 OF THE REVISED CODE ON OR AFTER APRIL 11, 1991, 3,301
THAT IS NOT A SHARED PARENTING ORDER, IS NOT PRIMARILY ALLOCATED 3,302
THE PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD 3,303
AND IS NOT DESIGNATED AS THE RESIDENTIAL PARENT AND LEGAL 3,304
CUSTODIAN OF THE CHILD, IS THE "PARENT WHO IS NOT THE RESIDENTIAL 3,307
PARENT," THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT AND LEGAL 3,308
CUSTODIAN," OR THE "NONCUSTODIAL PARENT," OF THE CHILD UNDER THE 3,309
ORDER, OR IS THE "PARENT WHO IS NOT THE RESIDENTIAL PARENT FOR 3,310
PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER. 3,311
(5) UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE, IF A 3,313
SHARED PARENTING ORDER HAS BEEN ISSUED, BOTH PARENTS HAVE 3,314
"CUSTODY OF THE CHILD" OR "CARE, CUSTODY, AND CONTROL OF THE 3,315
CHILD" UNDER THE ORDER, TO THE EXTENT AND IN THE MANNER SPECIFIED 3,317
IN THE ORDER.
(6) UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE AND 3,319
EXCEPT AS OTHERWISE PROVIDED IN THE ORDER, IF A SHARED PARENTING 3,320
ORDER HAS BEEN ISSUED, EACH PARENT, REGARDLESS OF WHERE THE CHILD 3,322
IS PHYSICALLY LOCATED OR WITH WHOM THE CHILD IS RESIDING AT A 3,323
82
PARTICULAR TIME, AS SPECIFIED IN THE ORDER, IS THE "RESIDENTIAL 3,324
PARENT," THE "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," OR THE 3,325
"CUSTODIAL PARENT" OF THE CHILD.
(7) IF A SHARED PARENTING ORDER HAS BEEN ISSUED, THE 3,327
PARENT TO WHOM CHILD SUPPORT IS REQUIRED TO BE PAID UNDER THE 3,329
ORDER IS THE "RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD 3,330
SUPPORT" UNDER THE ORDER. THE PARENT REQUIRED TO PAY CHILD 3,331
SUPPORT UNDER THE ORDER IS THE "PARENT WHO IS NOT THE RESIDENTIAL 3,332
PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" UNDER THE ORDER. 3,333
THE DESIGNATION MADE IN DIVISION (B)(7) OF THIS SECTION OF ONE 3,335
PARENT AS THE "RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD 3,336
SUPPORT" AND THE OTHER PARENT AS THE "PARENT WHO IS NOT THE 3,337
RESIDENTIAL PARENT FOR PURPOSES OF RECEIVING CHILD SUPPORT" DOES 3,338
NOT AFFECT THE DESIGNATION IN DIVISION (B)(6) OF THIS SECTION OF 3,339
EACH PARENT AS THE "RESIDENTIAL PARENT," "RESIDENTIAL PARENT AND 3,340
LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER 3,341
THE ORDER. 3,342
(8) UNLESS THE CONTEXT CLEARLY REQUIRES OTHERWISE AND 3,344
EXCEPT AS OTHERWISE PROVIDED IN THE ORDER, A DESIGNATION IN THE 3,345
ORDER OF A PARENT AS THE RESIDENTIAL PARENT FOR THE PURPOSE OF 3,346
DETERMINING THE SCHOOL THE CHILD ATTENDS, A PARENT AS THE 3,347
CUSTODIAL PARENT FOR PURPOSES OF CLAIMING THE CHILD AS A 3,348
DEPENDENT PURSUANT TO SECTION 152(e) OF THE "INTERNAL REVENUE 3,352
CODE OF 1986," 100 STAT. 2085, 26 U.S.C.A. 1, AS AMENDED, OR ONE 3,355
OF THE PARENTS' RESIDENCES AS THE CHILD'S HOME FOR PURPOSES OF 3,356
RECEIVING PUBLIC ASSISTANCE, DOES NOT AFFECT THE DESIGNATION 3,357
PURSUANT TO DIVISION (B)(6) OF THIS SECTION OF EACH PARENT AS THE 3,359
"RESIDENTIAL PARENT," "RESIDENTIAL PARENT AND LEGAL CUSTODIAN," 3,360
OR THE "CUSTODIAL PARENT" OF THE CHILD UNDER THE ORDER. 3,361
(9) THE FOLLOWING DESIGNATIONS IN A PARENTING DECREE 3,363
ISSUED PURSUANT TO DIVISION (A)(1) OR (2) OF SECTION 3109.49 OF 3,366
THE REVISED CODE OR INTERIM PARENTING ORDER DO NOT AFFECT THE 3,367
DESIGNATION REQUIRED UNDER SECTION 3109.44 OF THE REVISED CODE OF 3,369
EACH PARENT AS THE "RESIDENTIAL PARENT," THE "RESIDENTIAL PARENT 3,370
83
AND LEGAL CUSTODIAN," OR THE "CUSTODIAL PARENT" OF THE CHILD: 3,371
(a) DESIGNATION OF A PARENT AS THE RESIDENTIAL PARENT FOR 3,374
THE PURPOSE OF DETERMINING THE SCHOOL THE CHILD ATTENDS; 3,375
(b) DESIGNATION OF A PARENT AS THE CUSTODIAL PARENT FOR 3,378
PURPOSES OF CLAIMING THE CHILD AS A DEPENDENT PURSUANT TO SECTION 3,379
151 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 2085, 26 3,384
U.S.C.A. 1, AS AMENDED; 3,385
(c) DESIGNATION OF ONE OF THE PARENTS' RESIDENCES AS THE 3,388
CHILD'S HOME FOR PURPOSES OF RECEIVING PUBLIC ASSISTANCE; 3,389
(d) DESIGNATION OF A PARENT AS RESIDENTIAL PARENT FOR 3,392
PURPOSES OF RECEIVING CHILD SUPPORT;
(e) DESIGNATION OF A PARENT AS THE RESIDENTIAL PARENT FOR 3,395
ANY OTHER PURPOSE, INCLUDING THE ENFORCEMENT OF AN INTERNATIONAL 3,396
TREATY AND STATE AND FEDERAL CRIMINAL LAWS; 3,397
(f) DESIGNATION OF THE PARENT RESPONSIBLE FOR THE 3,399
PROVISION OF HEALTH, DENTAL, AND VISION INSURANCE FOR THE CHILD. 3,401
(10) "SHARED PARENTING ORDER" MEANS AN ORDER ISSUED UNDER 3,403
FORMER SECTION 3109.04 OF THE REVISED CODE THAT ALLOCATES TO BOTH 3,406
PARENTS THE PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF 3,408
THE CHILD AND REQUIRES THEM TO SHARE ALL OR SOME OF THE PHYSICAL 3,409
AND LEGAL CARE OF THE CHILD. "SHARED PARENTING ORDER" INCLUDES 3,410
AN ORDER ISSUED UNDER FORMER SECTION 3109.04 OF THE REVISED CODE
AS IT EXISTED PRIOR TO APRIL 11, 1991, THAT GRANTS JOINT CUSTODY, 3,412
CARE, AND CONTROL OF A CHILD. 3,413
Sec. 3109.401. (A) THE GENERAL ASSEMBLY FINDS THE 3,416
FOLLOWING:
(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF 3,418
FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE 3,419
RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED 3,420
UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS; 3,421
(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE DECISIONS 3,424
AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR THE CARE AND 3,425
GROWTH OF THEIR CHILDREN;
(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS 3,427
84
AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, 3,428
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING 3,430
ADDRESSING THE ALLOCATION OF PARENTAL FUNCTIONS AND
RESPONSIBILITIES, MUST DETERMINE THE CHILD'S BEST INTERESTS; 3,432
(4) THAT THE COURTS AND PARENTS MUST TAKE INTO 3,434
CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING 3,435
PARENTING FUNCTIONS AND RESPONSIBILITIES AND DEVELOPING 3,436
APPROPRIATE TERMS FOR PARENTING PLANS: 3,437
(a) CHILDREN ARE SERVED BY A PARENTING ARRANGEMENT THAT 3,440
BEST PROVIDES FOR A CHILD'S SAFETY, EMOTIONAL GROWTH, HEALTH, 3,441
STABILITY, AND PHYSICAL CARE;
(b) EXPOSURE OF THE CHILD TO HARMFUL PARENTAL CONFLICT 3,444
SHOULD BE MINIMIZED AS MUCH AS POSSIBLE; 3,445
(c) WHENEVER APPROPRIATE, PARENTS SHOULD BE ENCOURAGED TO 3,448
MEET THEIR RESPONSIBILITIES TO THEIR CHILDREN THROUGH AGREEMENTS 3,449
RATHER THAN BY RELYING ON JUDICIAL INTERVENTION; 3,450
(d) WHEN A PARENTING PLAN PROVIDES FOR MUTUAL 3,453
DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT THEY ARE UNABLE 3,454
TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A GOOD FAITH EFFORT 3,455
TO UTILIZE THE MEDIATION PROCESS, AS REQUIRED BY THE PARENTING 3,456
PLAN;
(e) IN APPORTIONING BETWEEN THE PARENTS THE DAILY PHYSICAL 3,459
LIVING ARRANGEMENTS OF THE CHILD AND THE CHILD'S LOCATION DURING 3,460
LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL 3,461
IMPORTANCE, A COURT MAY NOT ADOPT, PROMULGATE, OR APPLY ANY TYPE 3,462
OF STANDARD SCHEDULE. 3,463
(B) IT IS, THEREFORE, THE PURPOSE OF SECTIONS 3109.40 TO 3,466
3109.62 OF THE REVISED CODE, WHEN IT IS IN THE CHILD'S BEST 3,469
INTEREST, TO FOSTER THE RELATIONSHIP BETWEEN THE CHILD AND EACH
PARENT WHEN A COURT ALLOCATES PARENTING FUNCTIONS AND 3,470
RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, 3,471
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING 3,473
ADDRESSING THE ALLOCATION OF PARENTAL FUNCTIONS AND
RESPONSIBILITIES. 3,474
85
Sec. 3109.03 3109.41. When husband and wife are living 3,483
separate and apart from each other, or are divorced, and the 3,486
question as to the parental rights PARENTING FUNCTIONS and 3,487
responsibilities for the care of their children and the place of 3,488
residence and legal custodian of their children is brought before 3,489
a court of competent jurisdiction, they shall stand upon an 3,490
equality as to the parental rights PARENTING FUNCTIONS and 3,491
responsibilities for the care of their children and the place of 3,492
residence and legal custodian of their children, so far as 3,493
parenthood is involved.
Sec. 3109.42. (A) AT THE TIME OF FILING A PETITION FOR 3,496
DISSOLUTION OF A MARRIAGE THAT INVOLVES ONE OR MORE MINOR 3,497
CHILDREN, THE PARTIES TO THE ACTION SHALL JOINTLY FILE WITH THE 3,498
COURT A PROPOSED JOINT PARENTING PLAN FOR THE CHILDREN OF THE 3,499
MARRIAGE THAT SETS FORTH THE ALLOCATION OF THEIR PARENTING 3,500
FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTION 3109.44 OF THE 3,501
REVISED CODE. 3,503
(B) A PARTY WHO FILES A COMPLAINT IN AN ACTION FOR 3,506
DIVORCE, LEGAL SEPARATION, OR ANNULMENT, OR FOR THE ALLOCATION OF 3,507
PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO A CHILD 3,508
PURSUANT TO SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER 3,509
SECTION OF THE REVISED CODE, SHALL FILE WITH THE COURT A PROPOSED 3,511
PARENTING PLAN THAT MAKES THE ALLOCATION OF PARENTING FUNCTIONS 3,512
AND RESPONSIBILITIES FOR THE CARE OF THE CHILDREN REQUIRED 3,513
PURSUANT TO SECTION 3109.44 OF THE REVISED CODE. THE PLAN SHALL 3,515
BE FILED WITH THE COURT AT THE TIME THE COMPLAINT IS FILED, 3,516
EXCEPT THAT, FOR GOOD CAUSE SHOWN, THE COURT MAY GRANT ONE 3,517
FOURTEEN-DAY EXTENSION. AT THE TIME OF FILING THE PLAN, THE 3,518
PARTY SHALL SERVE A COPY OF IT, ACCOMPANIED BY THE NOTICE 3,519
DESCRIBED IN DIVISION (C) OF THIS SECTION, ON THE OTHER PARENT 3,521
WHO IS A PARTY TO THE ACTION.
THE RESPONDING PARTY MAY FILE WITH THE COURT A SEPARATE 3,523
PROPOSED PARENTING PLAN. THE PLAN MUST MAKE AN ALLOCATION OF 3,524
PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE 3,525
86
CHILDREN REQUIRED UNDER SECTION 3109.44 OF THE REVISED CODE. THE 3,527
PLAN MUST BE FILED WITH THE COURT NOT LATER THAN TWENTY-EIGHT 3,528
DAYS AFTER THE DAY THE RESPONDING PARTY WAS SERVED THE ORIGINAL 3,529
PROPOSED PARENTING PLAN, EXCEPT THAT FOR GOOD CAUSE SHOWN THE 3,530
COURT MAY GRANT ONE FOURTEEN-DAY EXTENSION. IF THE RESPONDING 3,531
PARTY FAILS TO FILE A SEPARATE PROPOSED PARENTING PLAN NOT LATER 3,532
THAN FORTY-TWO DAYS AFTER BEING SERVED THE ORIGINAL PROPOSED 3,533
PLAN, THE RESPONDING PARTY SHALL BE CONSIDERED TO BE IN AGREEMENT 3,534
WITH THE ORIGINAL PROPOSED PLAN AND THE COURT SHALL TREAT THE 3,535
ORIGINAL PROPOSED PLAN AS A JOINT PARENTING PLAN FILED UNDER 3,536
DIVISION (A) OF THIS SECTION AND REVIEW IT UNDER DIVISION (E)(1) 3,539
OF THIS SECTION.
(C) A PARTY WHO FILES A PROPOSED PARENTING PLAN PURSUANT 3,542
TO DIVISION (B) OF THIS SECTION SHALL SERVE THE FOLLOWING NOTICE 3,544
ON THE OTHER PARENT AT THE TIME THE PROPOSED PARENTING PLAN IS 3,545
SERVED ON THAT PARENT:
"YOU HAVE TWENTY-EIGHT DAYS AFTER THE DATE OF SERVICE OF 3,547
THE PROPOSED PARENTING PLAN TO FILE WITH THE CLERK OF COURTS YOUR 3,549
OWN PROPOSED PARENTING PLAN FOR THE COURT TO APPROVE AND
INCORPORATE INTO A PARENTING DECREE. FOR GOOD CAUSE SHOWN, THE 3,550
COURT MAY GRANT YOU ONE EXTENSION OF FOURTEEN DAYS FOR THE FILING 3,552
OF YOUR PROPOSED PARENTING PLAN. IF YOU DO NOT FILE YOUR OWN 3,553
PROPOSED PARENTING PLAN, THE FAILURE TO FILE CREATES A REBUTTABLE 3,554
PRESUMPTION THAT YOU AGREE THAT THE PROPOSED PARENTING PLAN 3,555
SERVED ON YOU IS IN THE BEST INTEREST OF EACH CHILD. 3,556
IF THE ACTION IS FOR DIVORCE, LEGAL SEPARATION, OR 3,558
ANNULMENT YOU MAY ASK THE COURT TO ISSUE AN INTERIM PARENTING 3,560
ORDER IN YOUR ANSWER OR COUNTERCLAIM OR BY MOTION SERVED WITH THE 3,561
PLEADING, OR YOU MAY RESPOND TO A REQUEST MADE FOR AN INTERIM 3,562
PARENTING ORDER BY FILING A COUNTER AFFIDAVIT, PURSUANT TO CIVIL 3,563
RULE 75 AND SECTION 3109.43 OF THE REVISED CODE. AN ANSWER, 3,566
COUNTERCLAIM, OR MOTION FILED WITH A PLEADING THAT INCLUDES A 3,567
REQUEST FOR AN INTERIM PARENTING ORDER MUST SET FORTH THE TERMS 3,568
OF THE INTERIM PARENTING PLAN AND BE ACCOMPANIED BY BOTH OF THE 3,569
87
FOLLOWING: 3,570
(1) AN AFFIDAVIT IN SUPPORT OF THE ANSWER, COUNTERCLAIM, 3,572
OR MOTION THAT CONTAINS THE FOLLOWING INFORMATION: 3,573
(a) THE NATURE AND EXTENT OF THE PARENTING FUNCTIONS AND 3,576
RESPONSIBILITIES PERFORMED BY YOU AND THE OTHER PARENT DURING THE 3,577
TWELVE MONTHS PRIOR TO THE FILING OF THE MOTION; 3,578
(b) THE RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES OF 3,581
YOU AND THE OTHER PARENT, AND THE DAY-CARE, SCHOOL, AND ACTIVITY 3,582
SCHEDULE OF EACH CHILD FOR THE TWELVE MONTHS PRIOR TO THE FILING 3,583
OF THE MOTION;
(c) ANY ANTICIPATED CHANGES IN YOUR OR THE OTHER PARENT'S 3,585
RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES, AND THE 3,587
ANTICIPATED DAY-CARE, SCHOOL, AND ACTIVITY SCHEDULES OF EACH 3,589
CHILD DURING THE NEXT SIX MONTHS;
(d) FACTS RELATED TO THE EXISTENCE OF ANY OF THE FACTORS 3,592
SET FORTH IN SECTION 3109.50 OF THE REVISED CODE THAT COULD POSE 3,594
A SERIOUS RISK OF HARM TO THE CHILD OR WARRANT LIMITATION OR 3,595
RESTRICTION OF A PARENT'S TIME WITH A CHILD, OR ANY OTHER 3,596
LIMITATION OR RESTRICTION; 3,597
(2) THE APPROPRIATE CHILD SUPPORT WORKSHEET UNDER DIVISION 3,600
(E) OR (F) OF SECTION 3113.215 OF THE REVISED CODE THAT HAS BEEN 3,603
COMPLETED, SIGNED BY YOU AND THE OTHER PARENT, AND NOTARIZED." 3,604
(D) A PROPOSED PARENTING PLAN MUST BE SIGNED BY THE PARTY 3,607
PROPOSING IT AND INCLUDE A STATEMENT THAT THE TERMS OF THE PLAN 3,608
ARE BEING PROPOSED IN GOOD FAITH. 3,609
(E) ON THE FILING OF A PARENTING PLAN PURSUANT TO THIS 3,612
SECTION, THE COURT SHALL COMPLY WITH DIVISION (E)(1) OR (2) OF 3,613
THIS SECTION, WHICHEVER IS APPLICABLE: 3,614
(1) IF THE PLAN IS A JOINT PARENTING PLAN UNDER DIVISION 3,617
(A) OF THIS SECTION, THE COURT SHALL REVIEW THE PLAN TO DETERMINE 3,618
WHETHER IT IS IN THE BEST INTEREST OF THE CHILDREN. THE COURT 3,619
SHALL APPROVE THE PLAN IF IT DETERMINES THAT THE PLAN IS IN THE 3,621
BEST INTEREST OF THE CHILDREN. IF IT DETERMINES THAT THE PLAN OR 3,622
ANY PART OF THE PLAN IS NOT IN THE BEST INTEREST OF THE CHILDREN, 3,623
88
THE COURT SHALL REQUIRE THE PARENTS TO MAKE REVISIONS TO MEET THE 3,625
COURT'S OBJECTIONS. IF THE REVISED PLAN IS IN THE BEST INTEREST 3,626
OF THE CHILDREN, THE COURT SHALL APPROVE IT. IF THE REVISIONS 3,627
ARE NOT MADE OR THE COURT DETERMINES THAT THE REVISED PLAN OR ANY 3,628
PART OF THE REVISED PLAN IS NOT IN THE BEST INTEREST OF THE 3,629
CHILDREN, THE COURT MAY REJECT THE PLAN. 3,630
PARENTS MAY JOINTLY PROPOSE REVISIONS TO A PLAN THAT ARE 3,634
NOT REQUIRED BY THE COURT BY JOINTLY FILING COPIES OF THE
PROPOSED REVISIONS WITH THE COURT. THE PROPOSED REVISIONS SHALL 3,635
BE FILED NO LATER THAN THIRTY DAYS PRIOR TO THE FIRST DAY OF THE 3,636
FINAL HEARING ON THE ALLOCATION OF PARENTING FUNCTIONS AND 3,637
RESPONSIBILITIES. THE COURT SHALL NOT APPROVE A PLAN UNDER THIS 3,638
DIVISION UNLESS IT DETERMINES THAT THE PLAN IS IN THE BEST 3,639
INTEREST OF THE CHILDREN. 3,640
(2) IF EACH PARENT PROPOSES A PARENTING PLAN PURSUANT TO 3,642
DIVISION (B) OF THIS SECTION, THE COURT SHALL REVIEW EACH PLAN TO 3,644
DETERMINE WHETHER EITHER IS IN THE BEST INTEREST OF THE CHILDREN. 3,645
IF IT DETERMINES THAT ONE OF THE PLANS IS IN THE BEST INTEREST OF 3,646
THE CHILDREN, THE COURT MAY APPROVE THE PLAN. IF IT DETERMINES 3,648
THAT NEITHER PLAN IS IN THE BEST INTEREST OF THE CHILDREN, THE 3,649
COURT MAY ORDER EACH PARENT TO SUBMIT APPROPRIATE REVISIONS TO 3,650
THE PARENT'S PLAN OR BOTH OF THE PLANS TO MEET THE COURT'S 3,651
OBJECTIONS, OR MAY SELECT ONE OF THE PLANS AND ORDER EACH PARENT 3,652
TO SUBMIT REVISIONS TO THE SELECTED PLAN TO MEET THE COURT'S 3,653
OBJECTIONS. IF REVISIONS TO THE PLAN ARE SUBMITTED TO MEET THE 3,654
COURT'S OBJECTIONS AND ONE OF THE REVISED PLANS IS IN THE BEST 3,656
INTEREST OF THE CHILDREN, THE COURT MAY APPROVE THE PLAN WITH THE 3,657
REVISIONS. IF REVISIONS ARE NOT MADE, OR THE COURT DETERMINES 3,659
THAT NEITHER OF THE REVISED PLANS IS IN THE BEST INTEREST OF THE 3,660
CHILDREN, THE COURT MAY REJECT THE PROPOSED PLANS. WHEN THE 3,662
COURT APPROVES A PLAN UNDER DIVISION (E)(2) OF THIS SECTION,
EITHER AS ORIGINALLY FILED OR AS REVISED, OR REJECTS THE PARENTS' 3,665
PROPOSED PLANS, THE COURT SHALL ENTER IN THE RECORD OF THE CASE 3,666
FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO THE REASONS FOR THE 3,667
89
APPROVAL OR REJECTION. A PARENT MAY PROPOSE CHANGES THAT ARE NOT 3,668
REQUIRED BY THE COURT TO THE PARENT'S PLAN BY FILING COPIES OF 3,669
THE PROPOSED CHANGES WITH THE COURT AND SERVING THEM ON THE OTHER 3,670
PARENT. THE PROPOSED CHANGES SHALL BE FILED AND SERVED NO LATER 3,671
THAN THIRTY DAYS PRIOR TO THE FIRST DAY OF THE FINAL HEARING ON 3,672
THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES. 3,673
THE APPROVAL OF A PLAN UNDER DIVISION (E)(2) OF THIS 3,676
SECTION IS DISCRETIONARY WITH THE COURT. THE COURT SHALL NOT 3,677
APPROVE MORE THAN ONE PLAN AND SHALL NOT APPROVE A PLAN UNLESS IT 3,679
DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILDREN. 3,680
IF THE COURT DOES NOT DETERMINE THAT ANY FILED PLAN OR ANY 3,681
REVISED PLAN IS IN THE BEST INTEREST OF THE CHILDREN, THE COURT 3,683
SHALL APPROVE A PLAN OF ITS OWN DEVISING THAT COMPLIES WITH
SECTION 3109.44 OF THE REVISED CODE. 3,685
Sec. 3109.43. (A) A PLEADING OR MOTION REQUESTING THE 3,688
ISSUANCE OF AN INTERIM PARENTING ORDER SHALL SPECIFY EITHER THAT 3,689
THE PARTY MAKING THE REQUEST ASKS THE COURT TO ADOPT THE PARTY'S 3,690
PROPOSED PARENTING PLAN AS THE INTERIM PARENTING ORDER OR THAT 3,691
THE PARTY ASKS THE COURT TO ISSUE AN ORDER CONTAINING PROVISIONS 3,692
SPECIFIED IN THE MOTION.
THE PLEADING OR MOTION MUST BE ACCOMPANIED BY BOTH OF THE 3,694
FOLLOWING: 3,695
(1) AN AFFIDAVIT THAT CONTAINS THE FOLLOWING INFORMATION: 3,698
(a) THE NATURE AND EXTENT OF THE PARENTING FUNCTIONS AND 3,701
RESPONSIBILITIES PERFORMED BY THE PARTY AND THE OTHER PARENT 3,702
DURING THE TWELVE MONTHS PRIOR TO THE FILING OF THE MOTION OR 3,703
PLEADING;
(b) THE RESIDENTIAL, EMPLOYMENT, AND ACTIVITY SCHEDULES OF 3,706
THE PARTY AND THE OTHER PARENT, AND THE DAY-CARE, SCHOOL, AND 3,707
ACTIVITY SCHEDULE OF EACH CHILD FOR THE TWELVE MONTHS PRIOR TO 3,708
THE FILING OF THE MOTION OR PLEADING;
(c) ANY ANTICIPATED CHANGES IN THE RESIDENTIAL, 3,710
EMPLOYMENT, AND ACTIVITY SCHEDULES OF THE PARTY AND THE OTHER 3,711
PARENT, AND THE ANTICIPATED DAY-CARE, SCHOOL, AND ACTIVITY 3,712
90
SCHEDULES OF EACH CHILD DURING THE NEXT SIX MONTHS; 3,713
(d) FACTS RELATED TO THE EXISTENCE OF ANY OF THE FACTORS 3,716
SET FORTH IN SECTION 3109.50 OF THE REVISED CODE THAT COULD POSE 3,718
A SERIOUS RISK OF HARM TO THE CHILD OR WARRANT LIMITATION OR 3,719
RESTRICTION OF A PARENT'S TIME WITH A CHILD, OR ANY OTHER 3,720
LIMITATION OR RESTRICTION; 3,721
(2) THE APPROPRIATE CHILD SUPPORT WORKSHEET UNDER DIVISION 3,724
(E) OR (F) OF SECTION 3113.215 OF THE REVISED CODE THAT HAS BEEN 3,727
COMPLETED, SIGNED BY BOTH PARTIES, AND NOTARIZED. 3,728
(B) NO LATER THAN FOURTEEN DAYS AFTER A PLEADING OR MOTION 3,731
REQUESTING THAT AN INTERIM PARENTING ORDER BE ISSUED IS SERVED, 3,732
THE OTHER PARTY MAY FILE WITH THE COURT A COUNTER AFFIDAVIT. THE 3,733
COUNTER AFFIDAVIT SHALL COMPLY WITH THE REQUIREMENTS OF DIVISION 3,734
(A)(1) OF THIS SECTION, UNLESS THE PARTY FILING THE COUNTER 3,736
AFFIDAVIT PREVIOUSLY ASKED THE COURT TO ISSUE AN INTERIM 3,737
PARENTING ORDER IN THE PROCEEDING AND THE REQUEST IS PENDING. NO 3,738
LATER THAN SEVEN DAYS AFTER A COUNTER AFFIDAVIT IS FILED, BOTH 3,739
PARTIES MAY FILE ADDITIONAL AFFIDAVITS ADDRESSING THE ISSUES 3,740
RAISED IN THE COUNTER AFFIDAVIT. THE COURT, ON GOOD CAUSE SHOWN, 3,741
MAY GRANT AN ADDITIONAL SEVEN DAYS TO EITHER OR BOTH PARTIES TO 3,742
FILE ADDITIONAL AFFIDAVITS. THE COURT SHALL ISSUE AN INTERIM 3,743
PARENTING ORDER THAT IS IN THE BEST INTEREST OF THE CHILD NO 3,744
LATER THAN FORTY-TWO DAYS AFTER THE DATE OF SERVICE OF THE FIRST 3,745
PLEADING OR MOTION IN THE PROCEEDING REQUESTING THE COURT TO 3,746
ISSUE AN INTERIM PARENTING ORDER. IF BOTH PARTIES REQUEST THE 3,747
ISSUANCE OF AN INTERIM PARENTING ORDER, THE COURT SHALL NOT ISSUE 3,749
AN ORDER UNTIL AFTER EXPIRATION OF ALL TIME PERIODS DURING WHICH 3,750
THE PARTIES MAY FILE AFFIDAVITS. IF ONLY ONE PARENT REQUESTS THE 3,751
ISSUANCE OF AN INTERIM PARENTING ORDER, THE COURT MAY ISSUE AN 3,752
ORDER FOURTEEN DAYS AFTER SERVICE OF THE PLEADING OR MOTION 3,753
REQUESTING THE ISSUANCE OF THE INTERIM PARENTING ORDER. AT ANY 3,754
TIME PRIOR TO THE ISSUANCE OF A FINAL PARENTING ORDER IN THE 3,755
PROCEEDING, THE PARTIES MAY SUBMIT AN AGREED INTERIM PARENTING 3,756
ORDER FOR THE COURT'S CONSIDERATION AND APPROVAL. 3,757
91
(C) ON THE REQUEST OF EITHER OR BOTH PARENTS OR WHENEVER 3,760
THE COURT DETERMINES IT IS IN THE BEST INTEREST OF THE CHILD, THE 3,761
COURT SHALL MODIFY THE INTERIM PARENTING ORDER IF THE 3,762
MODIFICATIONS COMPLY WITH THE REQUIREMENTS OF SECTION 3109.44 OF 3,763
THE REVISED CODE AND ARE IN THE BEST INTEREST OF THE CHILD. 3,765
Sec. 3109.44. (A) A PROPOSED PARENTING PLAN AND PARENTING 3,768
DECREE, OR AN INTERIM PARENTING ORDER SHALL MAKE THE ALLOCATION, 3,769
BETWEEN THE PARENTS, OF THE PARENTING FUNCTIONS AND 3,771
RESPONSIBILITIES FOR THE CARE OF THE CHILD BY INCLUDING 3,772
PROVISIONS THAT DO THE FOLLOWING: 3,773
(1) APPORTION BETWEEN THE PARENTS THE DAILY PHYSICAL 3,775
LIVING ARRANGEMENTS OF THE CHILD; 3,776
(2) DESIGNATE THE CHILD'S PHYSICAL LOCATION DURING LEGAL 3,778
AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL IMPORTANCE; 3,780
(3) ASSIGN DUTIES TO TRANSPORT THE CHILD BETWEEN EACH 3,782
PARENT'S RESIDENCE AND TO SPECIAL ACTIVITIES OR FUNCTIONS IN 3,783
WHICH THE CHILD IS PARTICIPATING; 3,784
(4) PROVIDE FOR COMMUNICATION WITH THE PARENT WITH WHOM 3,786
THE CHILD IS NOT CURRENTLY RESIDING; 3,787
(5) DETERMINE EACH PARENT'S CHILD SUPPORT OBLIGATION 3,789
PURSUANT TO SECTIONS 3113.21 TO 3113.219 OF THE REVISED CODE; 3,791
(6) DESIGNATE ONE PARENT AS THE RESIDENTIAL PARENT FOR 3,793
PURPOSES OF RECEIVING CHILD SUPPORT; 3,794
(7) DESIGNATE THE PARENT REQUIRED TO PAY HEALTH INSURANCE 3,796
PURSUANT TO SECTION 3113.217 OF THE REVISED CODE, VISION 3,798
INSURANCE, AND DENTAL INSURANCE FOR THE CHILD; 3,799
(8) DETERMINE EACH PARENT'S RESPONSIBILITY TO PAY FOR 3,801
HEALTH, DENTAL, OR VISION CARE EXPENSES FOR THE CHILD THAT ARE 3,802
NOT COVERED BY INSURANCE; 3,803
(9) DETERMINE THE SCHOOL THE CHILD WILL ATTEND AND 3,805
DESIGNATE ONE PARENT AS THE RESIDENTIAL PARENT FOR PURPOSES OF 3,806
DETERMINING THE SCHOOL THE CHILD ATTENDS; 3,807
(10) DETERMINE THE CHILD'S PARTICIPATION IN 3,809
EXTRACURRICULAR ACTIVITIES; 3,810
92
(11) ASSIGN DUTIES CONCERNING ARRANGEMENTS FOR CHILD CARE 3,812
AND ALLOCATE THE CHILD CARE COSTS BETWEEN THE PARENTS; 3,813
(12) ALLOCATE BETWEEN THE PARENTS THE RESPONSIBILITY AND 3,815
AUTHORITY TO MAKE DECISIONS CONCERNING THE CHILD'S HEALTH CARE, 3,816
EDUCATION, RELIGIOUS TRAINING, EXTRACURRICULAR ACTIVITIES, 3,817
GROOMING, PERSONAL CARE, DISCIPLINE, PRIVILEGES, SUPERVISION, AND 3,819
ANY OTHER MATTERS RELATED TO THE CHILD'S WELFARE;
(13) DESIGNATE ONE PARENT AS THE PARENT WHO MAY CLAIM THE 3,821
CHILD AS A DEPENDENT FOR FEDERAL INCOME TAX PURPOSES AS SET FORTH 3,823
IN SECTION 151 OF THE "INTERNAL REVENUE CODE OF 1986," 100 STAT. 3,827
2085, 26 U.S.C.A. 1, AS AMENDED; 3,829
(14) PROVIDE PURSUANT TO SECTION 3109.56 OF THE REVISED 3,831
CODE FOR PARENTAL ACCESS TO ALL RECORDS PERTAINING TO THE CHILD, 3,833
THE CHILD'S SCHOOL ACTIVITIES, AND THE DAY CARE CENTER ATTENDED 3,834
BY THE CHILD;
(15) REQUIRE MEDIATION PURSUANT TO SECTION 3109.55 OF THE 3,836
REVISED CODE OF DISPUTES BETWEEN THE PARENTS REGARDING THE 3,838
PARENTING FUNCTIONS AND RESPONSIBILITIES UNDER THE PARENTING 3,839
DECREE.
(B) EACH PROPOSED PARENTING PLAN AND DECREE AND INTERIM 3,842
PARENTING ORDER SHALL INCLUDE, IF NECESSARY FOR THE PURPOSES OF 3,843
RECEIVING PUBLIC ASSISTANCE, A PROVISION DESIGNATING THE 3,844
RESIDENCE OF ONE OF THE PARENTS AS THE CHILD'S HOME. AN 3,845
ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES MADE UNDER 3,846
DIVISION (A) OF THIS SECTION IS SUBJECT TO ANY LIMITATION PLACED 3,848
ON EITHER PARENT PURSUANT TO SECTION 3109.50 OF THE REVISED CODE 3,849
(C) NOTWITHSTANDING THE ALLOCATION OF PARENTING FUNCTIONS 3,852
AND RESPONSIBILITIES MADE PURSUANT TO DIVISIONS (A) AND (B) OF 3,854
THIS SECTION AND EXCEPT AS LIMITED BY A COURT PURSUANT TO SECTION 3,855
3109.50 OF THE REVISED CODE, A PARENTING PLAN OR DECREE OR 3,858
INTERIM PARENTING ORDER SHALL DESIGNATE BOTH PARENTS AS THE 3,859
RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD, THE
RESIDENTIAL PARENT, OR THE CUSTODIAL PARENT AND SHALL CONTAIN A 3,860
PROVISION PERMITTING EITHER PARENT TO EXERCISE ALL THE AUTHORITY 3,861
93
THAT A PARENT MAY EXERCISE PURSUANT TO LAW AND MAKE ALL DECISIONS 3,863
CONCERNING THE CHILD'S HEALTH AND SAFETY, INCLUDING EMERGENCY 3,864
DECISIONS.
Sec. 3109.45. (A) THE COURT SHALL TAKE INTO ACCOUNT THE 3,866
BEST INTEREST OF THE CHILD WHEN MAKING THE ALLOCATION OF 3,867
PARENTING FUNCTIONS AND RESPONSIBILITIES IN A DIVORCE, 3,868
DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING; A 3,869
PROCEEDING UNDER SECTION 3109.43 OF THE REVISED CODE FOR THE 3,870
ISSUANCE OF AN INTERIM PARENTING ORDER; A PROCEEDING UNDER 3,871
SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL 3,872
PROCEEDING; A PROCEEDING UNDER SECTION 3109.51 OF THE REVISED 3,875
CODE FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING THE 3,876
ALLOCATION; OR A RELOCATION PROCEEDING UNDER SECTION 3109.57 OF 3,877
THE REVISED CODE. IN DETERMINING THE CHILD'S BEST INTEREST, THE 3,879
COURT SHALL CONSIDER ALL RELEVANT FACTORS, INCLUDING: 3,880
(1) THE WISHES OF THE CHILD'S PARENTS REGARDING THE 3,882
CHILD'S CARE, INCLUDING ANY ORAL OR WRITTEN AGREEMENT KNOWINGLY 3,883
AND VOLUNTARILY MADE BETWEEN THE PARENTS; 3,884
(2) IF THE COURT HAS INTERVIEWED THE CHILD IN CHAMBERS 3,887
PURSUANT TO SECTION 3109.46 OF THE REVISED CODE, THE WISHES AND 3,889
CONCERNS OF THE CHILD; 3,890
(3) THE CHILD'S INTERACTION AND INTERRELATIONSHIP WITH 3,892
SIBLINGS, RELATIVES, AND ANY OTHER PERSON WHO MAY SIGNIFICANTLY 3,893
AFFECT THE CHILD'S BEST INTEREST; 3,894
(4) THE CHILD'S INVOLVEMENT WITH PHYSICAL SURROUNDINGS, 3,897
SCHOOL, COMMUNITY, AND SIGNIFICANT ACTIVITIES; 3,898
(5) THE MENTAL AND PHYSICAL HEALTH OF ALL PERSONS 3,900
INVOLVED; 3,901
(6) WHETHER EITHER PARENT HAS FAILED REPEATEDLY TO BE 3,903
FINANCIALLY RESPONSIBLE FOR THE CHILD BY FAILING TO MAKE ALL 3,904
CHILD SUPPORT PAYMENTS, INCLUDING ALL ARREARAGES, REQUIRED OF 3,906
THAT PARENT PURSUANT TO A CHILD SUPPORT ORDER OR BY FAILING TO 3,907
PROVIDE HEALTH, DENTAL, AND VISION INSURANCE FOR THE CHILD OR PAY 3,908
ANY HEALTH, DENTAL, OR VISION CARE EXPENSES FOR THE CHILD ARE NOT 3,909
94
COVERED BY INSURANCE;
(7) THE RELATIVE STRENGTH, NATURE, AND STABILITY OF THE 3,911
CHILD'S RELATIONSHIP WITH EACH PARENT; 3,912
(8) THE WILLINGNESS OF THE PARENTS TO COMMUNICATE WITH 3,914
EACH OTHER EFFECTIVELY REGARDING THE BEST INTERESTS OF THE CHILD; 3,916
(9) WHETHER EITHER PARENT HAS DENIED THE OTHER PARENT 3,918
ACCESS TO THE CHILD IN VIOLATION OF ANY OF THE FOLLOWING: AN 3,919
ORDER ALLOCATING PARENTAL RIGHTS AND RESPONSIBILITIES ISSUED 3,921
PURSUANT TO FORMER SECTION 3109.04 OF THE REVISED CODE, AN ORDER 3,922
ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES ISSUED 3,923
PURSUANT TO SECTION 3109.49 OF THE REVISED CODE, OR AN ORDER 3,925
GRANTING COMPANIONSHIP AND VISITATION RIGHTS ISSUED PURSUANT TO 3,926
FORMER SECTION 3109.051 OF THE REVISED CODE; 3,927
(10) WHETHER EITHER PARENT HAS ESTABLISHED A RESIDENCE OR 3,929
IS PLANNING TO ESTABLISH A RESIDENCE OUTSIDE THIS STATE; 3,930
(11) EVIDENCE OF EACH PARENT'S EXERCISE OR FAILURE TO 3,932
EXERCISE APPROPRIATE PARENTING BEHAVIOR AND THE POTENTIAL FOR 3,933
EACH PARENT TO EXERCISE OR FAIL TO EXERCISE APPROPRIATE PARENTING 3,935
BEHAVIOR IN THE FUTURE;
(12) THE AGE, EMOTIONAL NEEDS, AND DEVELOPMENTAL LEVEL OF 3,937
THE CHILD; 3,938
(13) EACH PARENT'S EMPLOYMENT AND ACTIVITY SCHEDULES; 3,941
(14) THE CHILD'S SCHOOL AND CHILD CARE SCHEDULES; 3,943
(15) ANY RECOMMENDATION OF THE CHILD'S GUARDIAN AD LITEM; 3,946
(16) ANY MEDIATION REPORT FILED PURSUANT TO SECTION 3,948
3109.55 OF THE REVISED CODE; 3,949
(17) ANY REPORT ADMITTED INTO EVIDENCE PURSUANT TO SECTION 3,952
3109.48 OF THE REVISED CODE;
(18) A PARENT'S FAILURE TO ATTEND THE PARENTING EDUCATION 3,954
SEMINAR REQUIRED BY SECTION 3109.54 OF THE REVISED CODE; 3,956
(19) A PARENT'S FAILURE TO ATTEND THE MEDIATION ASSESSMENT 3,959
PURSUANT TO SECTION 3109.55 OF THE REVISED CODE; 3,960
(20) ANY OTHER FACTOR THE COURT CONSIDERS RELEVANT. 3,962
(B) WHEN ALLOCATING PARENTING FUNCTIONS AND 3,965
95
RESPONSIBILITIES FOR THE CARE OF CHILDREN, THE COURT SHALL NOT 3,966
GIVE PREFERENCE TO A PARENT BECAUSE OF THAT PARENT'S FINANCIAL 3,967
STATUS OR CONDITION.
Sec. 3109.46. (A) IN DETERMINING THE CHILD'S BEST 3,969
INTEREST FOR PURPOSES OF MAKING ITS ALLOCATION OF PARENTING 3,971
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD IN A
DIVORCE, DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING 3,972
INVOLVING A CHILD, IN A PROCEEDING UNDER SECTION 3109.43 OF THE 3,973
REVISED CODE FOR THE ISSUANCE OF AN INTERIM PARENTING ORDER, IN A 3,974
PROCEEDING UNDER SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER 3,975
ORIGINAL PROCEEDING, IN A PROCEEDING UNDER SECTION 3109.51 OF THE
REVISED CODE FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING 3,976
THE ALLOCATION, OR IN A RELOCATION PROCEEDING UNDER SECTION 3,977
3109.57 OF THE REVISED CODE, AND FOR PURPOSES OF RESOLVING ANY 3,978
ISSUES RELATED TO THE MAKING OF THAT ALLOCATION, THE COURT MAY 3,979
AND, ON THE REQUEST OF EITHER PARTY, SHALL INTERVIEW IN CHAMBERS 3,980
ANY OR ALL OF THE INVOLVED CHILDREN REGARDING THEIR WISHES AND 3,981
CONCERNS WITH RESPECT TO THE ALLOCATION. 3,982
(B) IF THE COURT INTERVIEWS ANY CHILD PURSUANT TO DIVISION 3,984
(A) OF THIS SECTION, ALL OF THE FOLLOWING APPLY: 3,985
(1) THE COURT MAY AND, ON THE MOTION OF EITHER PARENT, 3,988
SHALL APPOINT A GUARDIAN AD LITEM FOR THE CHILD. 3,989
(2) THE COURT FIRST SHALL DETERMINE THE REASONING ABILITY 3,991
OF THE CHILD. IF THE COURT DETERMINES THAT THE CHILD DOES NOT 3,992
HAVE SUFFICIENT REASONING ABILITY TO EXPRESS THE CHILD'S WISHES 3,994
AND CONCERNS WITH RESPECT TO THE ALLOCATION OF PARENTING 3,995
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD, IT 3,996
SHALL NOT DETERMINE THE CHILD'S WISHES AND CONCERNS WITH RESPECT 3,997
TO THE ALLOCATION. IF THE COURT DETERMINES THAT THE CHILD HAS 3,998
SUFFICIENT REASONING ABILITY TO EXPRESS THE CHILD'S WISHES OR 4,000
CONCERNS WITH RESPECT TO THE ALLOCATION, IT THEN SHALL DETERMINE 4,001
WHETHER, BECAUSE OF SPECIAL CIRCUMSTANCES, IT WOULD NOT BE IN THE 4,002
BEST INTEREST OF THE CHILD TO DETERMINE THE CHILD'S WISHES AND 4,003
CONCERNS WITH RESPECT TO THE ALLOCATION. IF THE COURT DETERMINES 4,004
96
THAT, BECAUSE OF SPECIAL CIRCUMSTANCES, IT WOULD NOT BE IN THE 4,005
BEST INTEREST OF THE CHILD TO DETERMINE THE CHILD'S WISHES AND 4,006
CONCERNS WITH RESPECT TO THE ALLOCATION, IT SHALL NOT DETERMINE 4,007
THE CHILD'S WISHES AND CONCERNS WITH RESPECT TO THE ALLOCATION 4,008
AND SHALL ENTER ITS WRITTEN FINDINGS OF FACT AND OPINION IN THE 4,009
JOURNAL. IF THE COURT DETERMINES THAT IT WOULD BE IN THE BEST 4,010
INTEREST OF THE CHILD TO DETERMINE THE CHILD'S WISHES AND 4,011
CONCERNS WITH RESPECT TO THE ALLOCATION, IT SHALL MAKE THAT 4,013
DETERMINATION.
(3) THE INTERVIEW SHALL BE CONDUCTED IN CHAMBERS, AND NO 4,015
PERSON OTHER THAN THE CHILD, THE CHILD'S ATTORNEY, THE JUDGE, ANY 4,016
NECESSARY COURT PERSONNEL, AND, IN THE JUDGE'S DISCRETION, THE 4,017
ATTORNEY OF EACH PARENT SHALL BE PERMITTED TO BE PRESENT IN THE 4,018
CHAMBERS DURING THE INTERVIEW. IF REQUESTED BY ANY PARTY, A 4,019
RECORD SHALL BE MADE OF THE INTERVIEW. 4,020
(C) NO PERSON SHALL OBTAIN OR ATTEMPT TO OBTAIN FROM A 4,022
CHILD A WRITTEN OR RECORDED STATEMENT OR AFFIDAVIT SETTING FORTH 4,023
THE CHILD'S WISHES AND CONCERNS REGARDING THE ALLOCATION OF 4,024
PARENTING FUNCTIONS AND RESPONSIBILITIES CONCERNING THE CHILD. 4,025
NO COURT, IN DETERMINING THE CHILD'S BEST INTEREST FOR PURPOSES 4,026
OF MAKING ITS ALLOCATION OF PARENTING FUNCTIONS AND 4,027
RESPONSIBILITIES FOR THE CARE OF THE CHILD OR FOR PURPOSES OF 4,028
RESOLVING ANY ISSUES RELATED TO THE MAKING OF THAT ALLOCATION, 4,029
SHALL ACCEPT OR CONSIDER A WRITTEN OR RECORDED STATEMENT OR 4,030
AFFIDAVIT THAT PURPORTS TO SET FORTH THE CHILD'S WISHES AND 4,031
CONCERNS REGARDING THOSE MATTERS. 4,032
Sec. 3109.47. (A) A COURT MAY APPOINT A GUARDIAN AD LITEM 4,035
TO PROTECT THE INTERESTS OF A CHILD WHEN MAKING THE ALLOCATION OF 4,036
PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD 4,037
IN ANY OF THE FOLLOWING: A DIVORCE, DISSOLUTION, LEGAL 4,038
SEPARATION, OR ANNULMENT PROCEEDING; A PROCEEDING UNDER SECTION 4,039
3109.43 OF THE REVISED CODE FOR THE ISSUANCE OF AN INTERIM
PARENTING ORDER; A PROCEEDING UNDER SECTION 3109.62 OF THE 4,041
REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING; A PROCEEDING UNDER 4,042
97
SECTION 3109.51 OF THE REVISED CODE FOR MODIFICATION OF A PRIOR 4,045
DECREE OR ORDER MAKING THE ALLOCATION; OR A RELOCATION PROCEEDING 4,046
UNDER SECTION 3109.57 OF THE REVISED CODE. THE GUARDIAN AD LITEM 4,047
SHALL WORK WITH THE COURT'S EVALUATOR AND MAY CONSULT WITH ANY 4,048
PERSON WHO MAY HAVE INFORMATION RELEVANT TO THE ALLOCATION OF 4,050
PARENTING FUNCTIONS AND RESPONSIBILITIES. THE GUARDIAN AD LITEM 4,051
SHALL HAVE FULL ACCESS TO THE FAMILY FILE THAT ADDRESSES THE 4,052
CHILD AND MAY PROPOSE PROVISIONS FOR A PARENTING PLAN CONSISTENT 4,053
WITH THE BEST INTERESTS OF ANY CHILD INVOLVED. THE COURT SHALL 4,055
ORDER THE PARENTS TO PAY THE FEES OF THE GUARDIAN AD LITEM AND 4,056
SHALL ALLOCATE THE FEES BETWEEN THE PARENTS, EXCEPT THAT IF THE 4,057
PARENTS ARE INDIGENT, THE COURT SHALL ORDER THE FEES TO BE PAID 4,058
BY THE COUNTY IN WHICH THE CHILD RESIDES. THE COURT MAY APPOINT 4,059
A QUALIFIED VOLUNTEER AS THE GUARDIAN AD LITEM. 4,060
(B) THE COURT MAY APPOINT AN ATTORNEY TO REPRESENT THE 4,063
INTERESTS OF A CHILD IN ANY ORIGINAL PROCEEDING TO ALLOCATE, OR 4,064
ANY PROCEEDING FOR MODIFICATION OF A PRIOR ORDER ALLOCATING, THE 4,065
PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO THE 4,066
CHILD. THE COURT SHALL ORDER THE PARENTS TO PAY THE FEES OF THE 4,068
ATTORNEY AND SHALL ALLOCATE THE FEES BETWEEN THE PARENTS, EXCEPT 4,069
THAT IF THE PARENTS ARE INDIGENT, THE COURT SHALL ORDER THE FEES 4,070
TO BE PAID BY THE COUNTY IN WHICH THE CHILD RESIDES. THE COURT 4,071
MAY APPOINT AS THE CHILD'S ATTORNEY AN ATTORNEY WHO HAS 4,073
VOLUNTEERED TO PROVIDE SERVICES FREE OF CHARGE. 4,074
(C) A GUARDIAN AD LITEM APPOINTED PURSUANT TO DIVISION (A) 4,078
OF THIS SECTION MAY ALSO SERVE AS THE ATTORNEY FOR THE CHILD IF 4,079
THE GUARDIAN AD LITEM IS AN ATTORNEY ADMITTED TO THE PRACTICE OF 4,080
LAW IN THIS STATE AND NO CONFLICT OF INTEREST IS CREATED OR IS 4,081
LIKELY TO BE CREATED BY THE GUARDIAN AD LITEM SERVING AS THE 4,082
ATTORNEY FOR THE CHILD. IF THE COURT OR THE GUARDIAN AD LITEM 4,083
DETERMINES THAT A CONFLICT OF INTEREST MAY EXIST, THE COURT MAY 4,084
RETAIN THE PERSON AS THE GUARDIAN AD LITEM AND MAY APPOINT 4,085
ANOTHER PERSON AS THE CHILD'S ATTORNEY. 4,086
Sec. 3109.48. PRIOR TO TRIAL IN ANY PROCEEDING INVOLVING 4,089
98
THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES WITH 4,090
RESPECT TO A CHILD, THE COURT MAY CAUSE AN INVESTIGATION AND 4,091
EVALUATION TO BE MADE AS TO THE CHARACTER, FAMILY RELATIONS, PAST 4,092
CONDUCT, PARENTING FUNCTIONS AND PARENTING ARRANGEMENTS OF EACH 4,093
PARENT AND MAY ORDER THE PARENTS AND THEIR MINOR CHILDREN TO 4,094
SUBMIT TO MEDICAL EXAMINATIONS, INCLUDING EXAMINATIONS TO DETECT 4,095
SUBSTANCE ABUSE, AND PSYCHOLOGICAL EXAMINATIONS. IF A PERSON WHO 4,096
HAS SIGNIFICANT CONTACT WITH A CHILD AND IS SIGNIFICANTLY 4,097
INVOLVED IN THE CHILD'S LIFE IS JOINED AS A PARTY TO THE 4,098
PROCEEDING, THE COURT MAY REQUIRE AN INVESTIGATION AND EVALUATION 4,100
OF THE PERSON WHICH SHALL BE CONDUCTED OF THE PERSON IN THE SAME
MANNER AS THE INVESTIGATION AND EVALUATION OF THE PARENTS. 4,103
A REPORT OF THE INVESTIGATION AND EVALUATION SHALL BE 4,105
PREPARED AND SIGNED BY AN EVALUATOR DESIGNATED BY THE COURT TO 4,106
CONDUCT IT. THE EVALUATOR MAY CONSULT ANY PERSON WHO MAY HAVE 4,108
INFORMATION ABOUT THE CHILD. THE REPORT AND ALL WORK PAPERS AND 4,110
NOTES RELATED TO THE INVESTIGATION SHALL BE ADDED TO THE FAMILY 4,111
FILE. THE FAMILY FILE SHALL BE MADE AVAILABLE TO COUNSEL OF 4,112
RECORD FOR EACH PARENT, OR DIRECTLY TO ANY PARENT NOT REPRESENTED 4,113
BY COUNSEL, NO LATER THAN THIRTY DAYS PRIOR TO THE FINAL HEARING 4,114
ON THE ISSUE OF THE ALLOCATION OF THE PARENTING FUNCTIONS AND 4,115
RESPONSIBILITIES, UNLESS A SHORTER PERIOD OF TIME IS ORDERED BY 4,116
THE COURT FOR GOOD CAUSE SHOWN. THE EVALUATOR SHALL BE SUBJECT 4,117
TO CROSS-EXAMINATION BY EITHER PARENT CONCERNING THE CONTENTS OF 4,118
THE REPORT. 4,119
Sec. 3109.04 3109.49. (A) In any divorce, legal 4,128
separation, or annulment proceeding and in any proceeding 4,130
PURSUANT TO SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER 4,131
SECTION OF THE REVISED CODE pertaining to the allocation of 4,132
parental rights PARENTING FUNCTIONS and responsibilities for the 4,133
care of a child, upon hearing the testimony of either or both 4,134
parents and considering any mediation report filed pursuant to 4,135
section 3109.052 3109.55 of the Revised Code and in accordance 4,136
with sections 3109.21 to 3109.36 of the Revised Code, the court 4,138
99
shall allocate the parental rights PARENTING FUNCTIONS and 4,139
responsibilities for the care of EACH OF the minor children of 4,141
the marriage IN ACCORDANCE WITH THE BEST INTEREST OF THE 4,142
CHILDREN. Subject to division (D)(2) of this section SECTIONS 4,143
3109.50 AND 3109.56 OF THE REVISED CODE, the court may allocate 4,144
the parental rights PARENTING FUNCTIONS and responsibilities for 4,145
the care of the children in either ANY of the following ways: 4,147
(1) If neither parent files a pleading or motion in 4,149
accordance with division (G) of this section, if at least one 4,150
parent files a pleading or motion under that division but no 4,151
parent who filed a pleading or motion under that division also 4,152
files a plan for shared parenting, or if at least one parent 4,153
files both a pleading or motion and a shared NO PROPOSED 4,154
parenting plan FILED BY EITHER OR BOTH PARENTS under that 4,156
division but no plan for shared parenting SECTION 3109.42 OF THE 4,157
REVISED CODE is in the best interest of the children, the court, 4,158
in a manner consistent with the best interest of the children, 4,159
shall allocate MAY ISSUE A PARENTING DECREE THAT MAKES THE 4,160
APPROPRIATE ALLOCATION OF the parental rights PARENTING FUNCTIONS 4,161
and responsibilities for the care of the children primarily to 4,163
one of the parents, designate that parent as the residential 4,164
parent and the legal custodian of the child, and divide between 4,165
the parents the other rights and responsibilities for the care of 4,166
the children, including, but not limited to, the responsibility 4,167
to provide support for the children and the right of the parent 4,168
who is not the residential parent to have continuing contact with 4,169
the children BETWEEN THE PARENTS PURSUANT TO THE REQUIREMENTS OF 4,171
SECTION 3109.44 OF THE REVISED CODE
(2) If at least one parent files a pleading or motion in 4,173
accordance with division (G) of this section and a plan for 4,174
shared PROPOSED parenting pursuant to that division PLAN UNDER 4,176
SECTION 3109.42 OF THE REVISED CODE and if a plan for shared 4,177
parenting is in the best interest of the children and is approved 4,178
by the court in accordance with division (D)(1)(E) of this 4,179
100
section 3109.42 OF THE REVISED CODE, the court may allocate MAKE 4,180
THE APPROPRIATE ALLOCATION OF the parental rights PARENTING 4,182
FUNCTIONS and responsibilities for the care of the children to 4,184
both BETWEEN THE parents and issue a shared parenting order 4,186
requiring the parents to share all or some of the aspects of the 4,187
physical and legal care of the children DECREE in accordance with 4,188
the approved PARENTING plan for shared parenting. If the court 4,190
issues a shared parenting order under this division and it is 4,191
necessary for the purpose of receiving public assistance, the 4,192
court shall designate which one of the parents' residences is to 4,193
serve as the child's home. The child support obligations of the 4,194
parents under a shared parenting order issued under this division 4,195
shall be determined in accordance with section 3113.215 of the 4,196
Revised Code.
(3) IF THE COURT FINDS THAT IT IS IN THE BEST INTEREST OF 4,198
THE CHILD THAT THE PARENTS SHOULD NOT BE ALLOCATED THE PARENTING 4,199
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD OR BE 4,200
DESIGNATED AS THE RESIDENTIAL PARENTS AND LEGAL CUSTODIANS OF THE 4,201
CHILD, IT MAY COMMIT THE CHILD TO A RELATIVE OF THE CHILD OR 4,202
CERTIFY A COPY OF ITS FINDINGS, TOGETHER WITH AS MUCH OF THE 4,203
RECORD AND THE FURTHER INFORMATION, IN NARRATIVE FORM OR
OTHERWISE, AS IT CONSIDERS NECESSARY OR AS THE JUVENILE COURT 4,204
REQUESTS, TO THE JUVENILE COURT FOR FURTHER PROCEEDINGS. ON THE 4,205
CERTIFICATION, THE JUVENILE COURT HAS EXCLUSIVE JURISDICTION. 4,206
(B)(1) When making the allocation of the parental rights 4,208
and responsibilities for the care of the children under this 4,209
section in an original proceeding or in any proceeding for 4,210
modification of a prior order of the court making the allocation, 4,211
the court shall take into account that which would be in the best 4,212
interest of the children. In determining the child's best 4,213
interest for purposes of making its allocation of the parental 4,214
rights and responsibilities for the care of the child and for 4,215
purposes of resolving any issues related to the making of that 4,216
allocation, the court, in its discretion, may and, upon the 4,217
101
request of either party, shall interview in chambers any or all 4,218
of the involved children regarding their wishes and concerns with 4,219
respect to the allocation. 4,220
(2) If the court interviews any child pursuant to division 4,222
(B)(1) of this section, all of the following apply: 4,223
(a) The court, in its discretion, may and, upon the motion 4,225
of either parent, shall appoint a guardian ad litem for the 4,226
child. 4,227
(b) The court first shall determine the reasoning ability 4,229
of the child. If the court determines that the child does not 4,230
have sufficient reasoning ability to express his wishes and 4,232
concern with respect to the allocation of parental rights and 4,233
responsibilities for the care of the child, it shall not 4,234
determine the child's wishes and concerns with respect to the 4,235
allocation. If the court determines that the child has 4,236
sufficient reasoning ability to express the child's wishes or 4,238
concerns with respect to the allocation, it then shall determine 4,239
whether, because of special circumstances, it would not be in the 4,240
best interest of the child to determine the child's wishes and 4,241
concerns with respect to the allocation. If the court determines 4,242
that, because of special circumstances, it would not be in the 4,243
best interest of the child to determine the child's wishes and 4,244
concerns with respect to the allocation, it shall not determine 4,245
the child's wishes and concerns with respect to the allocation 4,246
and shall enter its written findings of fact and opinion in the 4,247
journal. If the court determines that it would be in the best 4,248
interests of the child to determine the child's wishes and 4,249
concerns with respect to the allocation, it shall proceed to make 4,250
that determination. 4,251
(c) The interview shall be conducted in chambers, and no 4,253
person other than the child, the child's attorney, the judge, any 4,254
necessary court personnel, and, in the judge's discretion, the 4,255
attorney of each parent shall be permitted to be present in the 4,256
chambers during the interview. 4,257
102
(3) No person shall obtain or attempt to obtain from a 4,259
child a written or recorded statement or affidavit setting forth 4,260
the child's wishes and concerns regarding the allocation of 4,261
parental rights and responsibilities concerning the child. No 4,262
court, in determining the child's best interest for purposes of 4,263
making its allocation of the parental rights and responsibilities 4,264
for the care of the child or for purposes of resolving any issues 4,265
related to the making of that allocation, shall accept or 4,266
consider a written or recorded statement or affidavit that 4,267
purports to set forth the child's wishes and concerns regarding 4,268
those matters. 4,269
(C) Prior to trial, the court may cause an investigation 4,271
to be made as to the character, family relations, past conduct, 4,272
earning ability, and financial worth of each parent and may order 4,273
the parents and their minor children to submit to medical, 4,274
psychological, and psychiatric examinations. The report of the 4,275
investigation and examinations shall be made available to either 4,276
parent or his counsel of record not less than five days before 4,278
trial, upon written request. The report shall be signed by the 4,279
investigator, and the investigator shall be subject to 4,280
cross-examination by either parent concerning the contents of the 4,281
report. The court may tax as costs all or any part of the 4,282
expenses for each investigation. 4,283
If the court determines that either parent previously has 4,285
been convicted of or pleaded guilty to any criminal offense 4,286
involving any act that resulted in a child being a neglected 4,287
child, that either parent previously has been determined to be 4,288
the perpetrator of the neglectful act that is the basis of an 4,289
adjudication that a child is a neglected child, or that there is 4,290
reason to believe that either parent has acted in a manner 4,291
resulting in a child being a neglected child, the court shall 4,292
consider that fact against naming that parent the residential 4,293
parent and against granting a shared parenting decree. When the 4,294
court allocates parental rights and responsibilities for the care 4,295
103
of children or determines whether to grant shared parenting in 4,296
any proceeding, it shall consider whether either parent has been 4,297
convicted of or pleaded guilty to a violation of section 2919.25 4,298
of the Revised Code involving a victim who at the time of the 4,299
commission of the offense was a member of the family or household 4,300
that is the subject of the proceeding, has been convicted of or 4,301
pleaded guilty to any other offense involving a victim who at the 4,302
time of the commission of the offense was a member of the family 4,303
or household that is the subject of the proceeding and caused 4,304
physical harm to the victim in the commission of the offense, or 4,305
has been determined to be the perpetrator of the abusive act that 4,306
is the basis of an adjudication that a child is an abused child. 4,307
If the court determines that either parent has been convicted of 4,308
or pleaded guilty to a violation of section 2919.25 of the 4,309
Revised Code involving a victim who at the time of the commission 4,310
of the offense was a member of the family or household that is 4,311
the subject of the proceeding, has been convicted of or pleaded 4,312
guilty to any other offense involving a victim who at the time of 4,313
the commission of the offense was a member of the family or 4,314
household that is the subject of the proceeding and caused 4,315
physical harm to the victim in the commission of the offense, or 4,316
has been determined to be the perpetrator of the abusive act that 4,317
is the basis of an adjudication that a child is an abused child, 4,318
it may designate that parent as the residential parent and may 4,319
issue a shared parenting decree or order only if it determines 4,320
that it is in the best interest of the child to name that parent 4,321
the residential parent or to issue a shared parenting decree or 4,322
order and it makes specific written findings of fact to support 4,323
its determination. 4,324
(D)(1)(a) Upon the filing of a pleading or motion by 4,326
either parent or both parents, in accordance with division (G) of 4,327
this section, requesting shared parenting and the filing of a 4,328
shared parenting plan in accordance with that division, the court 4,329
shall comply with division (D)(1)(a)(i), (ii), or (iii) of this 4,330
104
section, whichever is applicable: 4,331
(i) If both parents jointly make the request in their 4,333
pleadings or jointly file the motion and also jointly file the 4,334
plan, the court shall review the parents' plan to determine if it 4,335
is in the best interest of the children. If the court determines 4,336
that the plan is in the best interest of the children, the court 4,337
shall approve it. If the court determines that the plan or any 4,338
part of the plan is not in the best interest of the children, the 4,339
court shall require the parents to make appropriate changes to 4,340
the plan to meet the court's objections to it. If changes to the 4,341
plan are made to meet the court's objections, and if the new plan 4,342
is in the best interest of the children, the court shall approve 4,343
the plan. If changes to the plan are not made to meet the 4,344
court's objections, or if the parents attempt to make changes to 4,345
the plan to meet the court's objections, but the court determines 4,346
that the new plan or any part of the new plan still is not in the 4,347
best interest of the children, the court may reject the portion 4,348
of the parents' pleadings or deny their motion requesting shared 4,349
parenting of the children and proceed as if the request in the 4,350
pleadings or the motion had not been made. The court shall not 4,351
approve a plan under this division unless it determines that the 4,352
plan is in the best interest of the children. 4,353
(ii) If each parent makes a request in his pleadings or 4,356
files a motion and each also files his own separate plan, the 4,357
court shall review each plan filed to determine if either is in 4,358
the best interest of the children. If the court determines that 4,359
one of the filed plans is in the best interest of the children, 4,360
the court may approve the plan. If the court determines that 4,361
neither filed plan is in the best interest of the children, the 4,362
court may order each parent to submit appropriate changes to his 4,364
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 4,365
parent to submit appropriate changes to the selected plan to meet 4,366
the court's objections. If changes to the plan or plans are 4,367
105
submitted to meet the court's objections, and if any of the filed 4,368
plans with the changes is in the best interest of the children, 4,369
the court may approve the plan with the changes. If changes to 4,370
the plan or plans are not submitted to meet the court's 4,371
objections, or if the parents submit changes to the plan or plans 4,372
to meet the court's objections but the court determines that none 4,373
of the filed plans with the submitted changes is in the best 4,374
interest of the children, the court may reject the portion of the 4,375
parents' pleadings or deny their motions requesting shared 4,376
parenting of the children and proceed as if the requests in the 4,377
pleadings or the motions had not been made. If the court 4,378
approves a plan under this division, either as originally filed 4,379
or with submitted changes, or if the court rejects the portion of 4,380
the parents' pleadings or denies their motions requesting shared 4,381
parenting under this division and proceeds as if the requests in 4,382
the pleadings or the motions had not been made, the court shall 4,383
enter in the record of the case findings of fact and conclusions 4,384
of law as to the reasons for the approval or the rejection or 4,385
denial. Division (D)(1)(b) of this section applies in relation 4,386
to the approval or disapproval of a plan under this division. 4,387
(iii) If each parent makes a request in his pleadings or 4,390
files a motion but only one parent files his own plan, or if only 4,392
one parent makes a request in his pleadings or files a motion and 4,394
also files a plan, the court in the best interest of the children 4,395
may order the other parent to file a plan for shared parenting in 4,396
accordance with division (G) of this section. The court shall 4,397
review each plan filed to determine if any plan is in the best 4,398
interest of the children. If the court determines that one of 4,399
the filed plans is in the best interest of the children, the 4,400
court may approve the plan. If the court determines that no 4,401
filed plan is in the best interest of the children, the court may 4,402
order each parent to submit appropriate changes to his own plan 4,404
or both of the filed plans to meet the court's objections or may 4,405
select one filed plan and order each parent to submit appropriate 4,406
106
changes to the selected plan to meet the court's objections. If 4,407
changes to the plan or plans are submitted to meet the court's 4,408
objections, and if any of the filed plans with the changes is in 4,409
the best interest of the children, the court may approve the plan 4,410
with the changes. If changes to the plan or plans are not 4,411
submitted to meet the court's objections, or if the parents 4,412
submit changes to the plan or plans to meet the court's 4,413
objections but the court determines that none of the filed plans 4,414
with the submitted changes is in the best interest of the 4,415
children, the court may reject the portion of the parents' 4,416
pleadings or deny the parents' motion or reject the portion of 4,417
the parents' pleadings or deny their motions requesting shared 4,418
parenting of the children and proceed as if the request or 4,419
requests or the motion or motions had not been made. If the 4,420
court approves a plan under this division, either as originally 4,421
filed or with submitted changes, or if the court rejects the 4,422
portion of the pleadings or denies the motion or motions 4,423
requesting shared parenting under this division and proceeds as 4,424
if the request or requests or the motion or motions had not been 4,425
made, the court shall enter in the record of the case findings of 4,426
fact and conclusions of law as to the reasons for the approval or 4,427
the rejection or denial. Division (D)(1)(b) of this section 4,428
applies in relation to the approval or disapproval of a plan 4,429
under this division. 4,430
(b) The approval of a plan under division (D)(1)(a)(ii) or 4,432
(iii) of this section is discretionary with the court. The court 4,433
shall not approve more than one plan under either division and 4,434
shall not approve a plan under either division unless it 4,435
determines that the plan is in the best interest of the children. 4,436
If the court, under either division, does not determine that any 4,437
filed plan or any filed plan with submitted changes is in the 4,438
best interest of the children, the court shall not approve any 4,439
plan. 4,440
(c) Whenever possible, the court shall require that a 4,442
107
shared parenting plan approved under division (D)(1)(a)(i), (ii), 4,443
or (iii) of this section ensure the opportunity for both parents 4,444
to have frequent and continuing contact with the child, unless 4,445
frequent and continuing contact with any parent would not be in 4,446
the best interest of the child. 4,447
(d)(1) If a court approves a shared parenting plan under 4,450
division (D)(E)(1)(a)(i), (ii), or (iii)(2) of this section 4,452
3109.42 OF THE REVISED CODE, the approved plan shall be 4,454
incorporated into a final shared parenting decree granting the 4,455
parents the shared parenting of the children. Any final shared 4,456
parenting decree shall be issued at the same time as and shall be 4,457
appended to the final decree of dissolution, divorce, annulment, 4,458
or legal separation arising out of the action out of which the 4,459
question of the allocation of parental rights PARENTING FUNCTIONS 4,460
and responsibilities for the care of the children arose. 4,461
(2) No provisional shared parenting decree shall be issued 4,463
in relation to any shared parenting plan approved under division 4,464
(D)(E)(1)(a)(i), (ii), or (iii)(2) of this section 3109.42 OF THE 4,466
REVISED CODE. A final shared parenting decree issued under this 4,467
division has immediate effect as a final decree on the date of 4,468
its issuance, subject to modification or termination as 4,469
authorized by this section.
(2) If the court finds, with respect to any child under 4,471
eighteen years of age, that it is in the best interest of the 4,472
child for neither parent to be designated the residential parent 4,473
and legal custodian of the child, it may commit the child to a 4,474
relative of the child or certify a copy of its findings, together 4,475
with as much of the record and the further information, in 4,476
narrative form or otherwise, that it considers necessary or as 4,477
the juvenile court requests, to the juvenile court for further 4,478
proceedings, and, upon the certification, the juvenile court has 4,479
exclusive jurisdiction. 4,480
(E)(1)(a) The court shall not modify a prior decree 4,482
allocating parental rights and responsibilities for the care of 4,483
108
children unless it finds, based on facts that have arisen since 4,484
the prior decree or that were unknown to the court at the time of 4,485
the prior decree, that a change has occurred in the circumstances 4,486
of the child, his residential parent, or either of the parents 4,488
subject to a shared parenting decree, and that the modification 4,489
is necessary to serve the best interest of the child. In 4,490
applying these standards, the court shall retain the residential 4,491
parent designated by the prior decree or the prior shared 4,492
parenting decree, unless a modification is in the best interest 4,493
of the child and one of the following applies: 4,494
(i) The residential parent agrees to a change in the 4,496
residential parent or both parents under a shared parenting 4,497
decree agree to a change in the designation of residential 4,498
parent.
(ii) The child, with the consent of the residential parent 4,500
or of both parents under a shared parenting decree, has been 4,501
integrated into the family of the person seeking to become the 4,502
residential parent. 4,503
(iii) The harm likely to be caused by a change of 4,505
environment is outweighed by the advantages of the change of 4,506
environment to the child. 4,507
(b) One or both of the parents under a prior decree 4,509
allocating parental rights and responsibilities for the care of 4,510
children that is not a shared parenting decree may file a motion 4,511
requesting that the prior decree be modified to give both parents 4,512
shared rights and responsibilities for the care of the children. 4,513
The motion shall include both a request for modification of the 4,514
prior decree and a request for a shared parenting order that 4,515
complies with division (G) of this section. Upon the filing of 4,516
the motion, if the court determines that a modification of the 4,517
prior decree is authorized under division (E)(1)(a) of this 4,518
section, the court may modify the prior decree to grant a shared 4,519
parenting order, provided that the court shall not modify the 4,520
prior decree to grant a shared parenting order unless the court 4,521
109
complies with divisions (A) and (D)(1) of this section and, in 4,522
accordance with those divisions, approves the submitted shared 4,523
parenting plan and determines that shared parenting would be in 4,524
the best interest of the children. 4,525
(2) In addition to a modification authorized under 4,527
division (E)(1) of this section: 4,528
(a) Both parents under a shared parenting decree jointly 4,530
may modify the terms of the plan for shared parenting approved by 4,531
the court and incorporated by it into the shared parenting 4,532
decree. Modifications under this division may be made at any 4,534
time. The modifications to the plan shall be filed jointly by 4,535
both parents with the court, and the court shall include them in 4,536
the plan, unless they are not in the best interest of the 4,537
children. If the modifications are not in the best interests of 4,538
the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed modifications 4,539
or the plan that are in the best interest of the children. 4,540
Modifications jointly submitted by both parents under a shared 4,541
parenting decree shall be effective, either as originally filed 4,542
or as modified by the court, upon their inclusion by the court in 4,544
the plan. Modifications to the plan made by the court shall be 4,545
effective upon their inclusion by the court in the plan.
(b) The court may modify the terms of the plan for shared 4,547
parenting approved by the court and incorporated by it into the 4,548
shared parenting decree upon its own motion at any time if the 4,549
court determines that the modifications are in the best interest 4,550
of the children or upon the request of one or both of the parents 4,552
under the decree. Modifications under this division may be made 4,553
at any time. The court shall not make any modification to the 4,554
plan under this division, unless the modification is in the best 4,555
interest of the children.
(c) The court may terminate a prior final shared parenting 4,557
decree that includes a shared parenting plan approved under 4,558
division (D)(1)(a)(i) of this section upon the request of one or 4,559
110
both of the parents or whenever it determines that shared 4,560
parenting is not in the best interest of the children. The court 4,561
may terminate a prior final shared parenting decree that includes 4,562
a shared parenting plan approved under division (D)(1)(a)(ii) or 4,563
(iii) of this section if it determines, upon its own motion or 4,564
upon the request of one or both parents, that shared parenting is 4,565
not in the best interest of the children. If modification of the 4,566
terms of the plan for shared parenting approved by the court and 4,567
incorporated by it into the final shared parenting decree is 4,568
attempted under division (E)(2)(a) of this section and the court 4,569
rejects the modifications, it may terminate the final shared 4,570
parenting decree if it determines that shared parenting is not in 4,571
the best interest of the children. 4,572
(d) Upon the termination of a prior final shared parenting 4,575
decree under division (E)(2)(c) of this section, the court shall 4,576
proceed and issue a modified decree for the allocation of 4,577
parental rights and responsibilities for the care of the children 4,578
under the standards applicable under divisions (A), (B), and (C) 4,579
of this section as if no decree for shared parenting had been 4,580
granted and as if no request for shared parenting ever had been 4,581
made.
(F)(1) In determining the best interest of a child 4,583
pursuant to this section, whether on an original decree 4,584
allocating parental rights and responsibilities for the care of 4,585
children or a modification of a decree allocating those rights 4,586
and responsibilities, the court shall consider all relevant 4,587
factors, including, but not limited to: 4,588
(a) The wishes of the child's parents regarding his care; 4,591
(b) If the court has interviewed the child in chambers 4,593
pursuant to division (B) of this section regarding the child's 4,594
wishes and concerns as to the allocation of parental rights and 4,595
responsibilities concerning the child, the wishes and concerns of 4,596
the child, as expressed to the court; 4,597
(c) The child's interaction and interrelationship with 4,599
111
his parents, siblings, and any other person who may significantly 4,600
affect the child's best interest; 4,601
(d) The child's adjustment to his home, school, and 4,603
community; 4,604
(e) The mental and physical health of all persons involved 4,606
in the situation; 4,607
(f) The parent more likely to honor and facilitate 4,609
visitation and companionship rights approved by the court; 4,610
(g) Whether either parent has failed to make all child 4,612
support payments, including all arrearages, that are required of 4,613
that parent pursuant to a child support order under which that 4,614
parent is an obligor; 4,615
(h) Whether either parent previously has been convicted of 4,617
or pleaded guilty to any criminal offense involving any act that 4,618
resulted in a child being an abused child or a neglected child; 4,619
whether either parent, in a case in which a child has been 4,620
adjudicated an abused child or a neglected child, previously has 4,621
been determined to be the perpetrator of the abusive or 4,622
neglectful act that is the basis of an adjudication; whether 4,623
either parent previously has been convicted of or pleaded guilty 4,624
to a violation of section 2919.25 of the Revised Code involving a 4,625
victim who at the time of the commission of the offense was a 4,626
member of the family or household that is the subject of the 4,627
current proceeding; whether either parent previously has been 4,628
convicted of or pleaded guilty to any offense involving a victim 4,629
who at the time of the commission of the offense was a member of 4,630
the family or household that is the subject of the current 4,631
proceeding and caused physical harm to the victim in the 4,632
commission of the offense; and whether there is reason to believe 4,633
that either parent has acted in a manner resulting in a child 4,634
being an abused child or a neglected child; 4,635
(i) Whether the residential parent or one of the parents 4,637
subject to a shared parenting decree has continuously and 4,638
willfully denied the other parent his or her right to visitation 4,640
112
in accordance with an order of the court; 4,641
(j) Whether either parent has established a residence, or 4,643
is planning to establish a residence, outside this state. 4,644
(2) In determining whether shared parenting is in the best 4,646
interest of the children, the court shall consider all relevant 4,647
factors, including, but not limited to, the factors enumerated in 4,648
division (F)(1) of this section, the factors enumerated in 4,649
division (B)(3) of section 3113.215 of the Revised Code, and all 4,650
of the following factors: 4,651
(a) The ability of the parents to cooperate and make 4,653
decisions jointly, with respect to the children; 4,654
(b) The ability of each parent to encourage the sharing of 4,656
love, affection, and contact between the child and the other 4,657
parent; 4,658
(c) Any history of, or potential for, child abuse, spouse 4,660
abuse, other domestic violence, or parental kidnapping by either 4,661
parent; 4,662
(d) The geographic proximity of the parents to each other, 4,664
as the proximity relates to the practical considerations of 4,665
shared parenting; 4,666
(e) The recommendation of the guardian ad litem of the 4,668
child, if the child has a guardian ad litem. 4,669
(3) When allocating parental rights and responsibilities 4,671
for the care of children, the court shall not give preference to 4,672
a parent because of that parent's financial status or condition. 4,673
(G) Either parent or both parents of any children may file 4,675
a pleading or motion with the court requesting the court to grant 4,676
both parents shared parental rights and responsibilities for the 4,677
care of the children in a proceeding held pursuant to division 4,678
(A) of this section. If a pleading or motion requesting shared 4,679
parenting is filed, the parent or parents filing the pleading or 4,680
motion also shall file with the court a plan for the exercise of 4,681
shared parenting by both parents. If each parent files a 4,682
pleading or motion requesting shared parenting but only one 4,683
113
parent files his own plan or if only one parent files a pleading 4,685
or motion requesting shared parenting and also files a plan, the 4,686
other parent as ordered by the court shall file with the court a 4,687
plan for the exercise of shared parenting by both parents. The 4,688
plan for shared parenting shall be filed with the petition for 4,689
dissolution of marriage, if the question of parental rights and 4,690
responsibilities for the care of the children arises out of an 4,691
action for dissolution of marriage, or, in other cases, at a time 4,692
at least thirty days prior to the hearing on the issue of the 4,693
parental rights and responsibilities for the care of the 4,694
children. A plan for shared parenting shall include provisions 4,695
covering all factors that are relevant to the care of the 4,696
children, including, but not limited to, provisions covering 4,697
factors such as physical living arrangements, child support 4,698
obligations, provision for the children's medical and dental 4,699
care, school placement, and the parent with which the children 4,700
will be physically located during legal holidays, school 4,701
holidays, and other days of special importance. 4,702
(H)(3) IN ALLOCATING THE PARENTING FUNCTIONS AND 4,704
RESPONSIBILITIES IN A PARENTING DECREE, THE COURT SHALL NOT DRAW 4,705
ANY PRESUMPTIONS FROM AN INTERIM PARENTING ORDER. 4,706
(4) If an appeal is taken from a decision of a court that 4,708
grants or modifies a PARENTING decree allocating parental rights 4,709
and responsibilities for the care of children, the court of 4,710
appeals shall give the case calendar priority and handle it 4,711
expeditiously. 4,712
(I) As used in this section, "abused child" has the same 4,714
meaning as in section 2151.031 of the Revised Code, and 4,715
"neglected child" has the same meaning as in section 2151.03 of 4,716
the Revised Code. 4,717
(J) As used in the Revised Code, "shared parenting" means 4,719
that the parents share, in the manner set forth in the plan for 4,720
shared parenting that is approved by the court under division 4,721
(D)(1) and described in division (K)(6) of this section, all or 4,722
114
some of the aspects of physical and legal care of their children. 4,724
(K) For purposes of the Revised Code: 4,726
(1) A parent who is granted the care, custody, and control 4,728
of a child under an order that was issued pursuant to this 4,729
section prior to April 11, 1991, and that does not provide for 4,730
shared parenting has "custody of the child" and "care, custody, 4,731
and control of the child" under the order, and is the 4,732
"residential parent," the "residential parent and legal 4,733
custodian," or the "custodial parent" of the child under the 4,734
order. 4,735
(2) A parent who primarily is allocated the parental 4,737
rights and responsibilities for the care of a child and who is 4,738
designated as the residential parent and legal custodian of the 4,739
child under an order that is issued pursuant to this section on 4,740
or after April 11, 1991, and that does not provide for shared 4,741
parenting has "custody of the child" and "care, custody, and 4,742
control of the child" under the order, and is the "residential 4,743
parent," the "residential parent and legal custodian," or the 4,744
"custodial parent" of the child under the order. 4,745
(3) A parent who is not granted custody of a child under 4,747
an order that was issued pursuant to this section prior to April 4,748
11, 1991, and that does not provide for shared parenting is the 4,749
"parent who is not the residential parent," the "parent who is 4,750
not the residential parent and legal custodian," or the 4,751
"noncustodial parent" of the child under the order. 4,752
(4) A parent who is not primarily allocated the parental 4,754
rights and responsibilities for the care of a child and who is 4,755
not designated as the residential parent and legal custodian of 4,756
the child under an order that is issued pursuant to this section 4,757
on or after April 11, 1991, and that does not provide for shared 4,758
parenting is the "parent who is not the residential parent," the 4,759
"parent who is not the residential parent and legal custodian," 4,760
or the "noncustodial parent" of the child under the order. 4,761
(5) Unless the context clearly requires otherwise, if an 4,763
115
order is issued by a court pursuant to this section and the order 4,764
provides for shared parenting of a child, both parents have 4,765
"custody of the child" or "care, custody, and control of the 4,766
child" under the order, to the extent and in the manner specified 4,767
in the order. 4,768
(6) Unless the context clearly requires otherwise and 4,770
except as otherwise provided in the order, if an order is issued 4,771
by a court pursuant to this section and the order provides for 4,772
shared parenting of a child, each parent, regardless of where the 4,773
child is physically located or with whom the child is residing at 4,774
a particular point in time, as specified in the order, is the 4,776
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child. 4,777
(7) Unless the context clearly requires otherwise and 4,779
except as otherwise provided in the order, a designation in the 4,780
order of a parent as the residential parent for the purpose of 4,781
determining the school the child attends, as the custodial parent 4,782
for purposes of claiming the child as a dependent pursuant to 4,783
section 152(e) of the "Internal Revenue Code of 1986," 100 Stat. 4,784
2085, 26 U.S.C.A. 1, as amended, or as the residential parent for
purposes of receiving public assistance pursuant to division 4,785
(A)(2) of this section, does not affect the designation pursuant 4,786
to division (K)(6) of this section of each parent as the 4,787
"residential parent," the "residential parent and legal 4,788
custodian," or the "custodial parent" of the child.
Sec. 3109.50. (A) AS USED IN THIS SECTION, "ABUSED CHILD" 4,790
HAS THE SAME MEANING AS IN SECTION 2151.031 OF THE REVISED CODE 4,791
AND "NEGLECTED CHILD" HAS THE SAME MEANING AS IN SECTION 2151.03 4,792
OF THE REVISED CODE.
(B) A COURT, WHEN MAKING AN ALLOCATION OF THE PARENTING 4,795
FUNCTIONS AND RESPONSIBILITIES WITH RESPECT TO A CHILD IN A 4,796
DIVORCE, DISSOLUTION, LEGAL SEPARATION, OR ANNULMENT PROCEEDING, 4,797
IN A PROCEEDING UNDER SECTION 3109.43 OF THE REVISED CODE FOR THE 4,798
ISSUANCE OF AN INTERIM PARENTING ORDER, IN A PROCEEDING UNDER 4,799
116
SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL 4,800
PROCEEDING, IN A PROCEEDING UNDER SECTION 3109.51 OF THE REVISED 4,802
CODE FOR MODIFICATION OF A PRIOR DECREE OR ORDER MAKING THE 4,804
ALLOCATION, OR IN A RELOCATION PROCEEDING UNDER SECTION 3109.57 4,805
OF THE REVISED CODE, MAY LIMIT A PARENT'S PHYSICAL CONTACT WITH 4,807
THE CHILD, AUTHORITY TO MAKE DECISIONS CONCERNING THE CUSTODY AND 4,808
CARE OF THE CHILD, ACCESS TO RECORDS RELATED TO THE CHILD, ACCESS 4,809
TO ACTIVITIES IN WHICH THE CHILD PARTICIPATES, ACCESS TO THE 4,810
DAY-CARE CENTER ATTENDED BY THE CHILD, THE RIGHT TO RECEIVE 4,811
NOTICE OF RELOCATION AND MOTION TO MODIFY A PARENTING DECREE 4,812
BECAUSE OF A CHANGE OF RESIDENCE, AND ANY OTHER ASPECT OF THE 4,813
RELATIONSHIP BETWEEN THE PARENT AND CHILD ON FINDING THAT THE 4,814
PARENT HAS DONE ANY OF THE FOLLOWING:
(1) WILLFULLY NEGLECTED OR SUBSTANTIALLY FAILED TO EXHIBIT 4,817
APPROPRIATE PARENTING BEHAVIOR;
(2) A LONG-TERM EMOTIONAL OR PHYSICAL IMPAIRMENT THAT 4,819
INTERFERES WITH THE EXERCISE OF APPROPRIATE PARENTING FUNCTIONS; 4,821
(3) A CHEMICAL DEPENDENCY THAT INTERFERES WITH THE 4,823
EXERCISE OF APPROPRIATE PARENTING FUNCTIONS; 4,824
(4) BEEN ABSENT FROM THE CHILD FOR AN EXTENDED PERIOD OF 4,826
TIME OR CAUSED A SUBSTANTIAL IMPAIRMENT OF THE EMOTIONAL TIES 4,827
BETWEEN THE PARENT AND THE CHILD BECAUSE OF THE PARENT'S ABSENCE; 4,829
(5) USED CONFLICT IN A MANNER THAT CREATES A DANGER OF 4,831
SERIOUS DAMAGE TO THE CHILD'S PSYCHOLOGICAL DEVELOPMENT; 4,832
(6) WITHHELD THE CHILD'S ACCESS TO THE OTHER PARENT FOR AN 4,835
EXTENDED PERIOD OF TIME WITHOUT GOOD CAUSE;
(7) ACTED IN A MANNER RESULTING IN A CHILD BEING AN ABUSED 4,838
OR NEGLECTED CHILD;
(8) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON WHO 4,841
HAS ACTED IN A MANNER RESULTING IN A CHILD BEING AN ABUSED OR 4,842
NEGLECTED CHILD;
(9) COMMITTED AN ACT OF DOMESTIC VIOLENCE AS DEFINED IN 4,844
SECTION 3113.31 OF THE REVISED CODE; 4,845
(10) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 4,847
117
UNDER SECTION 2919.25 OF THE REVISED CODE; 4,849
(11) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON 4,851
WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE UNDER 4,852
SECTION 2919.25 OF THE REVISED CODE; 4,853
(12) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 4,855
UNDER CHAPTER 2907. OF THE REVISED CODE; 4,858
(13) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON 4,860
WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE UNDER 4,862
CHAPTER 2907. OF THE REVISED CODE; 4,864
(14) BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF 4,867
SECTION 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, OR 2903.22 4,868
OF THE REVISED CODE; 4,869
(15) BEEN CONVICTED OF OR PLEADED GUILTY TO ANY CRIMINAL 4,871
OFFENSE INVOLVING ANY ACT THAT RESULTED IN A CHILD BEING AN 4,872
ABUSED OR NEGLECTED CHILD; 4,873
(16) BEEN FOUND TO BE THE PERPETRATOR OF AN ACT THAT 4,875
RESULTED IN A CHILD BEING ADJUDICATED AN ABUSED OR NEGLECTED 4,876
CHILD; 4,877
(17) CAUSED THE CHILD TO BE IN THE PRESENCE OF A PERSON 4,879
WHO HAS BEEN FOUND TO BE THE PERPETRATOR OF AN ACT THAT RESULTED 4,880
IN A CHILD BEING ADJUDICATED AN ABUSED OR NEGLECTED CHILD; 4,882
(18) COMMITTED ANY OTHER ACT OR HAS ANY OTHER IMPAIRMENT 4,884
OR CONDITION THAT WOULD IMPAIR THE PARENT'S ABILITY TO PERFORM 4,885
APPROPRIATE PARENTING BEHAVIOR. 4,886
(C) THE COURT MAY IMPOSE ANY LIMITATION DESCRIBED IN 4,889
DIVISION (B) OF THIS SECTION IN A PARENTING DECREE OR INTERIM 4,891
PARENTING ORDER IF, BASED ON A PREPONDERANCE OF THE EVIDENCE, THE 4,892
COURT FINDS THAT THE LIMITATION IS REASONABLY CALCULATED TO 4,893
PREVENT THE CHILD FROM BEING AN ABUSED OR NEGLECTED CHILD. A 4,894
COURT THAT FINDS THAT ANY OF THE FACTORS LISTED IN DIVISION (B) 4,895
OF THIS SECTION IS APPLICABLE MAY DECIDE NOT TO IMPOSE ANY 4,896
LIMITATION WITH RESPECT TO THE CHILD IF IT DETERMINES, BASED ON 4,898
CLEAR AND CONVINCING EVIDENCE, THAT THE PROBABILITY THAT THE 4,899
PARENT'S CONDUCT WILL RECUR IS REMOTE AND THAT THE CHILD IS NOT 4,900
118
IN DANGER OF BEING AN ABUSED OR NEGLECTED CHILD. A COURT THAT 4,901
DETERMINES THAT ONE OF THE FACTORS DESCRIBED IN DIVISION (B)(8), 4,902
(11), (13), OR (17) OF THIS SECTION IS APPLICABLE MAY DECIDE NOT 4,903
TO IMPOSE ANY LIMITATIONS WITH RESPECT TO THE CHILD IF THE COURT 4,904
DETERMINES, BASED ON CLEAR AND CONVINCING EVIDENCE, THAT THE 4,905
PROBABILITY THE CONDUCT OF THE PERSON DESCRIBED IN THOSE SECTIONS 4,907
WILL RECUR IS REMOTE AND THAT THE CHILD IS NOT IN DANGER OF BEING 4,908
AN ABUSED OR NEGLECTED CHILD.
A COURT THAT FINDS THAT ANY OF THE FACTORS LISTED IN 4,911
DIVISION (B)(7) TO (18) OF THIS SECTION IS APPLICABLE MAY 4,913
PROHIBIT IN A PARENTING DECREE OR INTERIM PARENTING ORDER ALL 4,914
PHYSICAL CONTACT WITH THE PARENT IF THE COURT DETERMINES, BASED 4,915
ON CLEAR AND CONVINCING EVIDENCE, THAT THE CHILD WOULD BE IN 4,916
DANGER OF BEING AN ABUSED OR NEGLECTED CHILD IF PHYSICAL CONTACT 4,917
WITH THAT PARENT IS PERMITTED. 4,918
(D) A COURT THAT INCLUDES ANY LIMITATION DESCRIBED IN 4,921
DIVISION (B) OF THIS SECTION IN AN INTERIM PARENTING ORDER SHALL 4,923
HOLD A HEARING NO LATER THAN TEN DAYS FOLLOWING THE ISSUANCE OF 4,924
THE INTERIM ORDER. AT THE HEARING, THE COURT SHALL DETERMINE 4,925
WHETHER THE LIMITATION SHOULD REMAIN PART OF THE INTERIM 4,926
PARENTING ORDER OR BE ELIMINATED. THE PARENTS MAY PRESENT 4,927
EVIDENCE AND BE REPRESENTED BY COUNSEL AT THE HEARING. 4,928
(E) IF THE COURT IMPOSES A LIMITATION IN A PARENTING 4,933
DECREE OR INTERIM PARENTING ORDER REQUIRING ALL CONTACT BETWEEN A 4,934
PARENT AND THE CHILD TO BE SUPERVISED, THE COURT SHALL EITHER 4,935
SELECT A PERSON TO SUPERVISE THE PHYSICAL CONTACT OR REQUIRE THE 4,936
PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE COURT 4,937
IS LOCATED TO PROVIDE SUPERVISION SERVICES UNDER DIVISION (E)(6) 4,938
OF SECTION 3113.31 OF THE REVISED CODE. THE COURT SHALL NOT 4,940
APPROVE A PERSON TO SUPERVISE PHYSICAL CONTACT UNLESS IT MAKES A 4,941
FINDING IN THE PARENTING DECREE OR INTERIM PARENTING ORDER THAT 4,942
THE PERSON AGREES TO STRICTLY COMPLY WITH THE PROVISIONS OF THE 4,943
DECREE OR ORDER AND THAT THE PERSON IS WILLING AND ABLE TO 4,944
PROTECT THE CHILD FROM HARM. THE COURT SHALL REVOKE APPROVAL OF 4,945
119
A PERSON TO SUPERVISE IF IT DETERMINES THAT THE PERSON IS NO 4,947
LONGER WILLING OR ABLE TO PROTECT THE CHILD OR HAS FAILED TO
PROTECT THE CHILD. 4,948
(F) IF A PARTY ALLEGES THAT ONE OR MORE OF THE FACTORS 4,951
DESCRIBED IN DIVISION (B)(1) TO (18) OF THIS SECTION IS 4,953
APPLICABLE TO A PARENT IN A PLEADING, MOTION, AFFIDAVIT, OR OTHER 4,954
PAPER FILED WITH THE COURT AND THE COURT DETERMINES THAT THE 4,955
ALLEGATION WAS MADE IN BAD FAITH OR WITHOUT A REASONABLE BASIS, 4,956
THE COURT SHALL AWARD ATTORNEY'S FEES AND ALL REASONABLE
LITIGATION EXPENSES TO THE OFFENDED PARTY WITHOUT REGARD TO NEED 4,957
OR ABILITY TO PAY. 4,958
Sec. 3109.51. (A) AS USED IN THIS SECTION, "PARENTING 4,961
DECREE" MEANS A PARENTING DECREE ISSUED PURSUANT TO SECTION 4,962
3109.49 OF THE REVISED CODE OR A SHARED PARENTING ORDER. 4,964
(B)(1) EXCEPT AS PROVIDED IN SECTION 3109.57 OF THE 4,967
REVISED CODE AND DIVISIONS (C), (D), AND (E) OF THIS SECTION, THE 4,971
COURT SHALL NOT MODIFY A PARENTING DECREE THAT WAS ISSUED LESS 4,974
THAN ONE YEAR PRIOR TO THE DATE MODIFICATION IS REQUESTED UNLESS 4,975
IT FINDS, BY CLEAR AND CONVINCING EVIDENCE BASED ON FACTS THAT 4,976
HAVE ARISEN SINCE THE DECREE WAS ISSUED OR THAT WERE UNKNOWN TO 4,977
THE COURT AT THE TIME THE DECREE WAS ISSUED, THAT A DRASTIC 4,978
CHANGE HAS OCCURRED IN THE CIRCUMSTANCES OF THE CHILD OR EITHER 4,979
OF THE PARENTS AND THAT THE MODIFICATION IS NECESSARY TO SERVE 4,980
THE BEST INTEREST OF THE CHILD. 4,981
(2) EXCEPT AS PROVIDED IN SECTION 3109.57 OF THE REVISED 4,985
CODE AND DIVISIONS (C), (D), AND (E) OF THIS SECTION, THE COURT 4,988
SHALL NOT MODIFY A PARENTING DECREE THAT WAS ISSUED ONE YEAR OR 4,991
MORE PRIOR TO THE DATE MODIFICATION IS REQUESTED UNLESS IT FINDS, 4,992
BY A PREPONDERANCE OF THE EVIDENCE BASED ON FACTS THAT HAVE 4,993
ARISEN SINCE THE DECREE WAS ISSUED OR THAT WERE UNKNOWN TO THE 4,994
COURT AT THE TIME THE DECREE WAS ISSUED, THAT A CHANGE HAS 4,995
OCCURRED IN THE CIRCUMSTANCES OF THE CHILD OR EITHER OF THE 4,996
PARENTS AND THAT THE MODIFICATION IS NECESSARY TO SERVE THE BEST 4,997
INTEREST OF THE CHILD.
120
(C) THE COURT MAY MAKE THE FOLLOWING MODIFICATIONS AT ANY 5,000
TIME ON ITS OWN MOTION OR ON THE REQUEST OF ONE OR BOTH OF THE 5,001
PARENTS: 5,002
(1) MODIFICATION PURSUANT TO SECTION 3113.21 TO 3113.219 5,004
OF THE REVISED CODE OF THE CHILD SUPPORT PROVISIONS OF A DECREE 5,006
ALLOCATING PARENTAL RIGHTS AND RESPONSIBILITIES PRIMARILY TO ONE 5,007
PARENT AND DESIGNATING THAT PARENT AS THE RESIDENTIAL PARENT OF 5,008
THE CHILD ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION OR 5,009
OF A PARENTING DECREE;
(2) MODIFICATION OF THE DISPUTE RESOLUTION PROCESS 5,011
DESIGNATED IN A PARENTING DECREE ISSUED PURSUANT TO SECTION 5,012
3109.49 OF THE REVISED CODE; 5,013
(3) MODIFICATION OF THE PROVISIONS OF A PARENTING DECREE 5,015
THAT GOVERN THE AMOUNT OF TIME EACH PARENT SPENDS WITH THE CHILD 5,017
IF THE MODIFICATION MEETS ALL OF THE FOLLOWING REQUIREMENTS: 5,018
(a) DOES NOT CHANGE THE RESIDENTIAL PARENT DESIGNATION OR 5,021
THE SCHOOL THE CHILD ATTENDS;
(b) DOES NOT EXCEED FIFTEEN DAYS IN A CALENDAR YEAR OR 5,024
THREE DAYS IN A CALENDAR MONTH;
(c) IS BASED ON AN INVOLUNTARY CHANGE IN A PARENT'S 5,027
EMPLOYMENT SCHEDULE MAKING THE TIME ALLOCATION PROVISIONS OF THE 5,028
PARENTING DECREE IMPRACTICAL.
(D) THE PARENTS UNDER A PARENTING DECREE MAY JOINTLY 5,031
MODIFY THE TERMS OF THE PARENTING PLAN APPROVED BY THE COURT AND 5,032
INCORPORATED BY IT INTO THE DECREE. MODIFICATIONS MAY BE MADE 5,033
UNDER THIS DIVISION AT ANY TIME. THE MODIFICATIONS TO THE PLAN 5,034
SHALL BE FILED JOINTLY WITH THE COURT BY THE PARENTS AND THE 5,035
COURT SHALL INCLUDE THEM IN THE PLAN, UNLESS THEY ARE NOT IN THE 5,036
BEST INTEREST OF THE CHILD. IF THE MODIFICATIONS ARE NOT IN THE 5,037
BEST INTEREST OF THE CHILD, THE COURT MAY REJECT THE 5,039
MODIFICATIONS OR MAKE MODIFICATIONS TO THE PROPOSED MODIFICATIONS 5,040
OR THE PLAN THAT ARE IN THE BEST INTEREST OF THE CHILD. 5,041
MODIFICATIONS JOINTLY SUBMITTED BY THE PARENTS SHALL BE
EFFECTIVE, EITHER AS ORIGINALLY FILED OR AS MODIFIED BY THE 5,042
121
COURT, ON THEIR INCLUSION BY THE COURT IN THE PLAN. 5,043
MODIFICATIONS TO THE PLAN MADE BY THE COURT SHALL BE EFFECTIVE ON 5,045
THEIR INCLUSION BY THE COURT IN THE PLAN.
(E) THE COURT MAY TERMINATE A PARENTING DECREE WHENEVER IT 5,048
DETERMINES THAT THE PARENTS SHOULD NOT BE ALLOCATED THE PARENTING 5,049
FUNCTIONS AND RESPONSIBILITIES FOR THE CHILD. IF MODIFICATION OF 5,050
A PARENTING DECREE IS ATTEMPTED UNDER DIVISION (C) OF THIS 5,052
SECTION AND THE COURT REJECTS THE MODIFICATIONS, IT MAY TERMINATE 5,053
THE PARENTING DECREE IF IT DETERMINES THAT THE PARENTS SHOULD NOT 5,054
BE ALLOCATED THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE 5,055
CHILD. ON THE TERMINATION OF A PARENTING DECREE, THE COURT SHALL 5,057
PROCEED PURSUANT TO DIVISION (A)(3) OF SECTION 3109.49 OF THE 5,059
REVISED CODE AS IF NO PARENTING DECREE HAD BEEN GRANTED. 5,060
Sec. 3109.06 3109.52. Any court, other than a juvenile 5,069
court, that has jurisdiction in any case respecting the 5,071
allocation of parental rights PARENTING FUNCTIONS and 5,072
responsibilities for the care of a child under eighteen years of 5,074
age and the designation of the child's place of residence and 5,075
legal custodian or in any case respecting the support of a child 5,076
under eighteen years of age, may, on its own motion or on motion 5,077
of any interested party, with the consent of the juvenile court, 5,078
certify the record in the case or so much of the record and such 5,079
further information, in narrative form or otherwise, as the court 5,080
deems necessary or the juvenile court requests, to the juvenile 5,081
court for further proceedings; upon the certification, the 5,082
juvenile court shall have exclusive jurisdiction. 5,083
In cases in which the court of common pleas finds the 5,085
parents unsuitable to have the parental rights PARENTING 5,086
FUNCTIONS and responsibilities for the care of the child or 5,088
children and unsuitable to provide the place of residence and to 5,089
be the legal custodian of the child or children, consent of the 5,090
juvenile court shall not be required to such certification. This 5,091
section applies to actions pending on August 28, 1951. 5,092
In any case in which a court of common pleas, or other 5,094
122
court having jurisdiction, has issued an order that allocates 5,095
parental rights and responsibilities UNDER FORMER SECTION 3109.04 5,096
OF THE REVISED CODE OR ALLOCATES PARENTING FUNCTIONS AND 5,097
RESPONSIBILITIES UNDER SECTIONS 3109.40 TO 3109.62 OF THE REVISED 5,098
CODE for the care of minor children and designates their place of 5,099
residence and legal custodian of minor children, has made an 5,100
order for support of minor children, or has done both, the 5,101
jurisdiction of the court shall not abate upon the death of the 5,102
person awarded custody but shall continue for all purposes during 5,103
the minority of the children, and the court, upon its own motion 5,104
or the motion of either parent or of any interested person acting 5,105
on behalf of the children, may proceed to make further 5,106
disposition of the case in the best interests of the children, or 5,107
if the children are under eighteen years of age, it may certify 5,108
them, pursuant to this section, to the juvenile court of any 5,109
county for further proceedings. After certification to a 5,110
juvenile court, the jurisdiction of the court of common pleas, or 5,111
other court, shall cease, except as to any payments of spousal 5,112
support due for the spouse and support payments due and unpaid 5,113
for the children at the time of the certification. 5,114
Any disposition made pursuant to this section, whether by a 5,116
juvenile court after a case is certified to it, or by any court 5,117
upon the death of a person awarded custody of a child, shall be 5,118
made in accordance with section 3109.04 SECTIONS 3109.40 TO 5,119
3109.62 of the Revised Code. If an appeal is taken from a 5,121
decision made pursuant to this section that allocates parental 5,122
rights PARENTING FUNCTIONS and responsibilities for the care of a 5,124
minor child and designates the child's place of residence and 5,125
legal custodian, the court of appeals shall give the case
calendar priority and handle it expeditiously. 5,126
Sec. 3109.53. (A)(1) THE PARENTS UNDER A DECREE ISSUED 5,129
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION THAT ALLOCATES 5,130
PARENTAL RIGHTS AND RESPONSIBILITIES FOR THE CARE OF A CHILD 5,131
PRIMARILY TO ONE PARENT AND NAMES THAT PARENT THE RESIDENTIAL 5,132
123
PARENT AND LEGAL CUSTODIAN OF THE CHILD MAY JOINTLY MODIFY THE 5,133
DECREE BY FILING WITH THE COURT A PROPOSED JOINT PARENTING PLAN 5,134
AS DESCRIBED IN DIVISION (A) OF SECTION 3109.42 OF THE REVISED 5,136
CODE.
(2) EITHER PARENT UNDER A DECREE ISSUED PRIOR TO THE 5,138
EFFECTIVE DATE OF THIS SECTION THAT ALLOCATES PARENTAL RIGHTS AND 5,140
RESPONSIBILITIES FOR THE CARE OF A CHILD PRIMARILY TO ONE PARENT 5,141
AND NAMES THAT PARENT THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN 5,142
OF THE CHILD MAY ASK THE COURT TO MODIFY THE DECREE BY FILING 5,143
WITH THE COURT A MOTION TO MODIFY THE DECREE AND A PARENTING PLAN 5,144
AS DESCRIBED IN DIVISION (B) OF SECTION 3109.42 OF THE REVISED 5,145
CODE.
(3) A PROPOSED PARENTING PLAN MAY BE FILED UNDER DIVISION 5,148
(A)(1) OR (2) OF THIS SECTION AT ANY TIME. SECTIONS 3109.40 TO 5,149
3109.62 OF THE REVISED CODE SHALL APPLY IN DETERMINING WHETHER 5,151
THE PARENTING PLAN IS APPROVED.
(B) A CUSTODY DECREE ISSUED PURSUANT TO FORMER SECTION 5,154
3109.04 OF THE REVISED CODE PRIOR TO THE EFFECTIVE DATE OF THIS 5,157
SECTION THAT ALLOCATED PARENTAL RIGHTS AND RESPONSIBILITIES FOR 5,158
THE CARE OF A CHILD IS NOT AFFECTED OR INVALIDATED BY SECTION 5,159
3109.49 OF THE REVISED CODE. ANY SUCH DECREE ISSUED PRIOR TO THE 5,160
EFFECTIVE DATE OF THIS SECTION SHALL REMAIN IN FULL FORCE AND 5,161
EFFECT, SUBJECT TO THE PROVISIONS OF SECTIONS 3109.40 TO 3109.62 5,162
OF THE REVISED CODE. 5,163
Sec. 3109.54. (A) PARENTS IN A DIVORCE, DISSOLUTION OF 5,166
MARRIAGE, LEGAL SEPARATION, OR ANNULMENT PROCEEDING INVOLVING A 5,167
MINOR CHILD OR IN A PROCEEDING TO ALLOCATE THE PARENTING 5,168
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD UNDER 5,169
SECTION 3109.62 OF THE REVISED CODE OR ANY OTHER ORIGINAL 5,170
PROCEEDING SHALL COMPLETE A PARENTING EDUCATION SEMINAR NO LATER 5,172
THAN FORTY-FIVE DAYS AFTER THE FILING OF THE ACTION OR SERVICE OF 5,173
PROCESS. FOR GOOD CAUSE SHOWN THE COURT MAY WAIVE THIS
REQUIREMENT OR EXTEND THE TIME PERIOD FOR A REASONABLE PERIOD OF 5,175
TIME. ON COMPLETION OF THE SEMINAR, EACH PARENT SHALL NOTIFY THE 5,176
124
COURT IN WRITING OF THE PARENT'S ATTENDANCE AND COMPLETION OF THE 5,178
SEMINAR. THE NOTICE SHALL BE MADE A PART OF THE RECORD IN THE 5,179
PROCEEDING. THE FAILURE OF A PARTY TO COMPLETE THE SEMINAR SHALL 5,180
BE CONSIDERED AN ADDITIONAL FACTOR THE COURT MUST CONSIDER IN 5,181
DETERMINING THE BEST INTEREST OF THE CHILD PURSUANT TO SECTION 5,182
3109.45 OF THE REVISED CODE WHEN ALLOCATING PARENTING FUNCTIONS 5,184
AND RESPONSIBILITIES FOR THE CARE OF THE CHILD. 5,185
(B)(1) IN EACH ACTION FOR DIVORCE, DISSOLUTION OF 5,188
MARRIAGE, LEGAL SEPARATION, OR ANNULMENT INVOLVING A MINOR CHILD 5,189
OR IN A PROCEEDING TO ALLOCATE THE PARENTING FUNCTIONS AND 5,190
RESPONSIBILITIES FOR THE CARE OF A CHILD UNDER SECTION 3109.62 OF 5,191
THE REVISED CODE OR ANY OTHER ORIGINAL PROCEEDING, THE CLERK OF 5,193
COURTS SHALL SEND ONE OF THE FOLLOWING BY REGULAR MAIL TO THE 5,195
PERSON INITIATING THE ACTION AND WITH THE SERVICE OF PROCESS ON 5,196
THE OTHER PARTY:
(a) A NOTICE OF THE DATE, TIME, AND LOCATION OF THE 5,198
SEMINAR THE PARENT IS REQUIRED TO ATTEND; 5,200
(b) A SCHEDULE OF THE DATES, TIMES, AND LOCATIONS OF THE 5,203
SEMINARS THE PARENT MAY ATTEND.
(2) IN EACH ACTION FOR DISSOLUTION OF MARRIAGE, THE CLERK 5,205
SHALL SEND BY REGULAR MAIL TO BOTH PARTIES EITHER THE NOTICE OR 5,206
SCHEDULE DESCRIBED IN DIVISIONS (B)(1)(a) AND (b) OF THIS 5,209
SECTION.
(3) A PARENT THAT RECEIVES A SCHEDULE DESCRIBED IN 5,211
DIVISION (B)(1)(b) OF THIS SECTION IS RESPONSIBLE FOR REGISTERING 5,214
FOR ONE OF THE SEMINARS LISTED IN THE SCHEDULE. 5,215
(C) THE SUPREME COURT MAY ESTABLISH A MINIMUM CURRICULUM 5,218
FOR THE PARENTING EDUCATION SEMINAR, WHICH SHALL BE UNIFORM 5,219
THROUGHOUT THE STATE. THE CURRICULUM SHALL INCLUDE INSTRUCTION 5,220
ON MEDIATION AND DISPUTE RESOLUTION. THE SUPREME COURT MAY 5,222
ESTABLISH STANDARDS FOR CERTIFYING PROVIDERS OF THE PARENTING 5,223
EDUCATION SEMINARS AND CERTIFY PROVIDERS THAT MEET THE STANDARDS. 5,224
EACH COURT OF COMMON PLEAS HAVING JURISDICTION OVER THE 5,225
PROCEEDINGS FOR WHICH THE SEMINAR IS REQUIRED MAY PRESCRIBE 5,226
125
SEMINAR CURRICULUM REQUIREMENTS AND CERTIFICATION STANDARDS FOR
SEMINAR PROVIDERS NOT INCONSISTENT WITH THE MINIMUM REQUIREMENTS 5,227
AND CERTIFICATION STANDARDS ESTABLISHED BY THE SUPREME COURT 5,228
PURSUANT TO THIS SECTION. IF THE STATE DOES NOT APPROPRIATE 5,230
SUFFICIENT FUNDS TO A COURT OF COMMON PLEAS TO OPERATE THE 5,231
SEMINARS, THE COMMON PLEAS COURT MAY TAX AS COSTS IN EACH 5,232
PROCEEDING DESCRIBED IN DIVISION (A) OF THIS SECTION A PORTION OF 5,234
THE EXPENSE OF PROVIDING THE SEMINAR.
Sec. 3109.55. (A)(1) PARENTS IN A PROCEEDING FOR DIVORCE, 5,237
DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, OR ANNULMENT INVOLVING 5,238
ONE OR MORE CHILDREN, AN ORIGINAL PROCEEDING FOR THE ALLOCATION 5,239
OF PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTION 5,240
3109.62 OF THE REVISED CODE OR ANY OTHER SECTION OF THE REVISED 5,242
CODE, OR A PROCEEDING FOR MODIFICATION OF A PRIOR DECREE 5,243
ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO 5,244
SECTION 3109.51 OF THE REVISED CODE SHALL ATTEND A MEDIATION 5,245
ASSESSMENT SCHEDULED BY THE COURT. THE COURT SHALL SCHEDULE THE 5,246
MEDIATION ASSESSMENT TO BEGIN ON A DATE THAT IS ON OR AFTER THE 5,247
COMPLETION OF THE PARENTING EDUCATION SEMINAR PURSUANT TO SECTION 5,249
3109.54 OF THE REVISED CODE, BUT NO LATER THAN SEVENTY-FIVE DAYS 5,250
AFTER THE COMMENCEMENT OF THE ACTION OR THE FILING OF THE MOTION 5,251
FOR MODIFICATION.
(2) THE COURT MAY EXCUSE A PARTY FROM MEDIATION ASSESSMENT 5,254
IF ONE OF THE FOLLOWING APPLIES:
(a) IN THE CASE OF A PROCEEDING FOR DIVORCE, LEGAL 5,257
SEPARATION, OR ANNULMENT, ONLY ONE PARENTING PLAN IS FILED IN THE 5,258
ACTION AND THAT PLAN IS CONSIDERED TO BE A JOINT PARENTING PLAN 5,259
PURSUANT TO DIVISION (A) OF SECTION 3109.42 OF THE REVISED CODE 5,261
AND THE PARENTS HAVE FILED WITH THE COURT AN AFFIDAVIT SIGNED BY 5,262
BOTH PARENTS STATING THAT THERE ARE NO ISSUES IN DISPUTE OR 5,263
ANTICIPATED TO BE IN DISPUTE REGARDING THE ALLOCATION OF 5,264
PARENTING FUNCTIONS AND RESPONSIBILITIES; 5,265
(b) IN THE CASE OF A PROCEEDING FOR DISSOLUTION OF 5,268
MARRIAGE, THE PARTIES HAVE FILED A PROPOSED JOINT PARENTING PLAN 5,269
126
PURSUANT TO DIVISION (A) OF SECTION 3109.42 OF THE REVISED CODE 5,271
AND HAVE FILED WITH THE COURT AN AFFIDAVIT SIGNED BY BOTH PARENTS 5,272
STATING THAT THERE ARE NO ISSUES IN DISPUTE OR ANTICIPATED TO BE 5,273
IN DISPUTE REGARDING THE ALLOCATION OF PARENTING FUNCTIONS AND 5,274
RESPONSIBILITIES; 5,275
(c) IN THE CASE OF A PROCEEDING TO MODIFY A PRIOR DECREE 5,278
ALLOCATING THE PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT 5,279
TO SECTION 3109.51 OF THE REVISED CODE, THE PARENTS HAVE JOINTLY 5,280
REQUESTED MODIFICATION OF THE PRIOR DECREE PURSUANT TO DIVISION 5,282
(C), (D), OR (E) OF SECTION 3109.51 OF THE REVISED CODE AND HAVE 5,285
FILED WITH THE COURT AN AFFIDAVIT SIGNED BY BOTH PARENTS STATING 5,286
THAT THERE ARE NO ISSUES IN DISPUTE OR ANTICIPATED TO BE IN 5,287
DISPUTE REGARDING THE ALLOCATION;
(d) THE COURT, ON A MOTION FILED BY EITHER PARTY NO LATER 5,290
THAN THIRTY DAYS PRIOR TO THE DATE OF THE MEDIATION ASSESSMENT, 5,291
FINDS THAT MEDIATION WOULD BE INAPPROPRIATE FOR ONE OF THE 5,292
FOLLOWING REASONS:
(i) THE PARENTS HAVE MEDIATED THE ISSUES IN DISPUTE WITHIN 5,295
THE LAST SIX MONTHS;
(ii) ONE OF THE PARENTS HAS A HISTORY OF CHILD ABUSE, 5,298
SPOUSAL ABUSE, OTHER DOMESTIC VIOLENCE, OR PARENTAL KIDNAPPING; 5,299
(iii) ONE OF THE PARENTS HAS A HISTORY OF SEVERE 5,302
PSYCHOLOGICAL OR EMOTIONAL PROBLEMS;
(iv) ONE OF THE PARENTS IS OUTSIDE OF THE JURISDICTION OF 5,305
THE COURT AND IS UNABLE TO OR REFUSES TO PARTICIPATE IN 5,306
MEDIATION;
(v) ANY OTHER RELEVANT FACTOR INDICATES THAT MEDIATION 5,309
WOULD BE INAPPROPRIATE.
THE PARENT MAKING THE MOTION UNDER DIVISION (A)(2)(d) OF 5,313
THIS SECTION HAS THE BURDEN TO PROVE THAT MEDIATION WOULD BE
INAPPROPRIATE. 5,314
(3) ON THE COMMENCEMENT OF A PROCEEDING DESCRIBED IN 5,316
DIVISION (A)(1) OF THIS SECTION, THE CLERK OF COURTS SHALL SEND 5,318
BY REGULAR MAIL TO EACH PARTY, A NOTICE THAT INCLUDES THE 5,319
127
FOLLOWING:
(a) THE DATE, TIME, AND PLACE OF THE MEDIATION ASSESSMENT; 5,322
(b) A DESCRIPTION OF THE MEDIATION PROCESS; 5,325
(c) A NOTICE OF THE SANCTIONS DESCRIBED IN DIVISION (B)(2) 5,328
OF THIS SECTION THAT MAY BE IMPOSED FOR FAILURE TO APPEAR AT THE 5,329
MEDIATION ASSESSMENT UNLESS ATTENDANCE AT THE ASSESSMENT IS 5,330
WAIVED PURSUANT TO DIVISION (A)(2) OF THIS SECTION. 5,332
(B)(1) THE MEDIATION ASSESSMENT SHALL BE CONDUCTED BY A 5,335
PERSON DESIGNATED BY THE COURT. THE ASSESSMENT SHALL CONSIST OF 5,336
AT LEAST ONE MEETING TO DETERMINE WHETHER ANY DISPUTE EXISTS 5,337
BETWEEN THE PARTIES WITH RESPECT TO THE ALLOCATION OF THE 5,338
PARENTING FUNCTIONS AND RESPONSIBILITIES FOR CARE OF THE CHILD, 5,339
THE NATURE OF ANY DISPUTE THAT EXISTS, AND WHETHER MEDIATION IS 5,340
APPROPRIATE TO RESOLVE THE DISPUTE. AS PART OF THE MEDIATION 5,341
ASSESSMENT, THE PERSON CONDUCTING THE ASSESSMENT SHALL EXPLAIN 5,342
THE MEDIATION PROCESS AND ITS POSSIBLE ADVANTAGES. 5,343
(2) IF EITHER PARTY FAILS TO ATTEND THE MEDIATION 5,346
ASSESSMENT, THE PERSON CONDUCTING IT SHALL TERMINATE THE 5,347
MEDIATION ASSESSMENT AND NOTIFY THE COURT OF THE FAILURE. A 5,348
PARTY NOT EXCUSED PURSUANT TO DIVISION (A)(2) OF THIS SECTION WHO 5,350
FAILS TO ATTEND WITHOUT GOOD CAUSE SHALL BE IN CONTEMPT OF COURT 5,351
AND THE COURT MAY CONSIDER THE FAILURE TO ATTEND AS A FACTOR WHEN 5,352
DETERMINING THE BEST INTEREST OF THE CHILD WITH RESPECT TO THE 5,353
ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE 5,354
CARE OF THE CHILD. IN ADDITION TO ANY SANCTIONS IMPOSED BY THE 5,355
COURT FOR CONTEMPT, THE COURT MAY ORDER THE PARTY WHO FAILED TO 5,356
ATTEND TO PAY THE COSTS OF THE MEDIATION ASSESSMENT SESSION, THE 5,358
REASONABLE ATTORNEY'S FEES OF THE OTHER PARTY, AND THE COURT
COSTS FOR THE CONTEMPT PROCEEDING. 5,359
(C)(1) AT THE COMPLETION OF THE MEDIATION ASSESSMENT, THE 5,362
PERSON DESIGNATED TO CONDUCT THE ASSESSMENT SHALL PREPARE A 5,363
WRITTEN REPORT AND FILE IT WITH THE COURT. THE PERSON SHALL SEND 5,364
COPIES OF THE REPORT TO THE PARENTS, THE GUARDIAN AD LITEM OF THE 5,365
CHILD, AND THE ATTORNEYS FOR THE PARENT AND THE CHILD. THE 5,366
128
REPORT SHALL STATE WHETHER A DISPUTE EXISTS CONCERNING THE 5,367
ALLOCATION OF THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR 5,368
THE CARE OF THE CHILD, THAT IF A DISPUTE EXISTS, THE NATURE OF 5,369
THE DISPUTE AND WHETHER MEDIATION WOULD BE APPROPRIATE TO SETTLE 5,370
THE DISPUTE, AND THAT IF MEDIATION IS APPROPRIATE, WHETHER THE 5,371
PARTIES HAVE AGREED TO PARTICIPATE IN MEDIATION. 5,372
(2) IF THE PARTIES AGREE TO PARTICIPATE IN MEDIATION, THE 5,374
REPORT SHALL CONTAIN A MEDIATION AGREEMENT BETWEEN THE PARENTS 5,375
THAT SPECIFIES THE FOLLOWING: 5,376
(a) THE NAME OF THE PERSON SELECTED BY THE PARTIES TO BE 5,379
THE MEDIATOR;
(b) THE SCHEDULE OF MEDIATION; 5,381
(c) THE TIME PERIOD IN WHICH THE MEDIATION PROCESS IS TO 5,384
BE COMPLETED;
(d) THE ISSUES TO BE ADDRESSED IN MEDIATION. 5,387
ON RECEIPT OF THE REPORT, THE COURT SHALL ISSUE AN ORDER 5,389
REQUIRING THE PARTIES TO PARTICIPATE IN MEDIATION CONSISTENT WITH 5,391
THE AGREEMENT CONTAINED IN THE REPORT.
(3) THE ATTORNEYS FOR EACH PARTY MAY ATTEND AND 5,393
PARTICIPATE IN THE MEDIATION SESSIONS. ON THE REQUEST OF EITHER 5,394
PARTY, THE GUARDIAN AD LITEM AND ATTORNEY FOR THE CHILD MAY 5,395
ATTEND AND PARTICIPATE IN THE MEDIATION SESSIONS. NO OTHER 5,396
PERSON MAY ATTEND AND PARTICIPATE IN MEDIATION SESSIONS UNLESS 5,397
THE MEDIATOR AND BOTH PARTIES AGREE. 5,398
(4) IF THE STATE DOES NOT APPROPRIATE SUFFICIENT FUNDS TO 5,400
A COURT OF COMMON PLEAS TO PAY FOR THE COST OF MEDIATION 5,401
ASSESSMENTS AND NO MORE THAN TWO MEDIATION SESSIONS PURSUANT TO 5,402
ANY PROCEEDING DESCRIBED IN DIVISION (A)(1) OF THIS SECTION, THE 5,404
COURT SHALL ORDER THE PARENTS TO PAY THE COST OF THE MEDIATION 5,406
ASSESSMENT AND MEDIATION SESSIONS. IF THE PARENTS PARTICIPATE IN 5,407
MORE THAN TWO MEDIATION SESSIONS, THE COURT SHALL ORDER THE 5,408
PARENTS TO PAY THE COST OF THE THIRD AND SUBSEQUENT MEDIATION
SESSIONS. THE COURT SHALL ALLOCATE BETWEEN THE PARENTS THE COSTS 5,410
THE COURT ORDERS THE PARENTS TO PAY PURSUANT TO DIVISION (C)(4) 5,412
129
OF THIS SECTION.
(D)(1) AT THE CONCLUSION OF THE MEDIATION PROCESS, THE 5,415
MEDIATOR SHALL SUBMIT A REPORT OF THE RESULTS OF THE MEDIATION TO 5,416
THE COURT. THE REPORT SHALL INDICATE WHETHER ANY AGREEMENT, FULL 5,417
OR PARTIAL, HAD BEEN REACHED CONCERNING THE ISSUES ADDRESSED IN 5,418
THE MEDIATION. NO MEDIATION REPORT SHALL CONTAIN ANY BACKGROUND 5,419
INFORMATION CONCERNING THE MEDIATION PROCESS OR ANY INFORMATION 5,420
DISCUSSED OR PRESENTED IN THE PROCESS. ANY MEMORANDUM OF 5,421
UNDERSTANDING CONTAINING THE AGREEMENTS REACHED THROUGH MEDIATION 5,423
SHALL BE SENT ONLY TO THE PARTIES AND THEIR ATTORNEYS. 5,424
(2) AT ANY TIME WHILE THE PROCEEDING DESCRIBED IN DIVISION 5,427
(A)(1) OF THIS SECTION IS PENDING, THE PARTIES MAY AGREE TO 5,429
COMMENCE OR RESUME MEDIATION.
(3) THE MEDIATOR SHALL NOT BE MADE A PARTY TO, AND SHALL 5,432
NOT BE CALLED AS A WITNESS TO TESTIFY IN, ANY ACTION OR 5,433
PROCEEDING, OTHER THAN A CRIMINAL, DELINQUENCY, CHILD ABUSE, 5,434
CHILD NEGLECT, OR DEPENDENT CHILD ACTION OR PROCEEDING, BROUGHT 5,435
BY OR AGAINST EITHER PARENT THAT PERTAINS TO THE MEDIATION 5,436
PROCESS, TO ANY INFORMATION DISCUSSED OR PRESENTED IN THE 5,437
MEDIATION PROCESS, OR TO THE ALLOCATION OF PARENTING FUNCTIONS 5,438
AND RESPONSIBILITIES FOR THE CARE OF THE PARENTS' CHILDREN. THE 5,439
MEDIATOR SHALL NOT BE MADE A PARTY TO, OR BE CALLED AS A WITNESS 5,440
OR TESTIFY IN, SUCH AN ACTION OR PROCEEDING EVEN IF BOTH PARENTS 5,441
GIVE THEIR PRIOR CONSENT. 5,442
(E) THIS SECTION DOES NOT APPLY TO EITHER OF THE 5,445
FOLLOWING:
(1) ANY PROCEEDING, OR THE USE OF MEDIATION IN ANY 5,447
PROCEEDING THAT IS NOT A PROCEEDING FOR DIVORCE, DISSOLUTION OF 5,448
MARRIAGE, LEGAL SEPARATION, ANNULMENT, AN ORIGINAL PROCEEDING FOR 5,450
THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR 5,451
THE CARE OF A CHILD PURSUANT TO SECTION 3109.62 OF THE REVISED 5,452
CODE OR ANY OTHER SECTION OF THE REVISED CODE, OR A PROCEEDING 5,453
FOR THE MODIFICATION OF A PRIOR DECREE FOR THE ALLOCATION OF 5,454
PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF A CHILD 5,455
130
PURSUANT TO SECTION 3109.51 OF THE REVISED CODE; 5,457
(2) THE USE OF MEDIATION IN ANY PROCEEDING FOR DIVORCE, 5,459
DISSOLUTION OF MARRIAGE, LEGAL SEPARATION, ANNULMENT, AN ORIGINAL 5,461
PROCEEDING FOR THE ALLOCATION OF PARENTING FUNCTIONS AND 5,462
RESPONSIBILITIES FOR THE CARE OF A CHILD PURSUANT TO SECTION
3109.62 OF THE REVISED CODE OR ANY OTHER SECTION OF THE REVISED 5,464
CODE, OR A PROCEEDING FOR THE MODIFICATION OF A PRIOR DECREE FOR 5,465
THE ALLOCATION OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR 5,466
THE CARE OF A CHILD PURSUANT TO SECTION 3109.51 OF THE REVISED 5,468
CODE, IN RELATION TO ISSUES OTHER THAN THE APPROPRIATE ALLOCATION 5,469
OF PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE 5,470
PARENTS' CHILDREN.
(F) THE SUPREME COURT MAY ESTABLISH MINIMUM QUALIFICATION 5,473
STANDARDS THAT A PERSON MUST MEET TO ACT AS A MEDIATOR PURSUANT 5,474
TO THIS SECTION. EACH COURT OF COMMON PLEAS MAY ESTABLISH 5,475
QUALIFICATIONS THAT ARE NOT INCONSISTENT WITH THE QUALIFICATIONS 5,476
ESTABLISHED BY THE SUPREME COURT. EACH COURT OF COMMON PLEAS 5,477
SHALL CERTIFY EACH MEDIATOR WHO MEETS THE QUALIFICATIONS 5,478
ESTABLISHED BY THE SUPREME COURT AND THAT COURT OF COMMON PLEAS 5,479
TO PROVIDE MEDIATION SERVICES IN THE COUNTY SERVED BY THE COURT. 5,480
ANY PERSON WHO MEETS THE QUALIFICATIONS ESTABLISHED PURSUANT TO 5,481
THIS DIVISION MAY BE CERTIFIED AS A MEDIATOR. 5,483
Sec. 3109.56. (A) AS USED IN THIS SECTION: 5,486
(1) "RECORD" MEANS ANY RECORD, DOCUMENT, FILE, OR OTHER 5,488
MATERIAL THAT CONTAINS INFORMATION DIRECTLY RELATED TO A CHILD, 5,489
INCLUDING ALL OF THE FOLLOWING: 5,490
(a) RECORDS MAINTAINED BY PUBLIC AND NONPUBLIC SCHOOLS; 5,493
(b) RECORDS MAINTAINED BY FACILITIES THAT PROVIDE CHILD 5,496
DAY-CARE, AS DEFINED IN SECTION 5104.01 OF THE REVISED CODE, OR 5,497
PRE-SCHOOL SERVICES OPERATED BY OR UNDER THE SUPERVISION OF A 5,498
SCHOOL DISTRICT BOARD OF EDUCATION OR A NONPUBLIC SCHOOL; 5,499
(c) RECORDS MAINTAINED BY HOSPITALS, OTHER HEALTH CARE 5,502
FACILITIES, OR PERSONS PROVIDING MEDICAL OR SURGICAL CARE OR 5,503
TREATMENT FOR THE CHILD;
131
(d) RECORDS MAINTAINED BY AGENCIES, DEPARTMENTS, 5,506
INSTRUMENTALITIES, OR OTHER ENTITIES OF THE STATE OR ANY 5,507
POLITICAL SUBDIVISION OF THE STATE, OTHER THAN A CHILD SUPPORT 5,508
ENFORCEMENT AGENCY. ACCESS TO RECORDS MAINTAINED BY A CHILD 5,509
SUPPORT ENFORCEMENT AGENCY IS GOVERNED BY DIVISION (G)(2) OF 5,510
SECTION 2301.35 OF THE REVISED CODE. 5,511
(2) "CONFIDENTIAL LAW ENFORCEMENT INVESTIGATORY RECORD" 5,513
HAS THE SAME MEANING AS IN SECTION 149.43 OF THE REVISED CODE. 5,515
(B)(1) SUBJECT TO DIVISION (G)(2) OF SECTION 2301.35, 5,518
DIVISION (F) OF SECTION 3319.321, AND SECTION 5104.011 OF THE 5,521
REVISED CODE, EACH PARENT SHALL HAVE ACCESS TO ANY RECORD RELATED 5,522
TO THE PARENT'S CHILD, ANY CHILD DAY-CARE CENTER THAT IS, OR THAT 5,523
IN THE FUTURE MAY BE, ATTENDED BY THAT CHILD, AND ANY STUDENT 5,524
ACTIVITY THAT IS RELATED TO THE CHILD UNDER THE SAME TERMS AND 5,525
CONDITIONS THAT ANY PARENT OF A CHILD WOULD BE LEGALLY PROVIDED 5,526
ACCESS, UNLESS ACCESS BY A PARENT IS LIMITED OR PROHIBITED UNDER 5,527
AN ORDER ISSUED UNDER FORMER SECTION 3109.051 OF THE REVISED CODE 5,529
GRANTING COMPANIONSHIP AND VISITATION RIGHTS WITH RESPECT TO A 5,530
CHILD OR UNDER A PARENTING DECREE PURSUANT TO SECTION 3109.50 OF 5,531
THE REVISED CODE. 5,532
(2) WITH RESPECT TO RECORDS PERTAINING TO THE CHILD, THE 5,534
PROSECUTING ATTORNEY OF ANY COUNTY MAY FILE A COMPLAINT WITH THE 5,535
COURT OF COMMON PLEAS OF THAT COUNTY ASKING THE COURT TO ISSUE A 5,537
PROTECTIVE ORDER PREVENTING THE DISCLOSURE OF ANY CONFIDENTIAL 5,538
LAW ENFORCEMENT INVESTIGATORY RECORD. THE COURT SHALL SCHEDULE A 5,539
HEARING ON THE MOTION AND GIVE NOTICE OF THE DATE, TIME, AND 5,540
LOCATION OF THE HEARING TO ALL PARTIES.
(C) ANY PERSON WHO KNOWINGLY FAILS TO COMPLY WITH DIVISION 5,543
(B)(1) OF THIS SECTION IS IN CONTEMPT OF COURT. IF THE COURT 5,546
FINDS A PERSON IN CONTEMPT OF COURT FOR FAILING TO COMPLY WITH
DIVISION (B)(1) OF THIS SECTION, THE COURT, IN ADDITION TO ANY 5,547
OTHER PENALTY OR REMEDY IMPOSED, SHALL ASSESS ALL COURT COSTS 5,548
ARISING OUT OF THE CONTEMPT PROCEEDING AGAINST THE PERSON AND 5,549
REQUIRE THE PERSON TO PAY REASONABLE ATTORNEY'S FEES OF ANY 5,550
132
ADVERSE PARTY, AS DETERMINED BY THE COURT WITHOUT REGARD TO 5,551
ABILITY TO PAY, THAT AROSE IN RELATIONSHIP TO THE ACT OF 5,552
CONTEMPT.
Sec. 3109.57. (A) AS USED IN THIS SECTION AND IN SECTIONS 5,555
3109.58 AND 3109.581 OF THE REVISED CODE, "PARENTING DECREE"
MEANS A PARENTING DECREE ISSUED PURSUANT TO SECTION 3109.49 OF 5,556
THE REVISED CODE OR A SHARED PARENTING ORDER. 5,557
(B) IF A PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN 5,560
THE RESIDENCE SPECIFIED IN THE PARENTING DECREE AND THE NEW 5,561
RESIDENCE IS IN THE SAME COUNTY OR A CONTIGUOUS COUNTY, THE 5,563
PARENT SHALL FILE WITH THE COURT NO LATER THAN THREE DAYS PRIOR 5,564
TO THE DATE THE PARENT INTENDS TO MOVE, A NOTICE OF RELOCATION 5,565
THAT INCLUDES THE NEW RESIDENCE ADDRESS AND TELEPHONE NUMBER. 5,566
THE COURT SHALL SERVE A COPY OF THE NOTICE ON THE OTHER PARENT, 5,567
UNLESS THE OTHER PARENT HAS BEEN PROHIBITED PURSUANT TO SECTION 5,568
3109.50 OF THE REVISED CODE FROM RECEIVING THE NOTICE OF 5,569
RELOCATION. NO FEE MAY BE IMPOSED FOR FILING THE NOTICE REQUIRED 5,571
BY THIS DIVISION.
(C) IF A PARENT INTENDS TO MOVE TO A RESIDENCE OTHER THAN 5,574
THE RESIDENCE SPECIFIED IN THE PARENTING DECREE AND THE NEW 5,575
RESIDENCE IS NOT IN THE SAME COUNTY AS OR A CONTIGUOUS COUNTY, 5,576
THE PARENT SHALL FILE WITH THE COURT NO LATER THAN THIRTY DAYS 5,577
PRIOR TO THE INTENDED DATE OF THE MOVE A NOTICE THAT INCLUDES THE 5,579
NEW RESIDENCE ADDRESS AND TELEPHONE NUMBER. AT THE TIME OF 5,580
FILING THE NOTICE, THE PARENT SHALL FILE A MOTION REQUESTING 5,581
MODIFICATION OF THE PARENTING DECREE AND A PROPOSED MODIFIED 5,583
PARENTING PLAN THAT SETS FORTH THE ALLOCATION OF PARENTING 5,584
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD AND 5,585
MEETS THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE. 5,586
(D)(1) EXCEPT AS PROVIDED IN DIVISIONS (D)(2) AND (3) OF 5,590
THIS SECTION, THE COURT SHALL, NO LATER THAN FIVE DAYS AFTER THE 5,591
DATE THEY ARE FILED WITH THE COURT, SEND COPIES OF THE NOTICE, 5,593
MOTION, AND PLAN TO THE OTHER PARENT. 5,594
(2) IF A COURT HAS DETERMINED PURSUANT TO SECTION 3109.50 5,596
133
OF THE REVISED CODE THAT A PARENT IS NOT TO RECEIVE A COPY OF THE 5,598
NOTICE, MOTION, AND PLAN DESCRIBED IN DIVISION (C) OF THIS 5,599
SECTION, THE COURT SHALL NOT SEND COPIES PURSUANT TO DIVISION 5,601
(D)(1) OF THIS SECTION UNLESS THE COURT DETERMINES THAT IT IS IN 5,602
THE BEST INTEREST OF THE CHILD TO GIVE A COPY OF THE NOTICE, 5,603
MOTION, AND PLAN TO THAT PARENT, ISSUES AN ORDER STATING THAT THE 5,604
PARENT WILL BE GIVEN COPIES, AND MAKES SPECIFIC FINDINGS OF FACT 5,606
AND CONCLUSIONS OF LAW SUPPORTING ITS DETERMINATION AND ENTERS 5,607
THEM ON THE RECORD. 5,608
(3) IF A COURT HAS NOT IMPOSED A PROHIBITION PURSUANT TO 5,610
SECTION 3109.50 OF THE REVISED CODE PREVENTING A PARENT FROM 5,611
RECEIVING A COPY OF THE NOTICE, MOTION, AND PLAN DESCRIBED IN 5,612
DIVISION (C) OF THIS SECTION BUT THE PARENT WHO INTENDS TO 5,614
RELOCATE DOES NOT WANT THE OTHER PARENT TO RECEIVE A COPY OF THE 5,615
NOTICE, MOTION, AND PLAN BECAUSE ONE OF THE FACTORS LISTED IN 5,616
DIVISIONS (A)(8) TO (17) OF SECTION 3109.50 OF THE REVISED CODE 5,618
ARE APPLICABLE WITH RESPECT TO THE OTHER PARENT, THE PARENT 5,619
INTENDING TO RELOCATE MAY FILE A MOTION WITH THE COURT REQUESTING 5,620
THAT THE OTHER PARENT NOT RECEIVE A COPY OF THE NOTICE, MOTION, 5,621
AND PLAN. ON THE FILING OF THE MOTION, THE COURT SHALL SCHEDULE 5,623
A HEARING ON THE MOTION AND GIVE BOTH PARENTS NOTICE OF THE DATE, 5,624
TIME, AND LOCATION OF THE HEARING. IF THE COURT DETERMINES THAT 5,625
ONE OF THE FACTORS LISTED IN DIVISION (A)(8) TO (17) OF SECTION 5,626
3109.50 OF THE REVISED CODE APPLIES WITH RESPECT TO THE OTHER 5,628
PARENT, THE COURT SHALL ISSUE AN ORDER THAT THE OTHER PARENT IS 5,629
NOT TO RECEIVE A COPY OF THE NOTICE, MOTION, OR PLAN PURSUANT TO 5,630
DIVISION (D)(1) OF THIS SECTION, UNLESS THE COURT DETERMINES THAT 5,632
IT IS IN THE BEST INTEREST OF THE CHILD THAT THE OTHER PARENT BE 5,633
GIVEN COPIES, ISSUES AN ORDER STATING THAT THE PARENT WILL BE 5,634
GIVEN COPIES, AND ISSUES SPECIFIC FINDINGS OF FACT AND 5,635
CONCLUSIONS OF LAW SUPPORTING ITS DETERMINATION AND ENTERS THEM 5,636
ON THE RECORD. IF THE COURT FINDS THAT NONE OF THE FACTORS 5,637
LISTED IN DIVISIONS (A)(8) TO (17) OF SECTION 3109.50 OF THE 5,639
REVISED CODE APPLY TO THE OTHER PARENT, THE COURT SHALL DISMISS 5,640
134
THE MOTION FILED UNDER DIVISION (D)(3) OF THIS SECTION. 5,641
(E)(1) A PARENT HAS FOURTEEN DAYS FROM RECEIPT OF THE 5,643
NOTICE, MOTION, AND PLAN TO OBJECT TO THE PROPOSED MODIFIED 5,644
PARENTING PLAN. A PARENT WHO FAILS TO MAKE A TIMELY OBJECTION 5,646
SHALL BE CONSIDERED IN AGREEMENT WITH THE PROPOSED MODIFIED 5,647
PARENTING PLAN AND THE COURT SHALL TREAT THE PLAN AS IF IT WAS 5,648
JOINTLY PROPOSED BY THE PARTIES. OBJECTION MAY BE MADE BY FILING 5,649
A MOTION TO MODIFY THE PARENTING ORDER OR DECREE BECAUSE OF THE 5,650
RELOCATION OF A PARENT. THE MOTION SHALL BE ACCOMPANIED BY A 5,651
PROPOSED MODIFIED PARENTING PLAN THAT ALLOCATES THE PARENTING 5,652
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF THE CHILD THAT 5,653
COMPLIES WITH THE REQUIREMENTS OF SECTION 3109.44 OF THE REVISED 5,654
CODE. AT THE TIME THE COURT SENDS COPIES OF THE NOTICE, MOTION, 5,655
AND PLAN TO THE OTHER PARENT PURSUANT TO DIVISION (D)(1) OF THIS 5,657
SECTION, THE COURT SHALL SEND AN ADDITIONAL NOTICE STATING THE 5,658
FOLLOWING: "YOU HAVE FOURTEEN DAYS FROM THE RECEIPT OF THIS 5,659
NOTICE TO OBJECT TO THE NOTICE OF INTENT TO RELOCATE, THE MOTION 5,660
TO MODIFY THE PARENTING DECREE BECAUSE OF THE RELOCATION OF A 5,661
PARENT, AND THE PROPOSED MODIFIED PARENTING PLAN FILED BY THE 5,662
PARENT INTENDING TO RELOCATE. YOU MAY OBJECT BY FILING YOUR OWN 5,663
MOTION TO MODIFY THE PARENTING DECREE OR ORDER AND PROPOSED 5,665
MODIFIED PARENTING PLAN. IF YOU FAIL TO OBJECT WITHIN THE 5,666
FOURTEEN-DAY TIME PERIOD, YOU WILL BE PRESUMED TO BE IN AGREEMENT 5,667
WITH THE PROPOSED MODIFIED PARENTING PLAN FILED BY THE PARENT 5,668
INTENDING TO RELOCATE AND THE COURT SHALL CONSIDER THAT PLAN TO 5,669
BE JOINTLY PROPOSED BY THE PARENTS." 5,670
(2) IF THE OTHER PARENT FAILS TO MAKE A TIMELY OBJECTION 5,672
TO THE NOTICE, MOTION, AND PLAN DESCRIBED IN DIVISION (C) OF THIS 5,674
SECTION, THE COURT SHALL REVIEW THE PROPOSED MODIFIED PARENTING 5,675
PLAN OF THE PARENT INTENDING TO RELOCATE TO DETERMINE WHETHER IT 5,676
IS IN THE BEST INTEREST OF THE CHILD. IF IT DETERMINES THAT THE 5,677
PLAN IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL 5,678
APPROVE IT. IF THE COURT DETERMINES THAT THE PLAN OR ANY PART OF 5,679
THE PLAN IS NOT IN THE BEST INTEREST OF THE CHILD, IT SHALL 5,680
135
REQUIRE THE PARENTS TO MAKE APPROPRIATE CHANGES TO THE PLAN TO 5,681
MEET THE COURT'S OBJECTIONS. IF CHANGES ARE MADE AND THE NEW 5,683
PLAN IS IN THE BEST INTEREST OF THE CHILD, THE COURT SHALL 5,684
APPROVE THE PLAN. IF CHANGES TO THE PLAN THAT MEET THE COURT'S 5,685
OBJECTIONS ARE NOT MADE, THE COURT MAY REJECT THE PARENTING PLAN. 5,686
IF THE COURT REJECTS THE PROPOSED MODIFIED PARENTING PLAN, THE 5,687
COURT SHALL APPROVE ITS OWN PLAN, WHICH SHALL COMPLY WITH THE 5,688
REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE. THE COURT 5,689
SHALL NOT APPROVE ANY PLAN UNDER THIS DIVISION UNLESS IT 5,690
DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE CHILD. 5,692
THE COURT SHALL ENTER IN THE RECORD OF THE CASE FINDINGS OF FACT 5,693
AND CONCLUSIONS OF LAW AS TO THE REASONS FOR THE APPROVAL OR 5,694
REJECTION OF THE PLAN. 5,695
(3) IF THE OTHER PARENT MAKES A TIMELY OBJECTION PURSUANT 5,697
TO THIS SECTION, THE COURT SHALL REVIEW EACH PLAN FILED TO 5,698
DETERMINE WHETHER EITHER IS IN THE BEST INTEREST OF THE CHILD. 5,699
IF THE COURT DETERMINES THAT ONE OF THE PLANS IS IN THE BEST 5,700
INTEREST OF THE CHILD, IT MAY APPROVE THE PLAN. IF IT DETERMINES 5,702
THAT NEITHER PLAN IS IN THE BEST INTEREST OF THE CHILD, THE COURT 5,703
MAY ORDER EACH PARENT TO SUBMIT APPROPRIATE CHANGES TO THE 5,704
PARENT'S PLAN OR BOTH OF THE PLANS TO MEET THE COURT'S 5,705
OBJECTIONS, OR MAY SELECT ONE OF THE PLANS AND ORDER EACH PARENT 5,706
TO SUBMIT APPROPRIATE CHANGES TO THE SELECTED PLAN TO MEET THE 5,707
COURT'S OBJECTIONS. IF CHANGES ARE SUBMITTED TO MEET THE COURT'S 5,708
OBJECTIONS AND ANY OF THE PLANS WITH THE CHANGES IS IN THE BEST 5,710
INTEREST OF THE CHILD, THE COURT MAY APPROVE THE PLAN WITH THE 5,711
CHANGES. IF CHANGES TO THE PLAN THAT MEET THE COURT'S OBJECTIONS 5,712
ARE NOT MADE, THE COURT SHALL REJECT THE PARENTS' PROPOSED PLANS. 5,713
THE COURT SHALL NOT APPROVE MORE THAN ONE PLAN UNDER 5,715
DIVISION (E)(3) OF THIS SECTION AND SHALL NOT APPROVE A PLAN 5,717
UNLESS IT DETERMINES THAT THE PLAN IS IN THE BEST INTEREST OF THE 5,718
CHILD. IF THE COURT DOES NOT DETERMINE THAT ANY PLAN OR PLAN 5,720
WITH SUBMITTED CHANGES IS IN THE BEST INTEREST OF THE CHILD, THE 5,721
COURT SHALL APPROVE ITS OWN PLAN, WHICH SHALL COMPLY WITH THE 5,722
136
REQUIREMENTS OF SECTION 3109.44 OF THE REVISED CODE. THE COURT 5,724
SHALL ENTER IN THE RECORD OF THE CASE FINDINGS OF FACT AND 5,725
CONCLUSIONS OF LAW AS TO THE REASONS FOR THE APPROVAL OR 5,726
REJECTION OF A PLAN. 5,727
(4) THE COURT SHALL SCHEDULE A HEARING TO REVIEW PROPOSED 5,729
MODIFIED PARENTING PLANS PURSUANT TO DIVISION (E)(3) OF THIS 5,731
SECTION TO BE HELD NO LATER THAN FIVE DAYS AFTER THE FOURTEEN-DAY 5,732
PERIOD FOR OBJECTION HAS ELAPSED. THE PARTIES MAY PRESENT 5,733
EVIDENCE CONCERNING THE PROPOSED PLANS AND THE BEST INTEREST OF 5,734
THE CHILD AT THE HEARING. THE COURT SHALL MAKE ITS DETERMINATION 5,735
CONCERNING WHETHER TO APPROVE A PLAN OR REJECT THE PLANS AND 5,736
APPROVE ITS OWN PLAN AND SHALL ISSUE A NEW PARENTING DECREE OR 5,737
ORDER NO LATER THAN FIVE DAYS AFTER THE TERMINATION OF THE 5,738
HEARING. THE NEW PARENTING DECREE OR ORDER SHALL NOT BE ISSUED 5,739
LATER THAN THIRTY DAYS AFTER THE NOTICE, MOTION, AND PLAN 5,740
DESCRIBED IN DIVISION (C) OF THIS SECTION ARE FILED WITH THE 5,742
COURT. A PARENT INTENDING TO RELOCATE AS DESCRIBED IN DIVISION 5,743
(C) OF THIS SECTION SHALL NOT PHYSICALLY RELOCATE THE CHILD TO 5,744
THE NEW RESIDENCE WITHOUT PRIOR APPROVAL OF THE COURT PURSUANT TO 5,745
THIS SECTION. 5,746
(F) THE RESIDENTIAL PARENT WHO INTENDS TO MOVE TO A 5,750
RESIDENCE OTHER THAN THE RESIDENCE SPECIFIED IN A VISITATION
ORDER OR DECREE THAT WAS ISSUED UNDER FORMER SECTION 3109.051 OF 5,751
THE REVISED CODE THAT IS STILL IN EFFECT ON AND AFTER THE 5,753
EFFECTIVE DATE OF THIS SECTION, SHALL COMPLY WITH THE PROVISIONS 5,754
OF THIS SECTION. IF THE COURT HAS PREVIOUSLY ISSUED AN ORDER 5,755
STATING THAT THE PARENT GRANTED VISITATION SHALL NOT BE GIVEN ANY 5,756
NOTICE OF RELOCATION, THAT ORDER SHALL BE TREATED AS A LIMITATION 5,757
PROHIBITING THAT PARENT FROM RECEIVING A RELOCATION NOTICE 5,758
PURSUANT TO SECTION 3109.50 OF THE REVISED CODE. 5,759
(G) A PROPOSED MODIFIED PARENTING PLAN FILED UNDER THIS 5,762
SECTION SHALL BE SIGNED BY THE PARTY PROPOSING IT AND INCLUDE A 5,763
STATEMENT THAT THE TERMS OF THE PLAN ARE BEING PROPOSED IN GOOD 5,764
FAITH.
137
Sec. 3109.58. (A) THIS SECTION AND SECTION 3109.581 OF 5,766
THE REVISED CODE ARE NOT APPLICABLE TO THE COURTS OF COMMON PLEAS 5,767
IN THIS STATE DURING ANY FISCAL BIENNIUM THAT THE STATE DOES NOT 5,769
MAKE APPROPRIATIONS SUFFICIENT TO PERMIT ALL OF THE COURTS TO 5,770
COMPLY WITH IT.
(B)(1) IF A PARENT IS NOT COMPLYING WITH A PARENTING 5,773
DECREE OR AN INTERIM PARENTING ORDER, THE OTHER PARENT MAY FILE A 5,776
REQUEST FOR ENFORCEMENT WITH THE COMPLIANCE UNIT ESTABLISHED
UNDER SECTION 3109.581 OF THE REVISED CODE OF THE COURT THAT 5,778
ISSUED THE DECREE OR ORDER. THE PARENT FILING THE REQUEST SHALL 5,779
ATTACH TO IT AN AFFIDAVIT IN SUPPORT OF THE REQUEST FOR 5,780
ENFORCEMENT THAT SETS FORTH THE FACTS SUPPORTING THE ALLEGATION 5,781
THAT THE OTHER PARENT IS NOT COMPLYING WITH THE DECREE OR ORDER. 5,783
THE PARENT FILING THE REQUEST SHALL SERVE IT AND THE AFFIDAVIT ON 5,784
THE OTHER PARENT PURSUANT TO THE RULES OF CIVIL PROCEDURE. 5,785
(2) IMMEDIATELY ON THE FILING OF THE REQUEST, THE 5,787
COMPLIANCE UNIT SHALL ASSIGN A COMPLIANCE OFFICER TO THE REQUEST. 5,789
THE COMPLIANCE OFFICER SHALL SCHEDULE A CONFERENCE WITH THE 5,790
PARENTS TO BE HELD NO LATER THAN THIRTY DAYS AFTER THE DATE THE 5,791
REQUEST WAS FILED, UNLESS THE PARENT THAT FILED THE REQUEST ASKS 5,792
FOR AN EXPEDITED CONFERENCE IN THE REQUEST. IF AN EXPEDITED 5,793
CONFERENCE IS REQUESTED, THE COMPLIANCE OFFICER SHALL SCHEDULE A 5,794
CONFERENCE WITH THE PARENTS TO BE HELD NO LATER THAN SEVEN DAYS 5,795
AFTER THE REQUEST FOR COMPLIANCE IS FILED. THE COMPLIANCE 5,796
OFFICER SHALL ISSUE AN ORDER TO APPEAR AT THE CONFERENCE TO BOTH 5,797
PARENTS AND SHALL INCLUDE AS PART OF THE ORDER A NOTICE OF THE 5,798
DATE, TIME, AND PLACE OF THE CONFERENCE. THE COURT SHALL SERVE 5,799
THE ORDER ON THE PARENTS PURSUANT TO THE RULES OF CIVIL 5,800
PROCEDURE. THE COURT SHALL SERVE THE ORDER ON THE PARENTS NO 5,802
LATER THAN THREE DAYS PRIOR TO THE DATE OF THE CONFERENCE. 5,803
(3) PRIOR TO THE DATE OF THE CONFERENCE, THE PARENTS MAY 5,805
ENTER INTO AN AGREEMENT RESOLVING THE CONFLICT THAT RESULTED IN 5,806
THE FILING OF THE REQUEST FOR COMPLIANCE. THE AGREEMENT SHALL BE 5,808
FILED WITH THE COURT NOT LATER THAN THE DATE OF THE SCHEDULED
138
CONFERENCE. IF THE COURT DETERMINES THAT THE AGREEMENT IS IN THE 5,810
BEST INTEREST OF THE CHILD, THE COURT SHALL MODIFY THE EXISTING 5,811
PARENTING DECREE OR INTERIM PARENTING ORDER TO INCLUDE THE TERMS
OF THE AGREEMENT. IF AN AGREEMENT IS REACHED BEFORE THE 5,813
CONFERENCE IS HELD, THE COURT SHALL ISSUE AN ORDER CANCELING THE 5,814
CONFERENCE.
(4) IF A CONFERENCE IS HELD, THE PARENTS MAY BE 5,816
REPRESENTED BY COUNSEL AND MAY PRESENT EVIDENCE. IF THE PARTIES 5,817
REACH AN AGREEMENT AT THE CONCLUSION OF THE CONFERENCE RESOLVING 5,818
THE CONFLICT THAT RESULTED IN THE FILING OF THE REQUEST FOR 5,819
COMPLIANCE, THE PARENTS SHALL SUBMIT THE AGREEMENT IN WRITING TO 5,820
THE COURT FOR APPROVAL. THE AGREEMENT SHALL BE FILED NO LATER 5,821
THAN THREE DAYS AFTER THE TERMINATION OF THE HEARING. IF THE 5,822
COURT DETERMINES THAT THE AGREEMENT IS IN THE BEST INTEREST OF 5,823
THE CHILD, THE COURT SHALL MODIFY THE EXISTING PARENTING DECREE 5,825
OR ORDER TO INCLUDE THE TERMS OF THE AGREEMENT. IF THE PARTIES 5,826
DO NOT REACH AN AGREEMENT AT THE CONCLUSION OF THE CONFERENCE, 5,827
THE COMPLIANCE OFFICER SHALL SUBMIT A REPORT TO THE COURT THAT
INCLUDES A SUMMARY OF THE REQUEST FOR COMPLIANCE AND ALL EVIDENCE 5,829
PRESENTED AT THE CONFERENCE AND AN EVALUATION OF THE CONFLICT 5,830
WITH RECOMMENDATIONS FOR FURTHER COURT ACTION. THE
RECOMMENDATIONS MAY BE THAT ANY OF THE FOLLOWING BE DONE: 5,831
(a) THE COURT SCHEDULE A HEARING TO DETERMINE WHAT ACTION 5,834
SHOULD BE TAKEN TO ENFORCE COMPLIANCE WITH THE DECREE OR ORDER; 5,835
(b) THE COURT ISSUE AN ORDER FINDING A PARENT IN CONTEMPT 5,838
OF COURT FOR VIOLATION OF THE PROVISIONS OF THE DECREE OR ORDER; 5,839
(c) THE COURT ISSUE AN ORDER REQUIRING ONE OR BOTH OF THE 5,842
PARENTS' TIME WITH THE CHILD TO BE SUPERVISED, REQUIRING EXCHANGE 5,843
OF THE CHILD IN A NEUTRAL PLACE, OR REQUIRING COUNSELING; 5,844
(d) THE COURT ISSUE A TEMPORARY EMERGENCY ORDER TO PROTECT 5,847
THE CHILD BECAUSE THE CURRENT SITUATION IS OR MAY BE HARMFUL TO 5,848
THE CHILD;
(e) THE COURT ISSUE AN ORDER REQUIRING ANY OTHER ACTION TO 5,851
BE TAKEN, OR ISSUE AN ORDER MODIFYING THE DECREE OR ORDER, IN 5,852
139
ORDER TO RESOLVE THE CONFLICT THAT WAS THE BASIS FOR THE REQUEST 5,853
FOR COMPLIANCE.
(C) THE COMPLIANCE OFFICER SHALL FILE THE REPORT WITH THE 5,856
COURT. THE COURT SHALL SERVE COPIES OF THE REPORT ON THE PARENTS 5,857
BY REGULAR MAIL. EXCEPT AS PROVIDED IN DIVISION (C)(3) OF THIS 5,859
SECTION, A PARTY MAY OBJECT TO THE REPORT BY FILING WRITTEN 5,860
OBJECTIONS WITH THE COURT NO LATER THAN TEN DAYS AFTER RECEIVING 5,861
NOTICE FROM THE COURT. THE OBJECTING PARENT SHALL SERVE THE 5,862
OBJECTIONS ON THE OTHER PARENT PURSUANT TO THE RULES OF CIVIL 5,864
PROCEDURE.
(1) IF NO TIMELY OBJECTION IS MADE, THE COURT MAY ISSUE AN 5,867
ORDER CONSISTENT WITH THE RECOMMENDATIONS OF THE COMPLIANCE
OFFICER. 5,868
(2) IF A PARENT MAKES A TIMELY OBJECTION, THE COURT SHALL 5,870
SCHEDULE A HEARING TO BE HELD NO LATER THAN SEVEN DAYS AFTER THE 5,871
OBJECTION IS FILED. THE COURT SHALL SEND WRITTEN NOTICE OF THE 5,872
DATE, TIME, AND PLACE OF THE HEARING TO THE PARTIES NO LATER THAN 5,874
FIVE DAYS PRIOR TO THE DATE OF THE HEARING. NO LATER THAN THREE 5,875
DAYS AFTER TERMINATION OF THE HEARING, THE COURT SHALL ISSUE AN 5,876
ORDER BASED ON THE REPORT, OBJECTION, AND ALL EVIDENCE PRESENTED 5,877
AT THE HEARING.
(3) IF THE REPORT FILED PURSUANT TO DIVISION (B) OF THIS 5,880
SECTION INCLUDES THE RECOMMENDATION DESCRIBED UNDER DIVISION 5,882
(B)(4)(d) OF THIS SECTION, THE COURT SHALL IMMEDIATELY ISSUE A 5,883
TEMPORARY EMERGENCY ORDER CONCERNING THE CHILD ONCE THE REPORT IS 5,884
FILED WITH THE COURT. NO LATER THAN TWO DAYS AFTER ISSUING THE 5,885
TEMPORARY EMERGENCY ORDER, THE COURT SHALL HOLD A HEARING ON THE 5,886
MATTER. THE COURT, AT THE TIME IT ISSUES THE TEMPORARY EMERGENCY 5,888
ORDER, SHALL SEND A COPY OF THE ORDER TO THE PARENTS WITH NOTICE 5,889
OF THE DATE, TIME, AND PLACE OF THE HEARING. THE TEMPORARY 5,890
EMERGENCY ORDER SHALL EXPIRE NO LATER THAN THREE DAYS AFTER THE 5,891
TERMINATION OF THE HEARING. THE COURT SHALL ISSUE AN ORDER 5,892
MODIFYING THE PARENTING DECREE ALLOCATING THE PARENTING FUNCTIONS 5,893
AND RESPONSIBILITIES FOR THE CARE OF THE CHILD OR THE INTERIM 5,894
140
PARENTING ORDER ON THE TERMINATION OF THE HEARING THAT SHALL 5,895
SUPERSEDE THE TEMPORARY EMERGENCY ORDER OR TAKE EFFECT ON THE 5,896
TERMINATION OF THAT TEMPORARY ORDER.
(4) IF THE COURT ISSUES AN ORDER PURSUANT TO THIS DIVISION 5,899
REQUIRING A PARENT'S TIME WITH THE CHILDREN SUBJECT TO THE DECREE 5,900
OR ORDER TO BE SUPERVISED, IT SHALL ORDER A VOLUNTEER AGREED UPON 5,901
BY BOTH PARENTS OR AN EMPLOYEE OF THE COMPLIANCE UNIT OR THE 5,902
PUBLIC CHILDREN SERVICES AGENCY OF THE COUNTY IN WHICH THE CHILD 5,903
RESIDES TO PROVIDE THE SUPERVISION. IF THE COURT ISSUES AN ORDER 5,904
REQUIRING THE PARENTS TO EXCHANGE POSSESSION OF THE CHILDREN IN A 5,905
NEUTRAL LOCATION, THE COMPLIANCE UNIT SHALL ESTABLISH THE NEUTRAL 5,906
LOCATION. IF THE COURT ORDERS THE PARENTS TO PARTICIPATE IN 5,907
COUNSELING, THE COMPLIANCE UNIT SHALL PROVIDE THE COUNSELING. 5,909
Sec. 3109.581. (A) EACH COURT OF COMMON PLEAS, ON A DATE 5,912
THAT IS SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, 5,913
SHALL ESTABLISH A PARENTING COMPLIANCE UNIT TO ENFORCE THE 5,914
PROVISIONS OF PARENTING DECREES AND INTERIM PARENTING ORDERS, 5,915
OTHER THAN THE CHILD SUPPORT PROVISIONS. IN ORDER TO COMPLY WITH 5,917
THE DUTY TO ENFORCE THE DECREES OR ORDERS PURSUANT TO SECTION 5,918
3109.58 OF THE REVISED CODE, THE COMPLIANCE UNIT SHALL DO THE 5,920
FOLLOWING:
(1) EMPLOY COMPLIANCE OFFICERS; 5,922
(2) PROVIDE FOR OFFICE SPACE, CONFERENCE ROOMS, AND OTHER 5,924
FACILITIES NECESSARY TO PERFORM THE FUNCTIONS OF THE COMPLIANCE 5,925
UNIT; 5,926
(3) PROVIDE SUPERVISION OF A PARENT'S TIME WITH THE 5,928
PARENT'S CHILD; 5,929
(4) PROVIDE NEUTRAL SITES FOR THE EXCHANGE OF CHILDREN 5,931
BETWEEN PARENTS; 5,932
(5) PROVIDE COUNSELING TO LIMIT DISPUTES BETWEEN AND 5,934
RESOLVE CONFLICTS CONCERNING THE CHILDREN. 5,935
(B) THE SUPREME COURT MAY CREATE FORMS FOR THE REQUEST FOR 5,938
ENFORCEMENT, AFFIDAVIT IN SUPPORT OF THE REQUEST FOR ENFORCEMENT, 5,939
AND THE ORDER TO APPEAR TO BE USED BY EACH COURT OF COMMON PLEAS 5,940
141
IN PROCEEDINGS PURSUANT TO SECTION 3109.58 OF THE REVISED CODE. 5,942
Sec. 3109.051 3109.59. (A) If a divorce, dissolution, 5,951
legal separation, or annulment proceeding involves a child and if 5,953
the court has not issued a shared parenting decree, the court 5,954
shall consider any mediation report filed pursuant to section 5,955
3109.052 of the Revised Code and, in accordance with division (C) 5,956
of this section, shall make a just and reasonable order or decree 5,957
permitting each parent who is not the residential parent to visit 5,958
the child at the time and under the conditions that the court 5,959
directs, unless the court determines that it would not be in the 5,960
best interest of the child to permit that parent to visit the 5,961
child and includes in the journal its findings of fact and 5,962
conclusions of law. Whenever possible, the order or decree 5,963
permitting the visitation shall ensure the opportunity for both 5,964
parents to have frequent and continuing contact with the child, 5,965
unless frequent and continuing contact by either parent with the 5,966
child would not be in the best interest of the child. The court 5,967
shall include in its final decree a specific schedule of 5,968
visitation for that parent. Except as provided in division 5,969
(E)(6) of section 3113.31 of the Revised Code, if the court, 5,970
pursuant to this section, grants any person companionship or 5,972
visitation rights with respect to any child, it shall not require 5,973
the public children services agency to provide supervision of or 5,974
other services related to that person's exercise of companionship
or visitation rights with respect to the child. This section 5,975
does not limit the power of a juvenile court pursuant to Chapter 5,976
2151. of the Revised Code to issue orders with respect to 5,977
children who are alleged to be abused, neglected, or dependent 5,978
children or to make dispositions of children who are adjudicated 5,979
abused, neglected, or dependent children or of a common pleas 5,980
court to issue orders pursuant to section 3113.31 of the Revised 5,981
Code.
(B)(1) In a divorce, dissolution of marriage, legal 5,983
separation, annulment, or child support proceeding that involves 5,984
142
a child, the court may grant reasonable companionship or 5,985
visitation rights to any grandparent, any person related to the 5,986
child by consanguinity or affinity, or any other person other 5,987
than a parent, if all of the following apply: 5,988
(a) The grandparent, relative, or other person files a 5,990
motion with the court seeking companionship or visitation rights. 5,991
(b) The court determines that the grandparent, relative, 5,993
or other person has an interest in the welfare of the child. 5,994
(c) The court determines that the granting of the 5,996
companionship or visitation rights is in the best interest of the 5,997
child. 5,998
(2) A motion may be filed under division (B)(A)(1) of this 6,000
section during the pendency of the divorce, dissolution of 6,001
marriage, legal separation, annulment, or child support 6,002
proceeding or, if a motion was not filed at that time or was 6,003
filed at that time and the circumstances in the case have 6,004
changed, at any time after a decree or final order is issued in 6,005
the case. 6,006
(C)(B) When determining whether to grant companionship or 6,008
visitation rights to a parent, grandparent, relative OTHER THAN A 6,009
PARENT, or other person WHO IS NOT A PARENT pursuant to this 6,011
section or section 3109.11 3109.60 or 3109.12 3109.61 of the 6,013
Revised Code, when establishing a specific visitation schedule, 6,014
and when determining other visitation matters under this section 6,015
or section 3109.11 3109.60 or 3109.12 3109.61 of the Revised 6,016
Code, the court shall consider any mediation report that is filed 6,017
pursuant to section 3109.052 of the Revised Code and shall 6,018
consider all other relevant factors, including, but not limited 6,019
to, all of the factors listed in division (D)(C) of this section. 6,021
In considering the factors listed in division (D)(C) of this 6,022
section for purposes of determining whether to grant visitation 6,024
rights, establishing a specific visitation schedule, determining 6,025
other visitation matters under this section or under section 6,026
3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, and 6,028
143
resolving any issues related to the making of any determination 6,030
with respect to visitation rights or the establishment of any 6,031
specific visitation schedule, the court, in its discretion, may 6,032
interview in chambers any or all involved children regarding 6,033
their wishes and concerns. If the court interviews any child 6,034
concerning the child's wishes and concerns regarding those 6,035
visitation matters, the interview shall be conducted in chambers, 6,036
and no person other than the child, the child's attorney, the 6,037
judge, any necessary court personnel, and, in the judge's 6,038
discretion, the attorney of each parent shall be permitted to be 6,039
present in the chambers during the interview. No person shall 6,040
obtain or attempt to obtain from a child a written or recorded 6,041
statement or affidavit setting forth the wishes and concerns of 6,042
the child regarding those visitation matters. A court, in 6,043
considering the factors listed in division (D)(C) of this section 6,045
for purposes of determining whether to grant any visitation 6,046
rights, establishing a visitation schedule, determining other 6,047
visitation matters under this section or under section 3109.11 6,048
3109.60 or 3109.12 3109.61 of the Revised Code, or resolving any 6,049
issues related to the making of any determination with respect to 6,050
visitation rights or the establishment of any specific visitation 6,051
schedule, shall not accept or consider a written or recorded 6,052
statement or affidavit that purports to set forth the child's 6,053
wishes or concerns regarding those visitation matters. 6,054
(D)(C) In determining whether to grant companionship or 6,056
visitation rights to a parent, grandparent, relative OTHER THAN A 6,057
PARENT, or other person NOT A PARENT pursuant to this section or 6,059
section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, 6,061
in establishing a specific visitation schedule, and in 6,062
determining other visitation matters under this section or
section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, 6,064
the court shall consider all of the following factors: 6,065
(1) The prior interaction and interrelationships of the 6,067
child with the child's parents, siblings, and other persons 6,068
144
related by consanguinity or affinity, and with the person who 6,070
requested companionship or visitation if that person is not a 6,071
parent, sibling, or relative of the child; 6,072
(2) The geographical location of the residence of each 6,074
parent and the distance between those residences, and if the 6,075
person who requested companionship or visitation is not a parent, 6,076
the geographical location of that person's residence and the 6,077
distance between that person's residence and the child's 6,078
residence; 6,079
(3) The child's and parents' THE PERSON'S available time, 6,082
including, but not limited to, each parent's THE PERSON'S 6,083
employment schedule, the child's school schedule, and the child's 6,085
and the parents' PERSON'S holiday and vacation schedule; 6,087
(4) The age of the child; 6,089
(5) The child's adjustment to home, school, and community; 6,092
(6) If the court has interviewed the child in chambers, 6,094
pursuant to division (C)(B) of this section, regarding the wishes 6,096
and concerns of the child as to visitation by the parent who is 6,097
not the residential parent or companionship or visitation by the 6,098
grandparent, relative, or other person who requested the 6,099
companionship or visitation, as to a specific visitation 6,100
schedule, or as to other visitation matters, the wishes and 6,101
concerns of the child, as expressed to the court; 6,102
(7) The health and safety of the child; 6,104
(8) The amount of time that will be available for the 6,106
child to spend with siblings; 6,107
(9) The mental and physical health of all parties; 6,109
(10) Each parent's willingness to reschedule missed 6,111
visitation and to facilitate the other parent's visitation 6,112
rights, and if the person who requested companionship or 6,113
visitation is not a parent, the willingness of that person to 6,114
reschedule missed visitation; 6,115
(11) In relation to visitation by a parent, whether either 6,117
parent previously has been convicted of or pleaded guilty to any 6,118
145
criminal offense involving any act that resulted in a child being 6,119
an abused child or a neglected child; whether either parent, in a 6,120
case in which a child has been adjudicated an abused child or a 6,121
neglected child, previously has been determined to be the 6,122
perpetrator of the abusive or neglectful act that is the basis of 6,123
the adjudication; and whether there is reason to believe that 6,124
either parent has acted in a manner resulting in a child being an 6,125
abused child or a neglected child; 6,126
(12)(10) In relation to requested companionship or 6,128
visitation by a GRANDPARENT, RELATIVE OTHER THAN A PARENT, OR 6,129
OTHER person other than NOT a parent, whether the person 6,131
previously has been convicted of or pleaded guilty to any 6,132
criminal offense involving any act that resulted in a child being 6,133
an abused child or a neglected child; whether the person, in a 6,134
case in which a child has been adjudicated an abused child or a 6,135
neglected child, previously has been determined to be the 6,136
perpetrator of the abusive or neglectful act that is the basis of 6,137
the adjudication; whether either parent previously has been 6,138
convicted of or pleaded guilty to a violation of section 2919.25 6,139
of the Revised Code involving a victim who at the time of the 6,140
commission of the offense was a member of the family or household 6,141
that is the subject of the current proceeding; whether either 6,142
parent previously has been convicted of an offense involving a 6,143
victim who at the time of the commission of the offense was a 6,144
member of the family or household that is the subject of the 6,145
current proceeding and caused physical harm to the victim in the 6,146
commission of the offense; and whether there is reason to believe 6,147
that the person has acted in a manner resulting in a child being 6,148
an abused child or a neglected child; 6,149
(13) Whether the residential parent or one of the parents 6,151
subject to a shared parenting decree has continuously and 6,152
willfully denied the other parent his or her right to visitation 6,154
in accordance with an order of the court; 6,155
(14) Whether either parent has established a residence or 6,157
146
is planning to establish a residence outside this state; 6,158
(15)(11) Any other factor in the best interest of the 6,160
child.
(E)(D) The remarriage of a residential parent of a child 6,162
does not affect the authority of a court under this section to 6,163
grant visitation rights with respect to the child to the parent 6,164
who is not the residential parent or to grant reasonable 6,165
companionship or visitation rights with respect to the child to 6,166
any grandparent, any person related by consanguinity or affinity 6,167
OTHER THAN A PARENT, or any other person NOT A PARENT. 6,169
(F)(1)(E) If the court, pursuant to division (A) of this 6,171
section, denies visitation to a parent who is not the residential 6,172
parent or denies a motion for reasonable companionship or 6,173
visitation rights filed under division (B) of this section and 6,174
the parent or movant files a written request for findings of fact 6,175
and conclusions of law, the court shall state in writing its 6,176
findings of fact and conclusions of law in accordance with Civil 6,177
Rule 52. 6,178
(2) On or before July 1, 1991, each court of common pleas, 6,180
by rule, shall adopt standard visitation guidelines. A court 6,181
shall have discretion to deviate from its standard visitation 6,182
guidelines based upon factors set forth in division (D) of this 6,183
section. 6,184
(G)(1) If the residential parent intends to move to a 6,186
residence other than the residence specified in the visitation 6,187
order or decree of the court, the parent shall file a notice of 6,188
intent to relocate with the court that issued the order or 6,189
decree. Except as provided in divisions (G)(2), (3), and (4) of 6,190
this section, the court shall send a copy of the notice to the 6,191
parent who is not the residential parent. Upon receipt of the 6,192
notice, the court, on its own motion or the motion of the parent 6,193
who is not the residential parent, may schedule a hearing with 6,194
notice to both parents to determine whether it is in the best 6,195
interest of the child to revise the visitation schedule for the 6,196
147
child. 6,197
(2) When a court grants visitation or companionship rights 6,199
to a parent who is not the residential parent, the court shall 6,200
determine whether that parent has been convicted of or pleaded 6,201
guilty to a violation of section 2919.25 of the Revised Code 6,202
involving a victim who at the time of the commission of the 6,203
offense was a member of the family or household that is the 6,204
subject of the proceeding, has been convicted of or pleaded 6,205
guilty to any other offense involving a victim who at the time of 6,206
the commission of the offense was a member of the family or 6,207
household that is the subject of the proceeding and caused 6,208
physical harm to the victim in the commission of the offense, or 6,209
has been determined to be the perpetrator of the abusive act that 6,210
is the basis of an adjudication that a child is an abused child. 6,211
If the court determines that that parent has not been so 6,212
convicted and has not been determined to be the perpetrator of an 6,213
abusive act that is the basis of a child abuse adjudication, the 6,214
court shall issue an order stating that a copy of any notice of 6,215
relocation that is filed with the court pursuant to division 6,216
(G)(1) of this section will be sent to the parent who is given 6,217
the visitation or companionship rights in accordance with 6,218
division (G)(1) of this section. 6,219
If the court determines that the parent who is granted the 6,221
visitation or companionship rights has been convicted of or 6,222
pleaded guilty to a violation of section 2919.25 of the Revised 6,223
Code involving a victim who at the time of the commission of the 6,224
offense was a member of the family or household that is the 6,225
subject of the proceeding, has been convicted of or pleaded 6,226
guilty to any other offense involving a victim who at the time of 6,227
the commission of the offense was a member of the family or 6,228
household that is the subject of the proceeding and caused 6,229
physical harm to the victim in the commission of the offense, or 6,230
has been determined to be the perpetrator of the abusive act that 6,231
is the basis of an adjudication that a child is an abused child, 6,232
148
it shall issue an order stating that that parent will not be 6,233
given a copy of any notice of relocation that is filed with the 6,234
court pursuant to division (G)(1) of this section unless the 6,235
court determines that it is in the best interest of the children 6,236
to give that parent a copy of the notice of relocation, issues an 6,237
order stating that that parent will be given a copy of any notice 6,238
of relocation filed pursuant to division (G)(1) of this section, 6,239
and issues specific written findings of fact in support of its 6,240
determination. 6,241
(3) If a court, prior to April 11, 1991, issued an order 6,243
granting visitation or companionship rights to a parent who is 6,244
not the residential parent and did not require the residential 6,245
parent in that order to give the parent who is granted the 6,246
visitation or companionship rights notice of any change of 6,247
address and if the residential parent files a notice of 6,248
relocation pursuant to division (G)(1) of this section, the court 6,249
shall determine if the parent who is granted the visitation or 6,250
companionship rights has been convicted of or pleaded guilty to a 6,251
violation of section 2919.25 of the Revised Code involving a 6,252
victim who at the time of the commission of the offense was a 6,253
member of the family or household that is the subject of the 6,254
proceeding, has been convicted of or pleaded guilty to any other 6,255
offense involving a victim who at the time of the commission of 6,256
the offense was a member of the family or household that is the 6,257
subject of the proceeding and caused physical harm to the victim 6,258
in the commission of the offense, or has been determined to be 6,259
the perpetrator of the abusive act that is the basis of an 6,260
adjudication that a child is an abused child. If the court 6,261
determines that the parent who is granted the visitation or 6,262
companionship rights has not been so convicted and has not been 6,263
determined to be the perpetrator of an abusive act that is the 6,264
basis of a child abuse adjudication, the court shall issue an 6,265
order stating that a copy of any notice of relocation that is 6,266
filed with the court pursuant to division (G)(1) of this section 6,267
149
will be sent to the parent who is granted visitation or 6,268
companionship rights in accordance with division (G)(1) of this 6,269
section. 6,270
If the court determines that the parent who is granted the 6,272
visitation or companionship rights has been convicted of or 6,273
pleaded guilty to a violation of section 2919.25 of the Revised 6,274
Code involving a victim who at the time of the commission of the 6,275
offense was a member of the family or household that is the 6,276
subject of the proceeding, has been convicted of or pleaded 6,277
guilty to any other offense involving a victim who at the time of 6,278
the commission of the offense was a member of the family or 6,279
household that is the subject of the proceeding and caused 6,280
physical harm to the victim in the commission of the offense, or 6,281
has been determined to be the perpetrator of the abusive act that 6,282
is the basis of an adjudication that a child is an abused child, 6,283
it shall issue an order stating that that parent will not be 6,284
given a copy of any notice of relocation that is filed with the 6,285
court pursuant to division (G)(1) of this section unless the 6,286
court determines that it is in the best interest of the children 6,287
to give that parent a copy of the notice of relocation, issues an 6,288
order stating that that parent will be given a copy of any notice 6,289
of relocation filed pursuant to division (G)(1) of this section, 6,290
and issues specific written findings of fact in support of its 6,291
determination. 6,292
(4) If a parent who is granted visitation or companionship 6,294
rights pursuant to this section or any other section of the 6,295
Revised Code is authorized by an order issued pursuant to this 6,296
section or any other court order to receive a copy of any notice 6,297
of relocation that is filed pursuant to division (G)(1) of this 6,298
section or pursuant to court order, if the residential parent 6,299
intends to move to a residence other than the residence address 6,300
specified in the visitation or companionship order, and if the 6,301
residential parent does not want the parent who is granted the 6,302
visitation or companionship rights to receive a copy of the 6,303
150
relocation notice because he has been convicted of or pleaded 6,305
guilty to a violation of section 2919.25 of the Revised Code 6,306
involving a victim who at the time of the commission of the 6,307
offense was a member of the family or household that is the 6,308
subject of the proceeding, has been convicted of or pleaded 6,309
guilty to any other offense involving a victim who at the time of 6,310
the commission of the offense was a member of the family or 6,311
household that is the subject of the proceeding and caused 6,312
physical harm to the victim in the commission of the offense, or 6,313
has been determined to be the perpetrator of the abusive act that 6,314
is the basis of an adjudication that a child is an abused child, 6,315
the residential parent may file a motion with the court 6,316
requesting that the parent who is granted the visitation or 6,317
companionship rights not receive a copy of any notice of 6,318
relocation. Upon the filing of the motion, the court shall 6,319
schedule a hearing on the motion and give both parents notice of 6,320
the date, time, and location of the hearing. If the court 6,321
determines that the parent who is granted the visitation or 6,322
companionship rights has been so convicted or has been determined 6,323
to be the perpetrator of an abusive act that is the basis of a 6,324
child abuse adjudication, the court shall issue an order stating 6,325
that the parent who is granted the visitation or companionship 6,326
rights will not be given a copy of any notice of relocation that 6,327
is filed with the court pursuant to division (G)(1) of this 6,328
section or that the residential parent is no longer required to 6,329
give that parent a copy of any notice of relocation unless the 6,330
court determines that it is in the best interest of the children 6,331
to give that parent a copy of the notice of relocation, issues an 6,332
order stating that that parent will be given a copy of any notice 6,333
of relocation filed pursuant to division (G)(1) of this section, 6,334
and issues specific written findings of fact in support of its 6,335
determination. If it does not so find, it shall dismiss the 6,336
motion. 6,337
(H)(1) Subject to division (G)(2) of section 2301.35 and 6,339
151
division (F) of section 3319.321 of the Revised Code, a parent of 6,340
a child who is not the residential parent of the child is 6,341
entitled to access, under the same terms and conditions under 6,342
which access is provided to the residential parent, to any record 6,343
that is related to the child and to which the residential parent 6,344
of the child legally is provided access, unless the court 6,345
determines that it would not be in the best interest of the child 6,346
for the parent who is not the residential parent to have access 6,347
to the records under those same terms and conditions. If the 6,348
court determines that the parent of a child who is not the 6,349
residential parent should not have access to records related to 6,350
the child under the same terms and conditions as provided for the 6,351
residential parent, the court shall specify the terms and 6,352
conditions under which the parent who is not the residential 6,353
parent is to have access to those records, shall enter its 6,354
written findings of facts and opinion in the journal, and shall 6,355
issue an order containing the terms and conditions to both the 6,356
residential parent and the parent of the child who is not the 6,357
residential parent. The court shall include in every order 6,358
issued pursuant to this division notice that any keeper of a 6,359
record who knowingly fails to comply with the order or division 6,360
(H) of this section is in contempt of court. 6,361
(2) Subject to division (G)(2) of section 2301.35 and 6,363
division (F) of section 3319.321 of the Revised Code, subsequent 6,364
to the issuance of an order under division (H)(1) of this 6,365
section, the keeper of any record that is related to a particular 6,366
child and to which the residential parent legally is provided 6,367
access shall permit the parent of the child who is not the 6,368
residential parent to have access to the record under the same 6,369
terms and conditions under which access is provided to the 6,370
residential parent, unless the residential parent has presented 6,371
the keeper of the record with a copy of an order issued under 6,372
division (H)(1) of this section that limits the terms and 6,373
conditions under which the parent who is not the residential 6,374
152
parent is to have access to records pertaining to the child and 6,375
the order pertains to the record in question. If the residential 6,376
parent presents the keeper of the record with a copy of that type 6,377
of order, the keeper of the record shall permit the parent who is 6,378
not the residential parent to have access to the record only in 6,379
accordance with the most recent order that has been issued 6,380
pursuant to division (H)(1) of this section and presented to the 6,381
keeper by the residential parent or the parent who is not the 6,382
residential parent. Any keeper of any record who knowingly fails 6,383
to comply with division (H) of this section or with any order 6,384
issued pursuant to division (H)(1) of this section is in contempt 6,385
of court. 6,386
(3) The prosecuting attorney of any county may file a 6,388
complaint with the court of common pleas of that county 6,389
requesting the court to issue a protective order preventing the 6,390
disclosure pursuant to division (H)(1) or (2) of this section of 6,391
any confidential law enforcement investigatory record. The court 6,392
shall schedule a hearing on the motion and give notice of the 6,393
date, time, and location of the hearing to all parties. 6,394
(I) A court that issues a visitation order or decree 6,396
pursuant to this section, section 3109.11 or 3109.12 of the 6,397
Revised Code, or any other provision of the Revised Code shall 6,398
determine whether the parent granted the right of visitation is 6,399
to be permitted access, in accordance with section 5104.011 of 6,400
the Revised Code, to any child day-care center that is, or that 6,401
in the future may be, attended by the children with whom the 6,402
right of visitation is granted. Unless the court determines that 6,403
the parent who is not the residential parent should not have 6,404
access to the center to the same extent that the residential 6,405
parent is granted access to the center, the parent who is not the 6,406
residential parent and who is granted visitation or companionship 6,407
rights is entitled to access to the center to the same extent 6,408
that the residential parent is granted access to the center. If 6,409
the court determines that the parent who is not the residential 6,410
153
parent should not have access to the center to the same extent 6,411
that the residential parent is granted such access under division 6,412
(C) of section 5104.011 of the Revised Code, the court shall 6,413
specify the terms and conditions under which the parent who is 6,414
not the residential parent is to have access to the center, 6,415
provided that the access shall not be greater than the access 6,416
that is provided to the residential parent under division (C) of 6,417
section 5104.011 of the Revised Code, the court shall enter its 6,418
written findings of fact and opinions in the journal, and the 6,419
court shall include the terms and conditions of access in the 6,420
visitation order or decree. 6,421
(J)(1) Subject to division (F) of section 3319.321 of the 6,423
Revised Code, when a court issues an order or decree allocating 6,424
parental rights and responsibilities for the care of a child, the 6,425
parent of the child who is not the residential parent of the 6,426
child is entitled to access, under the same terms and conditions 6,427
under which access is provided to the residential parent, to any 6,428
student activity that is related to the child and to which the 6,429
residential parent of the child legally is provided access, 6,430
unless the court determines that it would not be in the best 6,431
interest of the child to grant the parent who is not the 6,432
residential parent access to the student activities under those 6,433
same terms and conditions. If the court determines that the 6,434
parent of the child who is not the residential parent should not 6,435
have access to any student activity that is related to the child 6,436
under the same terms and conditions as provided for the 6,437
residential parent, the court shall specify the terms and 6,438
conditions under which the parent who is not the residential 6,439
parent is to have access to those student activities, shall enter 6,440
its written findings of facts and opinion in the journal, and 6,441
shall issue an order containing the terms and conditions to both 6,442
the residential parent and the parent of the child who is not the 6,443
residential parent. The court shall include in every order 6,444
issued pursuant to this division notice that any school official 6,445
154
or employee who knowingly fails to comply with the order or 6,446
division (J) of this section is in contempt of court. 6,447
(2) Subject to division (F) of section 3319.321 of the 6,449
Revised Code, subsequent to the issuance of an order under 6,450
division (J)(1) of this section, all school officials and 6,451
employees shall permit the parent of the child who is not the 6,452
residential parent to have access to any student activity under 6,453
the same terms and conditions under which access is provided to 6,454
the residential parent of the child, unless the residential 6,455
parent has presented the school official or employee, the board 6,456
of education of the school, or the governing body of the 6,457
chartered nonpublic school with a copy of an order issued under 6,458
division (J)(1) of this section that limits the terms and 6,459
conditions under which the parent who is not the residential 6,460
parent is to have access to student activities related to the 6,461
child and the order pertains to the student activity in question. 6,462
If the residential parent presents the school official or 6,463
employee, the board of education of the school, or the governing 6,464
body of the chartered nonpublic school with a copy of that type 6,465
of order, the school official or employee shall permit the parent 6,466
who is not the residential parent to have access to the student 6,467
activity only in accordance with the most recent order that has 6,468
been issued pursuant to division (J)(1) of this section and 6,469
presented to the school official or employee, the board of 6,470
education of the school, or the governing body of the chartered 6,471
nonpublic school by the residential parent or the parent who is 6,472
not the residential parent. Any school official or employee who 6,473
knowingly fails to comply with division (J) of this section or 6,474
with any order issued pursuant to division (J)(1) of this section 6,475
is in contempt of court. 6,476
(K)(F) If any person is found in contempt of court for 6,478
failing to comply with or interfering with any order or decree 6,479
granting companionship or visitation rights that is issued 6,480
pursuant to this section, section 3109.11 3109.60 or 3109.12 6,482
155
3109.61 of the Revised Code, or any other provision of the 6,483
Revised Code, the court that makes the finding, in addition to 6,484
any other penalty or remedy imposed, shall assess all court costs 6,485
arising out of the contempt proceeding against the person and 6,486
require the person to pay any reasonable attorney's fees of any 6,487
adverse party, as determined by the court, that arose in relation 6,488
to the act of contempt, and may award reasonable compensatory 6,489
visitation to the person whose right of visitation was affected 6,490
by the failure or interference if such compensatory visitation is 6,491
in the best interest of the child. Any compensatory visitation 6,492
awarded under this division shall be included in an order issued 6,493
by the court and, to the extent possible, shall be governed by 6,494
the same terms and conditions as was the visitation that was 6,495
affected by the failure or interference. 6,496
(L)(G) Any person who requests reasonable companionship or 6,498
visitation rights with respect to a child under this section, 6,499
section 3109.11 3109.60 or 3109.12 3109.61 of the Revised Code, 6,501
or any other provision of the Revised Code may file a motion with 6,502
the court requesting that it waive all or any part of the costs 6,503
that may accrue in the proceedings under this section, section 6,504
3109.11 3109.60, or section 3109.12 3109.61 of the Revised Code. 6,506
If the court determines that the movant is indigent and that the 6,508
waiver is in the best interest of the child, the court, in its 6,509
discretion, may waive payment of all or any part of the costs of 6,510
those proceedings.
(M)(H) The juvenile court has exclusive jurisdiction to 6,512
enter the orders in any case certified to it from another court. 6,513
(I) EXCEPT AS PROVIDED IN DIVISION (E)(6) OF SECTION 6,515
3113.31 OF THE REVISED CODE, IF THE COURT, PURSUANT TO THIS 6,516
SECTION, GRANTS ANY PERSON COMPANIONSHIP OR VISITATION RIGHTS 6,517
WITH RESPECT TO ANY CHILD, IT SHALL NOT REQUIRE THE PUBLIC 6,518
CHILDREN SERVICES AGENCY TO PROVIDE SUPERVISION OF OR OTHER
SERVICES RELATED TO THAT PERSON'S EXERCISE OF COMPANIONSHIP OR 6,519
VISITATION RIGHTS WITH RESPECT TO THE CHILD. THIS SECTION DOES 6,520
156
NOT LIMIT THE POWER OF A JUVENILE COURT PURSUANT TO CHAPTER 2151. 6,521
OF THE REVISED CODE TO ISSUE ORDERS WITH RESPECT TO CHILDREN WHO 6,522
ARE ALLEGED TO BE ABUSED, NEGLECTED, OR DEPENDENT CHILDREN OR TO 6,523
MAKE DISPOSITIONS OF CHILDREN WHO ARE ADJUDICATED ABUSED,
NEGLECTED, OR DEPENDENT CHILDREN OR OF A COMMON PLEAS COURT TO 6,524
ISSUE ORDERS PURSUANT TO SECTION 3113.31 OF THE REVISED CODE. 6,525
(N) As used in this section: 6,527
(1) "Abused child" has the same meaning as in section 6,529
2151.031 of the Revised Code, and "neglected child" has the same 6,530
meaning as in section 2151.03 of the Revised Code. 6,531
(2) "Record" means any record, document, file, or other 6,533
material that contains information directly related to a child, 6,534
including, but not limited to, any of the following: 6,535
(a) Records maintained by public and nonpublic schools; 6,537
(b) Records maintained by facilities that provide child 6,539
day-care, as defined in section 5104.01 of the Revised Code, 6,540
publicly funded child day-care, as defined in section 5104.01 of 6,541
the Revised Code, or pre-school services operated by or under the 6,542
supervision of a school district board of education or a 6,543
nonpublic school; 6,544
(c) Records maintained by hospitals, other facilities, or 6,546
persons providing medical or surgical care or treatment for the 6,547
child; 6,548
(d) Records maintained by agencies, departments, 6,550
instrumentalities, or other entities of the state or any 6,551
political subdivision of the state, other than a child support 6,552
enforcement agency. Access to records maintained by a child 6,553
support enforcement agency is governed by division (G)(2) of 6,554
section 2301.35 of the Revised Code. 6,555
(3) "Confidential law enforcement investigatory record" 6,557
has the same meaning as in section 149.43 of the Revised Code. 6,558
Sec. 3109.11 3109.60. If either the father or mother of an 6,567
unmarried minor child is deceased, the court of common pleas of 6,568
the county in which the minor child resides may grant the parents 6,569
157
and other relatives of the deceased father or mother reasonable 6,570
companionship or visitation rights with respect to the minor 6,571
child during the child's minority if the parent or other relative 6,572
files a complaint requesting reasonable companionship or 6,574
visitation rights and if the court determines that the granting 6,575
of the companionship or visitation rights is in the best interest 6,576
of the minor child. In determining whether to grant any person 6,577
reasonable companionship or visitation rights with respect to any 6,578
child, the court shall consider all relevant factors, including, 6,579
but not limited to, the factors set forth in division (D) of 6,580
section 3109.051 3109.59 of the Revised Code. Divisions (C)(B), 6,582
(K)(F), and (L)(G) of section 3109.051 3109.59 of the Revised 6,584
Code apply to the determination of reasonable companionship or 6,585
visitation rights under this section and to any order granting 6,586
any such rights that is issued under this section. 6,587
The remarriage of the surviving parent of the child does 6,589
not affect the authority of the court under this section to grant 6,590
reasonable companionship or visitation rights with respect to the 6,591
child to a parent or other relative of the child's deceased 6,592
father or mother. 6,593
If the court denies a request for reasonable companionship 6,595
or visitation rights made pursuant to this section and the 6,596
complainant files a written request for findings of fact and 6,597
conclusions of law, the court shall state in writing its findings 6,598
of fact and conclusions of law in accordance with Civil Rule 52. 6,599
Except as provided in division (E)(6) of section 3113.31 of 6,601
the Revised Code, if the court, pursuant to this section, grants 6,602
any person companionship or visitation rights with respect to any 6,603
child, it shall not require the public children services agency 6,604
to provide supervision of or other services related to that 6,605
person's exercise of companionship or visitation rights with 6,606
respect to the child. This section does not limit the power of a 6,607
juvenile court pursuant to Chapter 2151. of the Revised Code to 6,608
issue orders with respect to children who are alleged to be 6,609
158
abused, neglected, or dependent children or to make dispositions 6,610
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 6,611
section 3113.31 of the Revised Code. 6,612
Sec. 3109.12 3109.61. (A) If a child is born to an 6,621
unmarried woman, the parents of the woman and any relative of the 6,622
woman may file a complaint requesting the court of common pleas 6,623
of the county in which the child resides to grant them reasonable 6,624
companionship or visitation rights with the child. If a child is 6,625
born to an unmarried woman and if the father of the child has 6,626
acknowledged the child pursuant to section 2105.18 of the Revised 6,627
Code or has been determined in an action under Chapter 3111. of 6,628
the Revised Code to be the father of the child, the father, the 6,629
parents of the father, and any relative of the father may file a 6,630
complaint requesting the court of common pleas of the county in 6,631
which the child resides to grant them reasonable companionship or 6,632
visitation rights with respect to the child. 6,633
(B) The court may grant the companionship or visitation 6,635
rights requested under division (A) of this section, if it 6,636
determines that the granting of the companionship or visitation 6,637
rights is in the best interest of the child. In determining 6,638
whether to grant any person reasonable companionship or 6,639
visitation rights with respect to any child, the court shall 6,640
consider all relevant factors, including, but not limited to, the 6,641
factors set forth in division (D)(C) of section 3109.051 3109.59 6,643
of the Revised Code. Divisions (C)(B), (K)(F), and (L)(G) of 6,645
section 3109.051 3109.59 of the Revised Code apply to the 6,646
determination of reasonable companionship or visitation rights 6,647
under this section and to any order granting any such rights that 6,648
is issued under this section.
The marriage or remarriage of the mother or father of a 6,650
child does not affect the authority of the court under this 6,651
section to grant the natural father, the parents or relatives of 6,652
the natural father, or the parents or relatives of the mother of 6,653
159
the child reasonable companionship or visitation rights with 6,654
respect to the child. 6,655
If the court denies a request for reasonable companionship 6,657
or visitation rights made pursuant to division (A) of this 6,658
section and the complainant files a written request for findings 6,659
of fact and conclusions of law, the court shall state in writing 6,660
its findings of fact and conclusions of law in accordance with 6,661
Civil Rule 52. 6,662
Except as provided in division (E)(6) of section 3113.31 of 6,664
the Revised Code, if the court, pursuant to this section, grants 6,665
any person companionship or visitation rights with respect to any 6,666
child, it shall not require the public children services agency 6,667
to provide supervision of or other services related to that 6,668
person's exercise of companionship or visitation rights with 6,669
respect to the child. This section does not limit the power of a 6,670
juvenile court pursuant to Chapter 2151. of the Revised Code to 6,671
issue orders with respect to children who are alleged to be 6,672
abused, neglected, or dependent children or to make dispositions 6,673
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 6,674
section 3113.31 of the Revised Code. 6,675
Sec. 3109.62. (A) IF A MAN IS PRESUMED TO BE THE FATHER 6,678
OF A CHILD PURSUANT TO DIVISION (A)(3), (4), OR (5) OF SECTION 6,679
3111.03 OF THE REVISED CODE OR IS DETERMINED TO BE THE FATHER OF 6,681
A CHILD PURSUANT TO SECTION 3111.13, 3111.21, OR 3111.22 OF THE 6,682
REVISED CODE, THE MOTHER OR FATHER MAY BRING AN ACTION TO 6,683
ALLOCATE THE PARENTING FUNCTIONS AND RESPONSIBILITIES FOR THE 6,684
CARE OF THE CHILD BETWEEN THE MOTHER AND FATHER. THE ALLOCATION 6,685
SHALL BE MADE PURSUANT TO SECTIONS 3109.40 TO 3109.62 OF THE 6,687
REVISED CODE. UNTIL A PARENTING DECREE IS ISSUED PURSUANT TO 6,688
SECTION 3109.49 OF THE REVISED CODE GIVING SUCH RIGHTS TO THE 6,689
FATHER, THE MOTHER SHALL BE THE ONLY PARENT WITH THE LEGAL RIGHT 6,690
TO EXERCISE PARENTING FUNCTIONS AND RESPONSIBILITIES WITH RESPECT 6,692
TO THE CHILD AND TO HAVE THE LEGAL RIGHT TO HAVE CONTACT WITH THE 6,693
160
CHILD.
(B) THE JUVENILE COURT HAS ORIGINAL JURISDICTION OF THE 6,696
ACTION AUTHORIZED BY THIS SECTION. AN ACTION PURSUANT TO THIS 6,697
SECTION MAY BE BROUGHT IN THE JUVENILE COURT OF THE COUNTY IN 6,698
WHICH THE CHILD, THE CHILD'S MOTHER, OR THE CHILD'S FATHER 6,699
RESIDES OR IS FOUND.
Sec. 3111.13. (A) The judgment or order of the court 6,708
determining the existence or nonexistence of the parent and child 6,709
relationship is determinative for all purposes. 6,710
(B) If the judgment or order of the court is at variance 6,712
with the child's birth record, the court may order that a new 6,713
birth record be issued under section 3111.18 of the Revised Code. 6,714
(C) The judgment or order may contain any other provision 6,716
directed against the appropriate party to the proceeding, 6,717
concerning the duty of support, the furnishing of bond or other 6,718
security for the payment of the judgment, or any other matter in 6,719
the best interest of the child. The judgment or order shall 6,720
direct the father to pay all or any part of the reasonable 6,721
expenses of the mother's pregnancy and confinement. THE JUDGMENT 6,722
OR ORDER SHALL STATE THAT THE MOTHER SHALL BE THE ONLY PARENT 6,723
THAT MAY EXERCISE THE PARENTING FUNCTIONS AND RESPONSIBILITIES 6,724
FOR THE CARE OF THE CHILD AND HAVE THE LEGAL RIGHT TO HAVE 6,725
CONTACT WITH THE CHILD, AND SHALL BE THE ONLY RESIDENTIAL PARENT 6,726
AND LEGAL CUSTODIAN OF THE CHILD, UNTIL A PARENTING DECREE IS 6,727
ISSUED PURSUANT TO SECTION 3109.49 OF THE REVISED CODE GIVING
SUCH RIGHTS TO THE FATHER. After entry of the judgment or order, 6,729
the father OR MOTHER may petition that he be designated the 6,731
residential parent and legal custodian of the child or for 6,732
visitation rights in a proceeding separate from any action to 6,733
establish paternity BRING AN ACTION PURSUANT TO SECTION 3109.62 6,734
OF THE REVISED CODE TO ALLOCATE THE PARENTING FUNCTIONS AND
RESPONSIBILITIES FOR THE CARE OF THE CHILD BETWEEN THE MOTHER AND 6,735
FATHER. Additionally, if the mother is unmarried, the father, 6,737
the parents of the father, any relative of the father, the 6,738
161
parents of the mother, and any relative of the mother may file a 6,739
complaint pursuant to section 3109.12 3109.61 of the Revised Code 6,741
requesting the granting under that section of reasonable 6,742
companionship or visitation rights with respect to the child. 6,743
The judgment or order shall contain any provision required 6,745
by division (B) of section 3111.14 of the Revised Code. 6,746
(D) Support judgments or orders ordinarily shall be for 6,748
periodic payments that may vary in amount. In the best interest 6,749
of the child, a lump-sum payment or the purchase of an annuity 6,750
may be ordered in lieu of periodic payments of support. 6,751
(E) In determining the amount to be paid by a parent for 6,753
support of the child and the period during which the duty of 6,754
support is owed, a court enforcing the obligation of support 6,755
shall comply with sections 3113.21 to 3113.219 of the Revised 6,756
Code. 6,757
(F)(1) Each order for child support made or modified under 6,759
this section on or after December 31, 1993, shall include as part 6,760
of the order a general provision, as described in division (A)(1) 6,761
of section 3113.21 of the Revised Code, requiring the withholding 6,762
or deduction of wages or assets of the obligor under the order as 6,763
described in division (D) or (H) of section 3113.21 of the 6,764
Revised Code, or another type of appropriate requirement as 6,765
described in division (D)(6), (D)(7), or (H) of that section, to 6,766
ensure that withholding or deduction from the wages or assets of 6,767
the obligor is available from the commencement of the support 6,768
order for collection of the support and of any arrearages that 6,769
occur; a statement requiring all parties to the order to notify 6,770
the child support enforcement agency in writing of their current 6,771
mailing address, their current residence address, and any changes 6,772
in either address; and a notice that the requirement to notify 6,773
the agency of all changes in either address continues until 6,774
further notice from the court. Any court that makes or modifies 6,775
an order for child support under this section on or after April 6,776
12, 1990, shall comply with sections 3113.21 to 3113.219 of the 6,777
162
Revised Code. If any person required to pay child support under 6,778
an order made under this section on or after April 15, 1985, or 6,779
modified on or after December 1, 1986, is found in contempt of 6,780
court for failure to make support payments under the order, the 6,781
court that makes the finding, in addition to any other penalty or 6,782
remedy imposed, shall assess all court costs arising out of the 6,783
contempt proceeding against the person and require the person to 6,784
pay any reasonable attorney's fees of any adverse party, as 6,785
determined by the court, that arose in relation to the act of 6,786
contempt. 6,787
(2) Notwithstanding section 3109.01 of the Revised Code, 6,789
if a court issues a child support order under this section, the 6,790
order shall remain in effect beyond the child's eighteenth 6,791
birthday as long as the child continuously attends on a full-time 6,792
basis any recognized and accredited high school. Any parent 6,793
ordered to pay support under a child support order issued under 6,794
this section shall continue to pay support under the order, 6,795
including during seasonal vacation periods, until the order 6,796
terminates. 6,797
(3) When a court determines whether to require a parent to 6,799
pay an amount for that parent's failure to support a child prior 6,800
to the date the court issues an order requiring that parent to 6,801
pay an amount for the current support of that child, it shall 6,802
consider all relevant factors, including, but not limited to, any 6,803
monetary contribution either parent of the child made to the 6,804
support of the child prior to the court issuing the order 6,805
requiring the parent to pay an amount for the current support of 6,806
the child. 6,807
(G) As used in this section, "birth record" has the same 6,809
meaning as in section 3705.01 of the Revised Code. 6,810
Sec. 3111.23. (A)(1) If an administrative officer of a 6,819
child support enforcement agency issues an administrative support 6,820
order under section 3111.20, 3111.21, or 3111.22 of the Revised 6,822
Code, the agency shall require the withholding or deduction of an 6,823
163
amount of the wages or assets of the obligor in accordance with 6,824
division (B) of this section to ensure that withholding or 6,825
deduction from the wages or assets of the obligor is available 6,826
from the commencement of the administrative support order for the 6,827
collection of the support and any arrearages that occur. The 6,828
agency shall determine the specific withholding or deduction 6,829
requirements applicable to the obligor under the administrative 6,830
support order in accordance with division (B) of this section and 6,831
shall include the specific requirements in the notices described 6,832
in divisions (A)(2) and (B) of this section. Any person required 6,833
to comply with the withholding or deduction requirements shall 6,834
determine the manner of withholding or deducting an amount of the 6,835
wages or assets of the obligor in accordance with the specific 6,836
requirements included in the notices described in those divisions 6,837
without the need for any amendment to the administrative support 6,838
order. The agency shall include in an administrative support 6,839
order under section 3111.20, 3111.21, or 3111.22 of the Revised 6,840
Code a general provision that states the following: 6,841
"All child support ordered by this administrative support 6,843
order shall be withheld or deducted from the wages or assets of 6,844
the obligor pursuant to a withholding or deduction notice issued 6,846
in accordance with section 3111.23 of the Revised Code and shall 6,847
be forwarded to the obligee in accordance with sections 3111.23 6,848
to 3111.28 of the Revised Code." 6,849
(2) In any action in which support is ordered or modified 6,851
under an administrative support order as described in division 6,852
(A)(1) of this section, the child support enforcement agency 6,853
shall determine in accordance with division (B) of this section 6,854
the types of withholding or deduction requirements that should be 6,855
imposed relative to the obligor under the administrative support 6,856
order to collect the support due under the order. Within fifteen 6,857
days after the obligor under the administrative support order is 6,858
located subsequent to the issuance of the administrative support 6,859
order or within fifteen days after the default under the 6,860
164
administrative support order, whichever is applicable, the agency 6,861
shall send a notice by regular mail to each person required to 6,862
comply with a withholding or deduction requirement. The notice 6,863
shall specify the withholding or deduction requirement and shall 6,864
contain all of the information set forth in division (B)(1)(b), 6,865
(2)(b), (3)(b), (4)(b), or (5)(b) of this section that is 6,866
applicable to the requirement. The notices, plus the notices 6,867
provided by the child support enforcement agency that require the 6,868
obligor to notify the agency of any change in the obligor's 6,869
employment status or of any other change in the status of the 6,870
obligor's assets, are final and are enforceable by the court. 6,872
The agency shall provide the notice to the obligor in accordance 6,873
with division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of 6,874
this section, whichever is applicable, and shall include with 6,875
that notice the additional notices described in the particular 6,876
division that is applicable.
(3)(a) If support is ordered or modified on or after 6,878
December 31, 1993, under an administrative support order issued 6,879
under section 3111.20, 3111.21, or 3111.22 of the Revised Code, 6,881
if the child support enforcement agency has determined in 6,882
accordance with division (A)(2) of this section the types of 6,883
withholding or deduction requirements that should be imposed 6,884
relative to the obligor under the support order to collect the 6,885
support due under the order, if the agency has sent the 6,886
appropriate notices to the persons required to comply with the 6,887
withholding or deduction requirements that the agency determined 6,888
should be imposed, and if the agency is notified or otherwise 6,889
determines that the employment status or other circumstances of 6,890
the obligor have changed, the agency shall conduct an 6,891
investigation to determine whether it is more appropriate to 6,892
impose another type of or an additional withholding or deduction 6,893
requirement regarding the administrative support order and shall 6,894
issue and send by regular mail one or more notices described in 6,895
division (B) of this section that it determines are appropriate. 6,896
165
The notices shall be sent within fifteen days after the obligor 6,897
under the administrative support order is located or within 6,898
fifteen days after the default under the administrative support 6,899
order, whichever is applicable. The notices shall specify the 6,900
withholding or deduction requirement and shall contain all of the 6,901
information set forth in division (B)(1)(b), (2)(b), (3)(b), 6,902
(4)(b), or (5)(b) of this section that is applicable. The agency 6,903
shall provide the notices to the obligor in accordance with 6,904
division (B)(1)(c), (2)(c), (3)(c), (4)(c), or (5)(c) of this 6,905
section, whichever is applicable, and shall include with that 6,906
notice the additional notices described in the particular 6,907
division that is applicable. The notices are final and are 6,908
enforceable by the court. 6,909
If the child support enforcement agency previously has 6,911
issued one or more notices containing one or more of the 6,912
requirements described in division (B) of this section and the 6,913
agency determines that any of the requirements no longer are 6,914
appropriate due to the change in the employment status or other 6,915
circumstances of the obligor, the agency immediately shall cancel 6,916
any previously issued notice that no longer is appropriate, shall 6,917
send written notice of the cancellation by regular mail to the 6,918
person who was required to comply with the withholding or 6,919
deduction requirement contained in the canceled notice, and shall 6,920
issue one or more new notices containing one or more requirements 6,921
described in division (B) of this section that it determines are 6,922
appropriate. The notices shall be sent within fifteen days after 6,923
the obligor under the administrative support order is located or 6,924
within fifteen days after the default under the administrative 6,925
support order, whichever is applicable. 6,926
(b) If support has been ordered prior to December 31, 6,928
1993, under an administrative support order issued under section 6,929
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 6,930
administrative support order has not been modified on or after 6,932
December 31, 1993, if the administrative support order includes a 6,933
166
provision that is substantively comparable to the general 6,934
provision described in division (A)(1) of this section that must 6,935
be included in all administrative support orders issued or 6,936
modified on or after December 31, 1993, and if the child support 6,937
enforcement agency is notified or otherwise determines that the 6,938
employment status or other circumstances of the obligor under the 6,939
support order have changed so that it is appropriate to impose a 6,940
withholding or deduction requirement as described in division (B) 6,941
of this section to collect the support due under the order, the 6,942
agency shall comply with division (A)(3)(a) of this section as if 6,943
the administrative support order had been issued or modified on 6,944
or after December 31, 1993, and as if it included the general 6,945
provision described in division (A)(1) of that section that must 6,946
be included in all administrative support orders issued or 6,947
modified on or after that date. The notices issued under this 6,948
division are final and are enforceable by the court. 6,949
(c) If support has been ordered prior to December 31, 6,951
1993, under an administrative support order issued under section 6,952
3111.20, 3111.21, or 3111.22 of the Revised Code, if the 6,953
administrative support order has not been modified on or after 6,955
December 31, 1993, if the administrative support order does not 6,956
include a provision that is substantively comparable to the 6,957
general provision described in division (A)(1) of this section 6,958
that must be included in all administrative support orders issued 6,959
or modified on or after December 31, 1993, and if the child 6,960
support enforcement agency is notified or otherwise determines 6,961
that the employment status or other circumstances of the obligor 6,962
under the support order have changed so that it is appropriate to 6,963
impose a withholding or deduction requirement as described in 6,964
division (B) of this section to collect the support due under the 6,965
order, the agency may reissue the administrative support order in 6,966
question to be identical to the administrative support order 6,967
except for a general provision, as described in division (A)(1) 6,968
of this section, requiring the withholding or deduction of wages 6,969
167
or assets of the obligor in accordance with division (B) of this 6,970
section to ensure that withholding or deduction from the wages or 6,971
assets is available for the collection of current support and any 6,972
arrearages that occur. Except for the inclusion of the general 6,973
provision, the provisions of a reissued administrative support 6,974
order under this division shall be identical to those of the 6,975
administrative support order in question, and the child support 6,976
enforcement agency shall issue one or more notices requiring 6,977
withholding or deduction of wages or assets of the obligor in 6,978
accordance with divisions (A)(2) and (B) of this section. 6,979
Thereafter, division (A)(3)(a) of this section applies to the 6,980
issuance of notices under those divisions with respect to that 6,981
administrative support order. The notices issued under this 6,983
division are final and are enforceable by the court. The general 6,984
provision for the withholding or deduction of wages or assets to 6,985
be included in the reissued administrative support order 6,986
specifically shall include the statement set forth in division 6,987
(A)(1) of this section. 6,988
(4) If, pursuant to division (A)(2) or (A)(3)(a), (b), or 6,990
(c) of this section, a person is sent a notice described in 6,991
division (B) of this section requiring a withholding or deduction 6,992
requirement and the person fails to comply with the notice, the 6,993
child support enforcement agency, in accordance with section 6,994
3111.28 of the Revised Code, shall request the court to find the 6,995
person in contempt pursuant to section 2705.02 of the Revised 6,996
Code.
(5) The department of human services shall adopt standard 6,998
forms for the support withholding and deduction notices 6,999
prescribed by divisions (A)(1) to (3) and (B) of this section. 7,000
All child support enforcement agencies shall use the forms in 7,001
complying with this section. 7,002
(B) If a child support enforcement agency is required by 7,004
division (A) of this section to issue one or more withholding or 7,005
deduction notices described in this division, the agency shall 7,006
168
issue one or more of the following types of notices to pay the 7,007
support required under the administrative support order in 7,008
question and to pay any arrearages: 7,009
(1)(a) If the child support enforcement agency determines 7,011
that the obligor is employed, the agency shall require the 7,012
obligor's employer to withhold from the obligor's personal 7,013
earnings a specified amount for support in satisfaction of the 7,014
administrative support order, to begin the withholding no later 7,015
than the first pay period that occurs after fourteen working days 7,016
following the date the notice was mailed to the employer under 7,017
divisions (A)(2) or (3) and (B)(1)(b) of this section, to send 7,018
the amount withheld to the child support enforcement agency 7,019
designated for that county pursuant to section 2301.35 of the 7,020
Revised Code, to send that amount to the agency immediately but 7,021
not later than ten days after the date the obligor is paid, and 7,022
to continue the withholding at intervals specified in the notice 7,023
until further notice from the agency. To the extent possible, 7,024
the amount specified in the notice to be withheld shall satisfy 7,025
the amount ordered for support in the administrative support 7,026
order plus any arrearages that may be owed by the obligor under 7,027
any prior court or administrative support order that pertained to 7,028
the same child or spouse, notwithstanding the limitations of 7,029
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 7,030
Code. However, in no case shall the sum of the amount specified 7,031
in the notice to be withheld and any fee withheld by the employer 7,032
as a charge for its services exceed the maximum amount permitted 7,033
under section 303(b) of the "Consumer Credit Protection Act," 15 7,034
U.S.C. 1673(b). 7,035
(b) If the agency imposes a withholding requirement under 7,037
division (B)(1)(a) of this section, the agency, within the 7,038
applicable period of time specified in division (A) of this 7,039
section, shall send to the obligor's employer by regular mail a 7,040
notice that contains all of the information set forth in 7,041
divisions (B)(1)(b)(i) to (xi) of this section. The notice is 7,042
169
final and is enforceable by the court. The notice shall contain 7,043
all of the following: 7,044
(i) The amount to be withheld from the obligor's wages and 7,046
a statement that the amount actually withheld for support and 7,047
other purposes, including the fee described in division 7,048
(B)(1)(b)(xi) of this section, shall not be in excess of the 7,049
maximum amounts permitted under section 303(b) of the "Consumer 7,050
Credit Protection Act," 15 U.S.C. 1673(b); 7,051
(ii) A statement that the employer is required to send the 7,053
amount withheld to the child support enforcement agency 7,054
immediately, but not later than ten working days, after the 7,055
obligor is paid by the employer and is required to report to the 7,056
agency the date on which the amount was withheld from the 7,057
obligor's wages; 7,058
(iii) A statement that the withholding is binding upon the 7,060
employer until further notice from the agency; 7,061
(iv) A statement that the employer is subject to a fine to 7,063
be determined under the law of this state for discharging the 7,064
obligor from employment, refusing to employ the obligor, or 7,065
taking any disciplinary action against the obligor because of the 7,066
withholding requirement; 7,067
(v) A statement that, if the employer fails to withhold 7,069
wages in accordance with the provisions of the notice, the 7,070
employer is liable for the accumulated amount the employer should 7,071
have withheld from the obligor's wages; 7,072
(vi) A statement that the withholding in accordance with 7,074
the notice and under the provisions of this section has priority 7,075
over any other legal process under the law of this state against 7,076
the same wages; 7,077
(vii) The date on which the notice was mailed and a 7,079
statement that the employer is required to implement the 7,080
withholding no later than the first pay period that occurs after 7,081
fourteen working days following the date the notice was mailed 7,082
and is required to continue the withholding at the intervals 7,083
170
specified in the notice; 7,084
(viii) A requirement that the employer promptly notify the 7,086
child support enforcement agency, in writing, within ten working 7,087
days after the date of any termination of the obligor's 7,088
employment, any layoff of the obligor, any leave of absence of 7,089
the obligor without pay, or any other situation in which the 7,090
employer ceases to pay personal earnings in an amount sufficient 7,091
to comply with the administrative order to the obligor and 7,092
provide the agency with the obligor's last known address; 7,093
(ix) A requirement that the employer identify in the 7,095
notification given under division (B)(1)(b)(viii) of this section 7,096
any types of benefits other than personal earnings that the 7,097
obligor is receiving or is eligible to receive as a benefit of 7,098
employment or as a result of the obligor's termination of 7,099
employment, including, but not limited to, unemployment 7,100
compensation, workers' compensation benefits, severance pay, sick 7,101
leave, lump sum payments of retirement benefits or contributions, 7,102
and bonuses or profit-sharing payments or distributions, and the 7,103
amount of such benefits, and include in the notification the 7,104
obligor's last known address and telephone number, date of birth, 7,105
social security number, and case number and, if known, the name 7,106
and business address of any new employer of the obligor; 7,107
(x) A requirement that, no later than the earlier of 7,109
forty-five days before the lump-sum payment is to be made or, if 7,110
the obligor's right to the lump-sum payment is determined less 7,111
than forty-five days before it is to be made, the date on which 7,112
that determination is made, the employer notify the child support 7,113
enforcement agency of any lump-sum payments of any kind of five 7,114
hundred dollars or more that are to be paid to the obligor, hold 7,115
the lump-sum payments of five hundred dollars or more for thirty 7,116
days after the date on which the lump-sum payments otherwise 7,117
would have been paid to the obligor, if the lump-sum payments are 7,118
workers' compensation benefits, severance pay, sick leave, 7,119
lump-sum payments of retirement benefits or contributions, annual 7,120
171
bonuses, or profit-sharing payments or distributions, and, upon 7,121
order of the agency, pay any specified amount of the lump-sum 7,122
payment to the child support enforcement agency. 7,123
(xi) A statement that, in addition to the amount withheld 7,125
for support, the employer may withhold a fee from the obligor's 7,126
earnings as a charge for its services in complying with the 7,127
notice a specification of the amount that may be withheld. 7,128
(c) The agency shall send the notice described in division 7,130
(B)(1)(b) of this section to the obligor, and shall attach to the 7,131
notice an additional notice requiring the obligor immediately to 7,132
notify the child support enforcement agency, in writing, of any 7,133
change in employment, including self-employment, and of the 7,134
availability of any other sources of income that can be the 7,135
subject of any withholding or deduction requirement described in 7,136
division (B) of this section. The agency shall serve the notices 7,137
upon the obligor at the same time as service of the 7,138
administrative support order or, if the administrative support 7,139
order previously has been issued, shall send the notices to the 7,140
obligor by regular mail at the obligor's last known address at 7,142
the same time that it sends the notice described in division 7,143
(B)(1)(b) of this section to the employer. The notification 7,144
required of the obligor shall include a description of the nature 7,145
of any new employment, the name and business address of any new 7,146
employer, and any other information reasonably required by the 7,147
agency. No obligor shall fail to give the notification as 7,148
required by division (B)(1)(c) of this section. 7,149
(2)(a) If the child support enforcement agency determines 7,151
that the obligor is receiving workers' compensation payments, the 7,152
agency may require the bureau of workers' compensation or the 7,153
employer that has been granted the privilege of paying 7,154
compensation directly and that is paying workers' compensation 7,155
benefits to the obligor to withhold from the obligor's workers' 7,156
compensation payments a specified amount for support in 7,157
satisfaction of the administrative support order, to begin the 7,158
172
withholding no later than the date of the first payment that 7,159
occurs after fourteen working days following the date the notice 7,160
was mailed to the bureau or employer under divisions (A)(2) or 7,161
(3) and (B)(2)(b) of this section, to send the amount withheld to 7,162
the child support enforcement agency designated for that county 7,163
pursuant to section 2301.35 of the Revised Code, to send that 7,164
amount to the agency immediately but not later than ten days 7,165
after the date the payment is made to the obligor, to provide the 7,166
date on which the amount was withheld, and to continue the 7,167
withholding at intervals specified in the notice until further 7,168
notice from the agency. To the extent possible, the amount 7,169
specified in the notice to be withheld shall satisfy the amount 7,170
ordered for support in the administrative support order plus any 7,171
arrearages that may be owed by the obligor under any prior court 7,172
or administrative support order that pertained to the same child 7,173
or spouse, notwithstanding the limitations of section 4123.67 of 7,174
the Revised Code. However, in no case shall the sum of the 7,175
amount specified in the notice to be withheld and any fee 7,176
withheld by an employer as a charge for its services exceed the 7,177
maximum amount permitted under section 303(b) of the "Consumer 7,178
Credit Protection Act," 15 U.S.C. 1673(b). 7,179
(b) If the agency imposes a withholding requirement under 7,181
division (B)(2)(a) of this section, it, within the applicable 7,182
period of time specified in division (A) of this section, shall 7,183
send to the bureau of workers' compensation or the employer that 7,184
is paying the obligor's workers' compensation benefits by regular 7,185
mail a notice that contains all of the information set forth in 7,186
divisions (B)(2)(b)(i) to (x) of this section. The notice is 7,187
final and is enforceable by the court. The notice shall contain 7,188
all of the following: 7,189
(i) The amount to be withheld from the obligor's worker's 7,191
compensation payments and a statement that the amount actually 7,192
withheld for support and other purposes, including the fee 7,193
described in division (B)(2)(b)(x) of this section, if 7,194
173
applicable, shall not be in excess of the maximum amounts 7,195
permitted under section 303(b) of the "Consumer Credit Protection 7,196
Act," 15 U.S.C. 1673(b); 7,197
(ii) A statement that the bureau or employer is required 7,199
to send the amount withheld to the child support enforcement 7,200
agency immediately, but not later than ten working days, after 7,201
the payment is made to the obligor and is required to report to 7,202
the agency the date on which the amount was withheld from the 7,203
obligor's payments; 7,204
(iii) A statement that the withholding is binding upon the 7,206
bureau or employer until further notice from the court or agency; 7,207
(iv) If the notice is sent to an employer who is paying 7,209
the obligor's worker's compensation benefits, a statement that, 7,210
if the employer fails to withhold from the obligor's worker's 7,211
compensation payments in accordance with the provisions of the 7,212
notice, the employer is liable for the accumulated amount the 7,213
employer should have withheld from the obligor's payments; 7,214
(v) A statement that the withholding in accordance with 7,216
the notice and under the provisions of this section has priority 7,217
over any other legal process under the law of this state against 7,218
the same payment of benefits; 7,219
(vi) The date on which the notice was mailed and a 7,221
statement that the bureau or employer is required to implement 7,222
the withholding no later than the date of the first payment that 7,223
occurs after fourteen working days following the date the notice 7,224
was mailed and is required to continue the withholding at the 7,225
intervals specified in the notice; 7,226
(vii) A requirement that the bureau or employer promptly 7,228
notify the child support enforcement agency, in writing, within 7,229
ten working days after the date of any termination of the 7,230
obligor's workers' compensation benefits; 7,231
(viii) A requirement that the bureau or employer include 7,233
in all notices the obligor's last known mailing address, last 7,234
known residence address, and social security number; 7,235
174
(ix) A requirement that, no later than the earlier of 7,237
forty-five days before the lump sum payment is to be made or, if 7,238
the obligor's right to the lump sum payment is determined less 7,239
than forty-five days before it is to be made, the date on which 7,240
that determination is made, the bureau or employer notify the 7,241
child support enforcement agency of any lump-sum payment of any 7,242
kind of five hundred dollars or more that is to be paid to the 7,243
obligor, hold the lump-sum payment for thirty days after the date 7,244
on which the lump-sum payment otherwise would be paid to the 7,245
obligor, and, upon order of the agency, pay any specified amount 7,246
of the lump-sum payment to the agency. 7,247
(x) If the notice is sent to an employer who is paying the 7,249
obligor's workers' compensation benefits a statement that, in 7,250
addition to the amount withheld for support, the employer may 7,251
withhold a fee from the obligor's benefits as a charge for its 7,252
services in complying with the notice and a specification of the 7,253
amount that may be withheld. 7,254
(c) The agency shall send the notice described in division 7,256
(B)(2)(b) of this section to the obligor and shall attach to the 7,257
notice an additional notice requiring the obligor to immediately 7,258
notify the child support enforcement agency, in writing, of any 7,259
change in the obligor's workers' compensation payments, of the 7,261
commencement of employment, including self-employment, and of the 7,262
availability of any other sources of income that can be the 7,263
subject of any withholding or deduction requirement described in 7,264
division (B) of this section. The agency shall serve the notices 7,265
upon the obligor at the same time as service of the 7,266
administrative support order or, if the administrative support 7,267
order previously has been issued, shall send the notices to the 7,268
obligor by regular mail at the obligor's last known address at 7,269
the same time that it sends the notice described in division 7,271
(B)(2)(b) of this section to the bureau or employer. The 7,272
additional notice also shall specify that upon THE OBLIGOR'S 7,273
commencement of employment the obligor may request the child 7,274
175
support enforcement agency to cancel its administrative workers' 7,275
compensation payment withholding notice and instead issue a 7,276
notice requiring the withholding of an amount from the obligor's 7,277
personal earnings for support in accordance with division (B)(1) 7,278
of this section and that upon commencement of employment the 7,279
agency may cancel its workers' compensation payment withholding 7,280
notice and instead will issue a notice requiring the withholding 7,281
of an amount from the obligor's personal earnings for support in 7,282
accordance with division (B)(1) of this section. The 7,284
notification required of the obligor shall include a description 7,285
of the nature of any new employment, the name and business 7,286
address of any new employer, and any other information reasonably 7,287
required by the agency.
(3)(a) If the child support enforcement agency determines 7,289
that the obligor is receiving any pension, annuity, allowance, or 7,290
other benefit or is to receive or has received a warrant 7,291
refunding the obligor's individual account from the public 7,292
employees retirement system, a municipal retirement system 7,293
established subject to sections 145.01 to 145.58 of the Revised 7,294
Code, the police and firemen's disability and pension fund, the 7,296
state teachers retirement system, the school employees retirement 7,297
system, or the state highway patrol retirement system, the agency 7,298
may require the public employees retirement board, the board, 7,299
board of trustees, or other governing entity of any municipal 7,300
retirement system, the board of trustees of the police and 7,301
firemen's disability and pension fund, the state teachers 7,303
retirement board, the school employees retirement board, or the 7,304
state highway patrol retirement board to withhold from the 7,305
obligor's pension, annuity, allowance, other benefit, or warrant 7,306
a specified amount for support in satisfaction of the support 7,307
order, to begin the withholding no later than the date of the 7,308
first payment that occurs after fourteen working days following 7,309
the date the notice was mailed to the board, board of trustees, 7,310
or other entity under divisions (A)(2) or (3) and (B)(3)(b) of 7,311
176
this section, to send the amount withheld to the child support 7,312
enforcement agency designated for that county pursuant to section 7,313
2301.35 of the Revised Code, to send that amount to the agency 7,314
immediately but not later than ten days after the date the 7,315
payment is made to the obligor, to provide the date on which the 7,316
amount was withheld, and to continue the withholding at intervals 7,317
specified in the notice until further withholding notice of the 7,318
agency. To the extent possible, the amount specified in the 7,319
notice to be withheld shall satisfy the amount ordered for 7,320
support in the support order plus any arrearages that may be owed 7,321
by the obligor under any prior court or administrative support 7,322
order that pertained to the same child or spouse, notwithstanding 7,323
the limitations of sections 2329.66, 2329.70, and 2716.13 of the 7,324
Revised Code. However, in no case shall the sum of the amount 7,325
specified in the notice to be withheld and any fee withheld by 7,326
the board, board of trustees, or other entity as a charge for its 7,327
services exceed the maximum amount permitted under section 303(b) 7,328
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 7,329
(b) If the agency imposes a withholding requirement under 7,331
division (B)(3)(a) of this section, it, within the applicable 7,332
period of time specified in division (A) of this section, shall 7,333
send to the board, board of trustees, or other entity by regular 7,334
mail a notice that contains all of the information set forth in 7,335
divisions (B)(3)(b)(i) to (ix) of this section. The notice is 7,336
final and is enforceable by the court. The notice shall contain 7,337
all of the following: 7,338
(i) The amount to be withheld from the obligor's pension, 7,340
annuity, allowance, other benefit, or warrant and a statement 7,341
that the amount actually withheld for support and other purposes, 7,342
including the fee described in division (B)(3)(b)(ix) of this 7,343
section, shall not be in excess of the maximum amounts permitted 7,344
under section 303(b) of the "Consumer Credit Protection Act," 15 7,345
U.S.C. 1673(b); 7,346
(ii) A statement that the board, board of trustees, or 7,348
177
other entity is required to send the amount withheld to the child 7,349
support enforcement agency immediately, but not later than ten 7,350
working days, after the payment is made to the obligor and is 7,351
required to report to the agency the date on which the amount was 7,352
withheld from the obligor's payments; 7,353
(iii) A statement that the withholding is binding upon the 7,355
board, board of trustees, or other entity until further notice 7,356
from the court or agency; 7,357
(iv) A statement that the withholding in accordance with 7,359
the notice and under the provisions of this section has priority 7,360
over any other legal process under the law of this state against 7,361
the same payment of the pension, annuity, allowance, other 7,362
benefit, or warrant; 7,363
(v) The date on which the notice was mailed and a 7,365
statement that the board, board of trustees, or other entity is 7,366
required to implement the withholding no later than the date of 7,367
the first payment that occurs after fourteen working days 7,368
following the date the notice was mailed and is required to 7,369
continue the withholding at the intervals specified in the 7,370
notice; 7,371
(vi) A requirement that the board, board of trustees, or 7,373
other entity promptly notify the child support enforcement 7,374
agency, in writing, within ten working days after the date of any 7,375
termination of the obligor's pension, annuity, allowance, or 7,376
other benefit; 7,377
(vii) A requirement that the board, board of trustees, or 7,379
other entity include in all notices the obligor's last known 7,380
mailing address, last known residence address, and social 7,381
security number; 7,382
(viii) A requirement that, no later than the earlier of 7,384
forty-five days before the lump-sum payment is to be made or, if 7,385
the obligor's right to the lump-sum payment is determined less 7,386
than forty-five days before it is to be made, the date on which 7,387
that determination is made, the board, board of trustees, or 7,388
178
other entity notify the child support enforcement agency of any 7,389
lump-sum payment of any kind of five hundred dollars or more that 7,390
is to be paid to the obligor, hold the lump-sum payment for 7,391
thirty days after the date on which the lump-sum payment would 7,392
otherwise be paid to the obligor, if the lump-sum payments are 7,393
lump-sum payments of retirement benefits or contributions, and, 7,394
upon order of the agency, pay any specified amount of the 7,395
lump-sum payment to the agency. 7,396
(ix) A statement that, in addition to the amount withheld 7,398
for support, the board, board of trustees, or other entity may 7,399
withhold a fee from the obligor's pension, annuity, allowance, 7,400
other benefit, or warrant as a charge for its services in 7,401
complying with the notice and a specification of the amount that 7,402
may be withheld. 7,403
(c) The agency shall send the notice described in division 7,405
(B)(3)(b) of this section to the obligor and shall attach to the 7,406
notice an additional notice requiring the obligor immediately to 7,407
notify the child support enforcement agency, in writing, of any 7,408
change in the obligor's pension, annuity, allowance, or other 7,409
benefit, of the commencement of employment, including 7,411
self-employment, and of the availability of any other sources of 7,412
income that can be the subject of any withholding or deduction 7,413
requirement described in division (B) of this section. The 7,414
agency shall serve the notices upon the obligor at the same time 7,415
as service of the administrative support order or, if the 7,416
administrative support order previously has been issued, shall 7,417
send the notices to the obligor by regular mail, at the obligor's 7,418
last known address, at the same time it sends the notice 7,420
described in division (B)(3)(b) of this section to the board, 7,421
board of trustees, or other entity. The additional notice also 7,422
shall notify the obligor that upon THE OBLIGOR'S commencement of 7,423
employment the obligor may request the agency to issue a notice 7,426
requiring the withholding of an amount from the obligor's
personal earnings for support in accordance with division (B)(1) 7,427
179
of this section and that upon THE OBLIGOR'S commencement of 7,428
employment the agency may cancel its withholding notice under 7,430
division (B)(3)(b) of this section and instead will issue a 7,431
notice requiring the withholding of an amount from the obligor's 7,432
personal earnings for support in accordance with division (B)(1) 7,433
of this section. The notification required of the obligor shall 7,434
include a description of the nature of any new employment, the 7,435
name and business address of any new employer, and any other 7,436
information reasonably required by the agency. 7,437
(4)(a) If the child support enforcement agency determines 7,439
that the obligor is receiving any form of income, including, but 7,440
not limited to, disability or sick pay, insurance proceeds, 7,441
lottery prize awards, federal, state, or local government 7,442
benefits to the extent that the benefits can be withheld or 7,443
deducted under any law governing the benefits, any form of trust 7,444
fund or endowment fund, vacation pay, commissions and draws 7,445
against commissions that are paid on a regular basis, bonuses or 7,446
profit-sharing payments or distributions, or any lump-sum 7,447
payments, the agency may require the person who pays or otherwise 7,448
distributes the income to the obligor to withhold from the 7,449
obligor's income a specified amount for support in satisfaction 7,450
of the administrative support order, to begin the withholding no 7,451
later than the date of the first payment that occurs after 7,452
fourteen working days following the date the notice was mailed to 7,453
the person paying or otherwise distributing the obligor's income 7,454
under divisions (A)(2) or (3) and (B)(4)(b) of this section, to 7,455
send the amount withheld to the child support enforcement agency 7,456
designated for that county pursuant to section 2301.35 of the 7,457
Revised Code, to send that amount to the agency immediately but 7,458
not later than ten days after the date the payment is made to the 7,459
obligor, to provide the date on which the amount was withheld, 7,460
and to continue the withholding at intervals specified in the 7,461
notice until further notice from the agency. To the extent 7,462
possible, the amount specified in the notice to be withheld shall 7,463
180
satisfy the amount ordered for support in the administrative 7,464
support order plus any arrearages that may be owed by the obligor 7,465
under any prior court or administrative support order that 7,466
pertained to the same child or spouse, notwithstanding the 7,467
limitations of sections 2329.66, 2329.70, and 2716.13 of the 7,468
Revised Code. However, in no case shall the sum of the amount 7,469
specified in the notice to be withheld and any fee withheld by 7,470
the person paying or otherwise distributing the obligor's income 7,471
as a charge for its services exceed the maximum amount permitted 7,472
under section 303(b) of the "Consumer Credit Protection Act," 15 7,473
U.S.C. 1673(b). 7,474
(b) If the agency imposes a withholding requirement under 7,476
division (B)(4)(a) of this section, it, within the applicable 7,477
period of time specified in division (A) of this section, shall 7,478
send to the person paying or otherwise distributing the obligor's 7,479
income by regular mail a notice that contains all of the 7,480
information set forth in divisions (B)(4)(b)(i) to (ix) of this 7,481
section. The notice is final and is enforceable by the court. 7,482
The notice shall contain all of the following: 7,483
(i) The amount to be withheld from the obligor's income 7,485
and a statement that the amount actually withheld for support and 7,486
other purposes, including the fee described in division 7,487
(B)(4)(b)(ix) of this section, shall not be in excess of the 7,488
maximum amounts permitted under section 303(b) of the "Consumer 7,489
Credit Protection Act," 15 U.S.C. 1673(b); 7,490
(ii) A statement that the person paying or otherwise 7,492
distributing the obligor's income is required to send the amount 7,493
withheld to the child support enforcement agency immediately, but 7,494
not later than ten working days, after the payment is made to the 7,495
obligor and is required to report to the agency the date on which 7,496
the amount was withheld from the obligor's payments; 7,497
(iii) A statement that the withholding is binding upon the 7,499
person paying or otherwise distributing the obligor's income 7,500
until further notice from the court or agency; 7,501
181
(iv) A statement that the withholding in accordance with 7,503
the notice and under the provisions of this section has priority 7,504
over any other legal process under the law of this state against 7,505
the same payment of the income; 7,506
(v) The date on which the notice was mailed and a 7,508
statement that the person paying or otherwise distributing the 7,509
obligor's income is required to implement the withholding no 7,510
later than the date of the first payment that occurs after 7,511
fourteen working days following the date the notice was mailed 7,512
and is required to continue the withholding at the intervals 7,513
specified in the notice; 7,514
(vi) A requirement that the person paying or otherwise 7,516
distributing the obligor's income promptly notify the child 7,517
support enforcement agency, in writing, within ten days after the 7,518
date of any termination of the obligor's income; 7,519
(vii) A requirement that the person paying or otherwise 7,521
distributing the obligor's income include in all notices the 7,522
obligor's last known mailing address, last known residence 7,523
address, and social security number; 7,524
(viii) A requirement that, no later than the earlier of 7,526
forty-five days before the lump-sum payment is to be made or, if 7,527
the obligor's right to the lump-sum payment is determined less 7,528
than forty-five days before it is to be made, the date on which 7,529
that determination is made, the person paying or otherwise 7,530
distributing the obligor's income notify the child support 7,531
enforcement agency of any lump-sum payment of any kind of five 7,532
hundred dollars or more that is to be paid to the obligor, hold 7,533
the lump-sum payment for thirty days after the date on which the 7,534
lump-sum payment would otherwise be paid to the obligor, if the 7,535
lump-sum payment is sick pay, lump-sum payment of retirement 7,536
benefits or contributions, or profit-sharing payments or 7,537
distributions, and, upon order of the agency, pay any specified 7,538
amount of the lump-sum payment to the child support enforcement 7,539
agency. 7,540
182
(ix) A statement that, in addition, to the amount withheld 7,542
for support, the person paying or otherwise distributing the 7,543
obligor's income may withhold a fee from the obligor's income as 7,544
a charge for its services in complying with the notice and a 7,545
specification of the amount that may be withheld. 7,546
(c) The agency shall send the notice described in division 7,548
(B)(4)(b) of this section to the obligor and shall attach to the 7,549
notice an additional notice requiring the obligor immediately to 7,550
notify the child support enforcement agency, in writing, of any 7,551
change in THE OBLIGOR'S income to which the withholding notice 7,553
applies, of the OBLIGOR'S commencement of employment, including 7,554
self-employment, and of the availability of any other sources of 7,556
income that can be the subject of any withholding or deduction 7,557
requirement described in division (B) of this section. The 7,558
agency shall serve the notices upon the obligor at the same time 7,559
as service of the administrative support order or, if the 7,560
administrative support order previously has been issued, shall 7,561
send the notices to the obligor by regular mail at the obligor's 7,562
last known address at the same time that it sends the notice 7,563
described in division (B)(4)(b) of this section to the person 7,564
paying or otherwise distributing the obligor's income. The 7,565
additional notice also shall notify the obligor that upon THE 7,566
OBLIGOR'S commencement of employment the obligor may request the 7,568
agency to issue a notice requiring the withholding of an amount 7,569
from the obligor's personal earnings for support in accordance 7,570
with division (B)(1) of this section and that upon THE OBLIGOR'S 7,571
commencement of employment the agency may cancel its withholding 7,572
notice under division (B)(4)(b) of this section and instead will 7,573
issue a notice requiring the withholding of an amount from the 7,574
obligor's personal earnings for support in accordance with 7,575
division (B)(1) of this section. The notification required of 7,576
the obligor shall include a description of the nature of any new 7,577
employment, the name and business address of any new employer, 7,578
and any other information reasonably required by the court. 7,579
183
(5)(a) If the child support enforcement agency determines 7,581
that the obligor has funds on deposit in any account in a 7,582
financial institution under the jurisdiction of the court, the 7,583
agency may require any financial institution in which the 7,584
obligor's funds are on deposit to deduct from the obligor's 7,585
account a specified amount for support in satisfaction of the 7,586
administrative support order, to begin the deduction no later 7,587
than fourteen working days following the date the notice was 7,588
mailed to the financial institution under divisions (A)(2) or (3) 7,589
and (B)(5)(b) of this section, to send the amount deducted to the 7,590
child support enforcement agency designated for that county 7,591
pursuant to section 2301.35 of the Revised Code, to send that 7,592
amount to the agency immediately but not later than ten days 7,593
after the date the latest deduction was made, to provide the date 7,594
on which the amount was deducted, and to continue the deduction 7,595
at intervals specified in the notice until further notice from 7,596
the agency. To the extent possible, the amount specified in the 7,597
notice to be deducted shall satisfy the amount ordered for 7,598
support in the administrative support order plus any arrearages 7,599
that may be owed by the obligor under any prior court or 7,600
administrative support order that pertained to the same child or 7,601
spouse, notwithstanding the limitations of sections 2329.66, 7,602
2329.70, and 2716.13 of the Revised Code. However, in no case 7,603
shall the sum of the amount specified in the notice to be 7,604
deducted and the fee deducted by the financial institution as a 7,605
charge for its services exceed the maximum amount permitted under 7,606
section 303(b) of the "Consumer Credit Protection Act," 15 U.S.C. 7,607
1673(b). 7,608
(b) If the agency imposes a deduction requirement under 7,610
division (B)(5)(a) of this section, it, within the applicable 7,611
period of time specified in division (A) of this section, shall 7,612
send to the financial institution by regular mail a notice that 7,613
contains all of the information set forth in divisions 7,614
(B)(5)(b)(i) to (viii) of this section. The notice is final and 7,615
184
is enforceable by the court. The notice shall contain all of the 7,616
following: 7,617
(i) The amount to be deducted from the obligor's account 7,619
and a statement that the amount actually deducted for support and 7,620
other purposes, including the fee described in division 7,621
(B)(5)(b)(viii) of this section, shall not be in excess of the 7,622
maximum amounts permitted under section 303(b) of the "Consumer 7,623
Credit Protection Act," 15 U.S.C. 1673(b); 7,624
(ii) A statement that the financial institution is 7,626
required to send the amount deducted to the child support 7,627
enforcement agency immediately, but not later than ten working 7,628
days, after the date the last deduction was made and is required 7,629
to report to the agency the date on which the amount was deducted 7,630
from the obligor's account; 7,631
(iii) A statement that the deduction is binding upon the 7,633
financial institution until further notice from the court or 7,634
agency; 7,635
(iv) A statement that the withholding in accordance with 7,637
the notice and under the provisions of this section has priority 7,638
over any other legal process under the law of this state against 7,639
the same account; 7,640
(v) The date on which the notice was mailed and a 7,642
statement that the financial institution is required to implement 7,643
the deduction no later than fourteen working days following the 7,644
date the notice was mailed and is required to continue the 7,645
deduction at the intervals specified in the notice; 7,646
(vi) A requirement that the financial institution promptly 7,648
notify the child support enforcement agency, in writing, within 7,649
ten days after the date of any termination of the account from 7,650
which the deduction is being made and notify the agency, in 7,651
writing, of the opening of a new account at that financial 7,652
institution, the account number of the new account, the name of 7,653
any other known financial institutions in which the obligor has 7,654
any accounts, and the numbers of those accounts; 7,655
185
(vii) A requirement that the financial institution include 7,657
in all notices the obligor's last known mailing address, last 7,658
known residence address, and social security number; 7,659
(viii) A statement that, in addition to the amount 7,661
deducted for support, the financial institution may deduct a fee 7,662
from the obligor's account as a charge for its services in 7,663
complying with the administrative order and a specification of 7,664
the amount that may be deducted. 7,665
(c) The agency shall send the notice described in division 7,667
(B)(5)(b) of this section to the obligor and shall attach to the 7,668
notice an additional notice requiring the obligor immediately to 7,669
notify the child support enforcement agency, in writing, of any 7,670
change in the status of the account from which the amount of 7,671
support is being deducted or the opening of a new account with 7,672
any financial institution, of the OBLIGOR'S commencement of 7,673
employment, including self-employment, or of the availability of 7,674
any other sources of income that can be the subject of any 7,675
withholding or deduction requirement described in division (B) of 7,676
this section. The agency shall serve the notices upon the obligor 7,677
at the same time as service of the administrative support order 7,678
or, if the support order previously has been issued, shall send 7,679
the notices to the obligor by regular mail at the obligor's last 7,680
known address at the same time that it sends the notice described 7,682
in division (B)(5)(b) of this section to the obligor. The 7,683
additional notice also shall notify the obligor that upon THE 7,684
OBLIGOR'S commencement of employment, the obligor may request the 7,685
agency to cancel its financial institution account deduction 7,686
notice and instead issue a notice requiring the withholding of an 7,687
amount from the obligor's personal earnings for support in 7,688
accordance with division (B)(1) of this section and that upon THE 7,689
OBLIGOR'S commencement of employment the agency may cancel its 7,690
financial institution account deduction notice and instead will 7,691
issue a notice requiring the withholding of an amount from the 7,692
obligor's personal earnings for support in accordance with 7,693
186
division (B)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 7,694
accounts opened at a financial institution located in the county 7,695
in which the agency is located, the name and business address of 7,696
that financial institution, a description of the nature of any 7,697
new employment, the name and business address of any new 7,698
employer, and any other information reasonably required by the 7,699
agency. 7,700
(C) If an agency issues or modifies an administrative 7,702
support order under section 3111.20, 3111.21, or 3111.22 of the 7,704
Revised Code and issues one or more notices described in division
(B) of this section, the agency to the extent possible shall 7,705
issue a sufficient number of notices under division (B) of this 7,706
section to provide that the aggregate amount withheld or deducted 7,707
under those notices satisfies the amount ordered for support in 7,708
the administrative support order plus any arrearages that may be 7,709
owed by the obligor under any prior court or administrative 7,710
support order that pertained to the same child or spouse, 7,711
notwithstanding the limitations of sections 2329.66, 2329.70, 7,712
2716.13, and 4123.67 of the Revised Code. However, in no case 7,713
shall the aggregate amount withheld or deducted and any fees 7,714
withheld or deducted as a charge for services exceed the maximum 7,715
amount permitted under section 303(b) of the "Consumer Credit 7,716
Protection Act," 15 U.S.C. 1673(b). 7,717
(D) When two or more withholding or deduction notices that 7,719
are described in division (B) of this section are received by an 7,720
employer, the bureau of workers' compensation, an employer that 7,721
is paying more than one person's workers' compensation benefits, 7,722
the public employees retirement board, the board, board of 7,723
trustees, or other governing entity of any municipal retirement 7,724
system, the board of trustees of the police and firemen's 7,725
disability and pension fund, the state teachers retirement board, 7,727
the school employees retirement board, the state highway patrol 7,728
retirement board, a person paying or otherwise distributing 7,729
187
income for more than one obligor, or a financial institution, the 7,730
employer, bureau of workers' compensation, employer paying 7,731
workers' compensation benefits, board, board of trustees, or 7,732
other governing entity of a retirement system, person paying or 7,733
distributing income to an obligor, or financial institution shall 7,734
comply with all of the requirements contained in the notices to 7,735
the extent that the total amount withheld from the obligor's 7,736
personal earnings, payments, pensions, annuities, allowances, 7,737
benefits, other sources of income, or savings does not exceed the 7,738
maximum amount permitted under section 303(b) of the "Consumer 7,739
Credit Protection Act," 15 U.S.C. 1673(b), withhold or deduct 7,740
amounts in accordance with the allocation set forth in divisions 7,741
(D)(1) and (2) of this section, notify each agency that issued 7,742
one of the notices of the allocation, and give priority to 7,743
amounts designated in each notice as current support in the 7,744
following manner: 7,745
(1) If the total of the amounts designated in the notices 7,747
as current support exceeds the amount available for withholding 7,748
under section 303(b) of the "Consumer Credit Protection Act," 15 7,749
U.S.C. 1673(b), the employer, bureau of workers' compensation, 7,750
employer paying workers' compensation benefits, board, board of 7,751
trustees, or other governing entity of a municipal retirement 7,752
system, person paying or distributing income to an obligor, or 7,753
financial institution shall allocate to each notice an amount for 7,754
current support equal to the amount designated in that notice as 7,755
current support multiplied by a fraction in which the numerator 7,756
is the amount of personal earnings, payments, pensions, 7,757
annuities, allowances, benefits, other sources of income, or 7,758
savings available for withholding and the denominator is the 7,759
total amount designated in all of the notices as current support. 7,760
(2) If the total of the amounts designated in the notices 7,762
as current support does not exceed the amount available for 7,763
withholding under section 303(b) of the "Consumer Credit 7,764
Protection Act," 15 U.S.C. 1673(b), the persons and entities 7,765
188
listed in division (C)(1) of this section shall pay all of the 7,766
amounts designated as current support in the notices and shall 7,767
allocate to each notice an amount for past-due support equal to 7,768
the amount designated in that notice as past-due support 7,769
multiplied by a fraction in which the numerator is the amount of 7,770
personal earnings, payments, pensions, annuities, allowances, 7,771
benefits, other sources of income, or savings remaining available 7,772
for withholding after the payment of current support and the 7,773
denominator is the total amount designated in all of the notices 7,774
orders as past-due support. 7,775
(E)(1) Except when a provision specifically authorizes or 7,777
requires service other than as described in this division, 7,778
service of any notice on any party, the bureau of workers' 7,779
compensation, an employer that is paying a person's workers' 7,780
compensation benefits, the public employees retirement board, the 7,781
board, board of trustees, or other governing entity of any 7,782
municipal retirement system, the board of trustees of the police 7,783
and firemen's disability and pension fund, the state teachers 7,785
retirement board, the school employees retirement board, the 7,786
state highway patrol retirement board, a person paying or 7,787
otherwise distributing an obligor's income, a financial 7,788
institution, or an employer, for purposes of division (A) or (B) 7,789
of this section, may be made by personal service or ordinary 7,790
first class mail directed to the addressee at the addressee's 7,791
last known address, or, in the case of a corporation, at its 7,792
usual place of doing business. 7,793
(2) Each party to an administrative support order shall 7,795
notify the child support enforcement agency of the party's 7,796
current mailing address and current residence address at the time 7,797
of the issuance or modification of the order and, until further 7,798
notice of the agency that issues the order, shall notify the 7,799
agency of any change in either address immediately after the 7,800
change occurs. No person shall fail to give the notice as 7,801
required by division (E)(2) of this section. 7,802
189
(3) Each administrative support order issued pursuant to 7,804
this section shall contain a statement requiring each party to 7,805
the order to notify the child support enforcement agency in 7,806
writing of the party's current mailing address, the party's 7,807
current residence address, and of any changes in either address, 7,808
and a notice that the requirement to notify the agency of all 7,809
changes in either address continues until further notice from the 7,810
agency. 7,811
(4)(a) The parent who is the residential parent and legal 7,813
custodian of a child for whom PURPOSES OF RECEIVING CHILD SUPPORT 7,815
UNDER an administrative support order is issued or the person who 7,816
otherwise has custody of a child for whom an administrative 7,817
support order is issued immediately shall notify, and the obligor 7,818
under an administrative support order may notify, the child 7,819
support enforcement agency of any reason for which an 7,820
administrative support order should terminate, including, but not 7,821
limited to, death, marriage, emancipation, enlistment in the 7,822
armed services, deportation, or change of legal or physical 7,823
custody of the child. Upon receipt of a notice pursuant to this 7,824
division, the agency immediately shall conduct an investigation 7,825
to determine if any reason exists for which the administrative 7,826
support order should terminate. If the agency so determines, it 7,827
immediately shall terminate the administrative support order. 7,828
(b) Upon receipt of a notice given pursuant to division 7,830
(E)(4)(a) of this section, the agency shall impound any funds 7,831
received for the child pursuant to the administrative support 7,832
order and set the case for an administrative hearing for a 7,833
determination of whether the administrative support order should 7,834
be terminated or modified or whether the agency should take any 7,835
other appropriate action. 7,836
(c) If the child support enforcement agency terminates an 7,838
administrative support order pursuant to divisions (E)(4)(a) and 7,839
(b) of this section, the termination of the support order also 7,840
terminates any withholding or deduction order as described in 7,841
190
division (B) of this section that was issued relative to the 7,842
administrative support order prior to December 31, 1993, and any 7,843
withholding or deduction notice as described in division (B) of 7,844
this section that was issued relative to the administrative 7,845
support order on or after December 31, 1993. Upon the 7,846
termination of any withholding or deduction order or any 7,847
withholding or deduction notice, the agency immediately shall 7,848
notify each employer, financial institution, or other person or 7,849
entity that was required to withhold or deduct a sum of money for 7,850
the payment of support under the terminated withholding or 7,851
deduction order or the terminated withholding or deduction notice 7,852
that the order or notice has been terminated and that it is 7,853
required to cease all withholding or deduction under the order or 7,854
notice. 7,855
(d) The department of human services shall adopt rules 7,857
that provide for both of the following: 7,858
(i) The return to the appropriate person of any funds that 7,860
a child support enforcement agency has impounded under division 7,861
(E)(4)(b) of this section, if the administrative support order 7,862
under which the funds were paid has been terminated pursuant to 7,863
divisions (E)(4)(a) and (b) of this section; 7,864
(ii) The return to the appropriate person of any other 7,866
payments made pursuant to an administrative support order, if the 7,867
payments were made at any time after the administrative support 7,868
order under which the funds were paid has been terminated 7,869
pursuant to divisions (E)(4)(a) and (b) of this section. 7,870
(5) If any party to an administrative support order 7,872
requests a modification of the administrative support order or if 7,873
any obligee under an administrative support order or any person 7,874
on behalf of the obligee files any action to enforce an 7,875
administrative support order with the agency, the agency shall 7,876
proceed as provided in sections 3111.20 to 3111.28 and 3113.21 to 7,878
3113.219 of the Revised Code.
(F)(1) Upon receipt of a notice that a lump-sum payment of 7,880
191
five hundred dollars or more is to be paid to the obligor, the 7,881
agency shall do either of the following: 7,882
(a) If the obligor is in default under the administrative 7,884
support order or has any unpaid arrearages under the 7,885
administrative support order, issue an administrative order 7,886
requiring the transmittal of the lump-sum payment to the child 7,887
support enforcement agency; 7,888
(b) If the obligor is not in default under the 7,890
administrative support order and does not have any unpaid 7,891
arrearages under the support order, issue an administrative order 7,892
directing the person who gave the notice to the agency to 7,893
immediately pay the full amount of the lump-sum payment to the 7,894
obligor. 7,895
(2) Upon receipt of any moneys pursuant to division 7,897
(F)(1)(a) of this section, a child support enforcement agency 7,898
shall pay the amount of the lump-sum payment that is necessary to 7,899
discharge all of the obligor's arrearages to the obligee and, 7,900
within two business days after its receipt of the money, any 7,901
amount that is remaining after the payment of the arrearages to 7,902
the obligor. 7,903
(G)(1) Any administrative support order, or modification 7,905
of an administrative support order, that is subject to this 7,906
section shall contain the date of birth and social security 7,907
number of the obligor. 7,908
(2) No withholding or deduction notice described in 7,910
division (B) of this section shall contain any information other 7,911
than the information specifically required by division (B) or 7,912
(G)(3) of this section or by any other section of the Revised 7,913
Code and any additional information that the issuing agency 7,914
determines may be necessary to comply with the notice. 7,915
(3) Each withholding or deduction notice described in 7,917
division (B) of this section shall include notice of all of the 7,918
following: 7,919
(a) That the child support enforcement agency may bring an 7,921
192
action under section 3111.28 of the Revised Code requesting the 7,922
court to find the employer, financial institution, employer that 7,924
is paying the obligor's workers' compensation benefits, public 7,925
employees retirement board, board, board of trustees, or other 7,926
governing entity of any municipal retirement system, board of 7,927
trustees of the police and firemen's disability and pension fund, 7,928
state teachers retirement board, school employees retirement 7,930
board, state highway patrol retirement board, person paying or 7,931
otherwise distributing an obligor's income, or bureau of workers' 7,932
compensation in contempt pursuant to section 2705.02 of the 7,933
Revised Code if the employer, financial institution, employer 7,934
that is paying the obligor's workers' compensation benefits, 7,935
public employees retirement board, board, board of trustees, or 7,936
other governing entity of the municipal retirement system, board 7,937
of trustees of the police and firemen's disability and pension 7,938
fund, state teachers retirement board, school employees 7,939
retirement board, state highway patrol retirement board, person 7,941
paying or otherwise distributing the obligor's income, or bureau 7,942
of workers' compensation fails to comply with the withholding or 7,943
deduction notice;
(b) That, if the employer, financial institution, employer 7,945
that is paying the obligor's workers' compensation benefits, 7,946
public employees retirement board, board, board of trustees, or 7,947
other governing entity of the municipal retirement system, board 7,948
of trustees of the police and firemen's disability and pension 7,950
fund, state teachers retirement board, school employees 7,951
retirement board, state highway patrol retirement board, person 7,952
paying or otherwise distributing an obligor's income, or bureau 7,953
of workers' compensation fails to comply with the withholding or 7,954
deduction notice, that failure to comply is contempt pursuant to 7,957
section 2705.02 of the Revised Code.
(H) No withholding or deduction notice described in 7,959
division (B) of this section and issued under this section or any 7,960
other section of the Revised Code shall be terminated solely 7,961
193
because the obligor pays any part or all of the arrearages under 7,962
the administrative support order. 7,963
(I)(1) Except as provided in division (I)(2) of this 7,965
section and section 2301.42 of the Revised Code and the rules 7,966
adopted pursuant to division (C) of that section, if child 7,967
support arrearages are owed by an obligor to the obligee and to 7,969
the department of human services, any payments received on the 7,970
arrearages by the child support enforcement agency first shall be 7,971
paid to the obligee until the arrearages owed to the obligee are 7,972
paid in full.
(2) Division (I)(1) of this section does not apply to the 7,974
collection of past-due child support from refunds of paid federal 7,975
taxes pursuant to section 5101.32 of the Revised Code or of 7,976
overdue child support from refunds of paid state income taxes 7,977
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 7,978
Sec. 3113.21. (A)(1) In any action in which support is 7,987
ordered under Chapter 3115. or under section 2151.23, 2151.33, 7,988
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 7,990
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, the 7,992
court shall require the withholding or deduction of wages or 7,993
assets of the obligor in accordance with division (D) of this 7,994
section or require the issuance of another type of appropriate 7,995
court order in accordance with division (D)(6) or (7) or (H) of 7,996
this section to ensure that withholding or deduction from the 7,997
wages or assets of the obligor is available from the commencement 7,998
of the support order for the collection of the support and any 7,999
arrearages that occur. The court shall determine the specific 8,000
withholding or deduction requirements or other appropriate 8,001
requirements applicable to the obligor under the support order in 8,002
accordance with divisions (D) and (H) of this section and section 8,003
2301.371 of the Revised Code and shall include the specific 8,004
requirements in the notices described in divisions (A)(2) and (D) 8,005
of this section or in the court orders described in divisions 8,006
(A)(2), (D)(6) or (7), and (H) of this section. Any person 8,007
194
required to comply with any withholding or deduction requirement 8,008
shall determine the manner of withholding or deducting from the 8,009
specific requirement included in the notices described in those 8,010
divisions without the need for any amendment to the support 8,011
order, and any person required to comply with a court order 8,012
described in division (D)(6), (D)(7), or (H) of this section 8,013
shall comply with the court order without the need for any 8,014
amendment to the support order. The court shall include in any 8,015
action in which support is ordered as described in division 8,016
(A)(1) of this section a general provision that states the 8,017
following:
"All child support and spousal support under this order 8,020
shall be withheld or deducted from the wages or assets of the 8,021
obligor pursuant to a withholding or deduction notice or 8,022
appropriate court order issued in accordance with section 3113.21 8,023
of the Revised Code and shall be forwarded to the obligee in 8,024
accordance with sections 3113.21 to 3113.214 of the Revised 8,026
Code."
(2) In any action in which support is ordered or modified 8,028
as described in division (A)(1) of this section, the court shall 8,029
determine in accordance with divisions (D) and (H) of this 8,030
section the types of withholding or deduction requirements or 8,031
other appropriate requirements that should be imposed relative to 8,032
the obligor under the support order to collect the support due 8,033
under the order. Within fifteen days after the obligor under the 8,034
support order is located subsequent to the issuance of the 8,035
support order or within fifteen days after the default under the 8,037
support order, whichever is applicable, the court or the child 8,038
support enforcement agency, as determined by agreement of the 8,039
court and the agency, shall send a notice by regular mail to each 8,040
person required to comply with a withholding or deduction 8,041
requirement. The notice shall specify the withholding or 8,042
deduction requirement and shall contain all of the information 8,043
set forth in division (D)(1)(b), (2)(b), (3)(b), (4)(b), or 8,044
195
(5)(b) of this section that is applicable to the requirement. If 8,045
the appropriate requirement is an order of the type described in 8,046
division (D)(6), (D)(7), or (H) of this section, the court shall 8,047
issue and send a court order in accordance with that division. 8,048
The notices and court orders, and the notices provided by the 8,049
court or child support enforcement agency that require the 8,050
obligor to notify the agency of any change in the obligor's 8,051
employment status or of any other change in the status of the 8,052
obligor's assets, are final and are enforceable by the court. 8,053
When the court or agency issues a notice, it shall provide the 8,054
notice to the obligor in accordance with division (D)(1)(c), 8,055
(D)(2)(c), (D)(3)(c), (D)(4)(c), or (D)(5)(c) of this section, 8,056
whichever is applicable, and shall include with the notice the 8,057
additional notices described in the particular division that is 8,058
applicable.
(3)(a) If support is ordered or modified on or after 8,060
December 31, 1993, under Chapter 3115. or under section 2151.23, 8,061
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 8,063
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 8,064
Code, if the court has determined in accordance with division 8,065
(A)(2) of this section the types of withholding or deduction 8,066
requirements or other appropriate requirements that should be 8,067
imposed relative to the obligor under the support order to 8,068
collect the support due under the order, if the court or a child 8,069
support enforcement agency has mailed the appropriate notice to 8,070
the person required to comply with the withholding or deduction 8,071
requirements that the court has determined should be imposed or 8,072
the court has issued and sent a court order described in division 8,073
(D)(6), (D)(7), or (H) of this section containing the other 8,074
appropriate requirements that the court determined should be 8,075
imposed, and if the child support enforcement agency is notified 8,076
or otherwise determines that the employment status or other 8,077
circumstances of the obligor have changed and that it is more 8,078
appropriate to impose another type of or an additional 8,079
196
withholding or deduction requirement or another type of or 8,080
additional court order containing another appropriate
requirement, the agency immediately shall comply with section 8,081
3113.212 of the Revised Code. The notices and court orders 8,082
issued under this division and section 3113.212 of the Revised 8,083
Code, and the notices provided by the court or child support 8,084
enforcement agency that require the obligor to notify the agency 8,085
of any change in the obligor's employment status or of any other 8,086
change in the status of the obligor's assets, are final and are 8,088
enforceable by the court.
(b) If support has been ordered prior to December 31, 8,090
1993, under Chapter 3115. or under section 2151.23, 2151.33, 8,091
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 8,092
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 8,093
the support order has not been modified on or after December 31, 8,094
1993, if division (B) of this section has not been applied on or 8,095
after December 31, 1993, regarding a default under the order, if 8,096
the support order includes a provision that is substantively 8,097
comparable to the general provision described in division (A)(1) 8,098
of this section that must be included in all support orders 8,099
issued or modified on or after December 31, 1993, and if the 8,100
child support enforcement agency is notified or otherwise 8,101
determines that the employment status or other circumstances of 8,102
the obligor under the support order have changed so that it is 8,103
appropriate to impose a withholding or deduction requirement or 8,104
another type of or additional appropriate requirement as 8,105
described in division (D) of this section to collect the support 8,106
due under the order, the agency shall comply with section 8,107
3113.212 of the Revised Code as if the support order had been 8,108
issued or modified on or after December 31, 1993, and as if it 8,109
included the general provision described in division (A)(1) of 8,110
this section that must be included in all support orders issued 8,111
or modified on or after that date. The notices and court orders 8,112
issued under this provision and section 3113.212 of the Revised 8,113
197
Code, and the notices provided by the court or child support 8,114
enforcement agency that require the obligor to notify the agency 8,115
of any change in the obligor's employment status or of any other 8,116
change in the status of the obligor's assets, are final and are 8,117
enforceable by the court.
(c) If support has been ordered prior to December 31, 8,119
1993, under Chapter 3115. or under section 2151.23, 2151.33, 8,120
2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 8,121
3113.04, 3113.07, 3113.216, or 3113.31 of the Revised Code, if 8,122
the support order has not been modified on or after December 31, 8,123
1993, if division (B) of this section has not been applied on or 8,124
after December 31, 1993, regarding a default under the order, if 8,125
the support order does not include a provision that is 8,126
substantively comparable to the general provision described in 8,127
division (A)(1) of this section that must be included in all 8,128
support orders issued or modified on or after December 31, 1993, 8,129
and if the child support enforcement agency is notified or 8,130
otherwise determines that the employment status or other 8,131
circumstances of the obligor under the support order have changed 8,132
so that it is appropriate to impose a withholding or deduction 8,133
requirement or another type of or additional appropriate 8,134
requirement as described in division (D) of this section to 8,135
collect the support due under the order, the agency may request 8,136
the court to reissue the support order in question to be 8,137
identical to the support order except for a general provision as 8,138
described in division (A) of this section requiring the 8,139
withholding or deduction of wages or assets of the obligor in 8,140
accordance with division (D) of this section or requiring the 8,141
issuance of a court order containing another type of appropriate 8,142
requirement in accordance with division (D)(6), (D)(7), or (H) of 8,143
this section to ensure that withholding or deduction from the 8,144
wages or assets of the obligor is available for the collection of 8,145
current support and any arrearages that occur. Upon the receipt 8,146
of a request from an agency, the court may reissue the order in 8,147
198
accordance with this division. If the court reissues the order, 8,148
the general provision for the withholding or deduction of wages 8,149
or assets to be included in the reissued support order 8,150
specifically shall include the statement prescribed in division 8,151
(B)(1) of this section. Except for the inclusion of the general 8,152
provision, the provisions of a reissued order under this division 8,153
shall be identical to the support order in question, and the 8,154
court or child support enforcement agency shall issue one or more 8,155
notices requiring withholding or deduction of wages or assets of 8,156
the obligor in accordance with divisions (A)(2) and (D) of this 8,157
section, or the court shall issue one or more court orders 8,158
imposing other appropriate requirements in accordance with 8,159
division (A)(2) and division (D)(6), (D)(7), or (H) of this 8,160
section. The notices shall be mailed within fifteen days after 8,161
the obligor under the support order is located or within fifteen 8,162
days after the default under the support order, whichever is 8,163
applicable. Thereafter, section 3113.212 of the Revised Code 8,164
applies to the issuance of notices and court orders under those 8,165
divisions with respect to that support order. The notices and 8,166
court orders issued under this division and section 3113.212 of 8,167
the Revised Code, and the notices provided by the court or child 8,168
support enforcement agency that require the obligor to notify the 8,169
agency of any change in the obligor's employment status or of any 8,170
other change in the status of the obligor's assets, are final and 8,171
are enforceable by the court.
(4) The department of human services shall adopt standard 8,173
forms for the support withholding and deduction notices that are 8,174
prescribed by divisions (A)(1) to (3) and (B) of this section. 8,175
All courts and child support enforcement agencies shall use the 8,176
forms in issuing withholding and deduction notices in compliance 8,177
with this section. 8,178
(B)(1)(a) In any action in which support is ordered under 8,180
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 8,181
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3111.20, 8,182
199
3111.21, 3111.22, 3113.04, 3113.07, 3113.216, or 3113.31 of the 8,184
Revised Code and in which there has been a default under the 8,185
order, the court shall comply with divisions (B)(1) to (6) of 8,186
this section.
If the support was ordered prior to December 31, 1993, or 8,188
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 8,189
Code, the court shall reissue the support order under which there 8,190
has been a default and shall include in the reissued order a 8,191
general provision as described in this division requiring the 8,192
withholding or deduction of wages or assets of the obligor in 8,193
accordance with division (D) of this section or requiring the 8,194
issuance of a court order containing another type of appropriate 8,195
requirement in accordance with division (D)(6), (D)(7), or (H) of 8,196
this section to ensure that withholding or deduction from the 8,197
wages or assets is available for the collection of current 8,198
support and any arrearages that occur. If the support was ordered 8,200
pursuant to section 3111.20, 3111.21, or 3111.22 of the Revised 8,202
Code and the support order includes a general provision similar
to the one described in this division, the court shall replace 8,204
the similar general provision with the general provision 8,205
described in this division. Except for the inclusion or
replacement of the general provision, the provisions of the 8,207
reissued order required under this division shall be identical to 8,208
those of the support order under which there has been a default. 8,209
Regardless of when the support was ordered, when support 8,211
has been ordered under any chapter or section described in this 8,212
division, the child support enforcement agency shall initiate 8,213
support withholding when the order is in default. Immediately 8,214
after the identification of a default under the support order, 8,216
the child support enforcement agency shall conduct the 8,217
investigation described in division (B)(1)(b) of this section. 8,218
Additionally, within fifteen calendar days after the 8,219
identification of a default under the support order, the child 8,220
support enforcement agency shall investigate the default and send 8,221
200
advance notice to the obligor. The advance notice shall include 8,222
a notice describing the actions that may be taken against the 8,223
obligor pursuant to sections 2301.373 and 2301.374 of the Revised 8,224
Code if the court or agency makes a final and enforceable 8,225
determination that the obligor is in default pursuant to this 8,226
division. If the location of the obligor is unknown at the time 8,228
of the identification of a default under the support order, the 8,229
agency shall send the advance notice to the obligor within
fifteen days after the agency locates the obligor. The general 8,230
provision for the withholding or deduction of wages or assets to 8,231
be included in the reissued support order specifically shall 8,232
include the following statement: 8,233
"All child support and spousal support under this order 8,236
shall be withheld or deducted from the wages or assets of the 8,237
obligor pursuant to a withholding or deduction notice or 8,238
appropriate court order issued in accordance with section 3113.21 8,239
of the Revised Code and shall be forwarded to the obligee in
accordance with sections 3113.21 to 3113.214 of the Revised 8,240
Code."
(b) After the identification of a default under a support 8,242
order as described in division (B)(1)(a) of this section, the 8,243
child support enforcement agency immediately shall conduct an 8,244
investigation to determine the employment status of the obligor, 8,245
the obligor's social security number, the name and business 8,246
address of the obligor's employer, whether the obligor is in 8,247
default under a support order, the amount of any arrearages, and 8,248
any other information necessary to enable the court or agency to 8,249
impose any withholding or deduction requirements and issue the 8,250
related notices described in division (D) of this section or to 8,251
issue any court orders described in division (D)(6) or (7) of 8,252
this section. The agency also shall conduct an investigation 8,253
under this division when required by division (C)(1)(a) or (b) of 8,254
this section, shall complete the investigation within twenty days 8,255
after the obligor or obligee files the motion with the court 8,256
201
under division (C)(1)(a) of this section or the court orders the 8,257
investigation under division (C)(1)(b) of this section, and shall 8,258
conduct an investigation under this division when required by 8,259
section 3113.214 of the Revised Code. 8,260
(2) An advance notice to an obligor required by division 8,262
(B)(1) of this section shall contain all of the following: 8,263
(a) A statement of the date on which the advance notice is 8,265
sent, the amount of arrearages owed by the obligor as determined 8,266
by the court or the child support enforcement agency, the types 8,267
of withholding or deduction requirements and related notices 8,268
described in division (D) of this section or the types of court 8,269
orders described in division (D)(6), (D)(7), or (H) of this 8,270
section that will be issued to pay support and any arrearages, 8,271
and the amount that will be withheld or deducted pursuant to 8,272
those requirements; 8,273
(b) A statement that any notice for the withholding or 8,275
deduction of an amount from personal earnings or other income or 8,276
assets apply to all subsequent employers of the obligor, 8,277
financial institutions in which the obligor has an account, and 8,278
other persons or entities who pay or distribute income to the 8,279
obligor and that any withholding or deduction requirement and 8,280
related notice described in division (D) of this section or any 8,281
court order described in division (D)(6), (D)(7), or (H) of this 8,282
section that is issued will not be discontinued solely because 8,283
the obligor pays any arrearages; 8,284
(c) An explanation of the administrative and court action 8,286
that will take place if the obligor contests the inclusion of any 8,287
of the provisions; 8,288
(d) A statement that the contents of the advance notice 8,290
are final and are enforceable by the court unless the obligor 8,291
files with the child support enforcement agency, within seven 8,292
days after the date on which the advance notice is sent, a 8,293
written request for an administrative hearing to determine if a 8,294
mistake of fact was made in the notice. 8,295
202
(3) If the obligor requests a hearing regarding the 8,297
advance notice in accordance with division (B)(2)(d) of this 8,298
section, the child support enforcement agency shall conduct an 8,299
administrative hearing no later than ten days after the date on 8,300
which the obligor files the request for the hearing. No later 8,301
than five days before the date on which the hearing is to be 8,302
conducted, the agency shall send the obligor and the obligee 8,303
written notice of the date, time, place, and purpose of the 8,304
hearing. The notice to the obligor and obligee also shall 8,305
indicate that the obligor may present testimony and evidence at 8,306
the hearing only in regard to the issue of whether a mistake of 8,307
fact was made in the advance notice. 8,308
At the hearing, the child support enforcement agency shall 8,310
determine whether a mistake of fact was made in the advance 8,311
notice. If it determines that a mistake of fact was made, the 8,312
agency shall determine the provisions that should be changed and 8,313
included in a corrected notice and shall correct the advance 8,314
notice accordingly. The agency shall send its determinations to 8,315
the obligor. The agency's determinations are final and are 8,316
enforceable by the court unless, within seven days after the 8,317
agency makes it ITS determinations, the obligor files a written 8,318
motion with the court for a court hearing to determine if a 8,319
mistake of fact still exists in the advance notice or corrected 8,320
advance notice. 8,321
(4) If, within seven days after the agency makes its 8,323
determinations under division (B)(3) of this section, the obligor 8,324
files a written motion for a court hearing to determine if a 8,325
mistake of fact still exists in the advance notice or the 8,326
corrected advance notice, the court shall hold a hearing on the 8,327
request as soon as possible, but no later than ten days, after 8,328
the request is filed. If the obligor requests a court hearing, 8,329
no later than five days before the date on which the court 8,330
hearing is to be held, the court shall send the obligor and the 8,331
obligee written notice by ordinary mail of the date, time, place, 8,332
203
and purpose of the court hearing. The hearing shall be limited 8,333
to a determination of whether there is a mistake of fact in the 8,334
advance notice or the corrected advance notice. 8,335
If, at a hearing conducted under this division, the court 8,337
detects a mistake of fact in the advance notice or the corrected 8,338
advance notice, it immediately shall correct the notice. 8,339
(5) Upon exhaustion of all rights of the obligor to 8,341
contest the withholding or deduction on the basis of a mistake of 8,342
fact and no later than the expiration of forty-five days after 8,343
the issuance of the advance notice under division (B)(1) of this 8,344
section, the court or child support enforcement agency shall 8,345
issue one or more notices requiring withholding or deduction of 8,346
wages or assets of the obligor in accordance with divisions 8,347
(A)(2) and (D) of this section, or the court shall issue one or 8,348
more court orders imposing other appropriate requirements in 8,349
accordance with division (A)(2) and division (D)(6), (D)(7), or 8,350
(H) of this section. Thereafter, section 3113.212 of the Revised 8,351
Code applies in relation to the issuance of the notices and court 8,352
orders. The notices and court orders issued under this division 8,353
or section 3113.212 of the Revised Code are final and are 8,354
enforceable by the court. The court or agency shall send to the 8,355
obligor by ordinary mail a copy of the withholding or deduction 8,356
notice, in accordance with division (D) of this section. The 8,357
failure of the court or agency to give the notice required by 8,358
this division does not affect the ability of any court to issue 8,359
any notice or order under this section or any other section of 8,360
the Revised Code for the payment of support, does not provide any 8,361
defense to any notice or order for the payment of support that is 8,362
issued under this section or any other section of the Revised 8,363
Code, and does not affect any obligation to pay support. 8,364
(6) The department of human services shall adopt standard 8,366
forms for the advance notice prescribed by divisions (B)(1) to 8,367
(5) of this section. All courts and child support enforcement 8,368
agencies shall use those forms, and the support withholding and 8,369
204
deduction notice forms adopted under division (A)(4) of this 8,370
section, in complying with this section. 8,371
(C)(1) In any action in which support is ordered under 8,373
Chapter 3115. or under section 2151.23, 2151.33, 2151.36, 8,374
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, 3113.04, 8,375
3113.07, 3113.216, or 3113.31 of the Revised Code, all of the 8,377
following apply:
(a) The obligor or obligee under the order may file a 8,379
motion with the court that issued the order requesting the 8,380
issuance of one or more withholding or deduction notices as 8,381
described in division (D) of this section to pay the support due 8,382
under the order. The motion may be filed at any time after the 8,383
support order is issued. Upon the filing of a motion pursuant to 8,384
this division, the child support enforcement agency immediately 8,385
shall conduct, and shall complete within twenty days after the 8,386
motion is filed, an investigation in accordance with division 8,387
(B)(1)(b) of this section. Upon the completion of the 8,388
investigation and the filing of the agency's report under 8,389
division (B)(1)(b) of this section, the court shall issue one or 8,390
more appropriate orders described in division (D) of this 8,391
section. 8,392
(b) If any proceedings involving the support order that 8,394
was issued before, on, or after December 1, 1986, are commenced 8,395
in the court and if the court prior to the effective date of this 8,396
amendment has not issued any orders under division (D) of this 8,397
section with respect to the support order, if the court 8,398
determines that any orders issued prior to the effective date of 8,399
this amendment under division (D) of this section no longer are 8,400
appropriate, if the court on or after the effective date of this 8,401
amendment has not modified or reissued the support order under 8,402
division (A) or (B) of this section and issued any notices under 8,403
division (D) or court orders under division (D)(6) or (7) of this 8,404
section, or if the court on or after the effective date of this 8,405
amendment has modified or reissued the support order under 8,406
205
division (A) or (B) of this section and issued one or more 8,407
notices under division (D) or one or more court orders under 8,408
division (D)(6) or (7) of this section but determines that the 8,409
notices or court orders no longer are appropriate, the court, 8,410
prior to or during any hearings held with respect to the 8,411
proceedings and prior to the conclusion of the proceedings, shall 8,412
order the child support enforcement agency to conduct an 8,413
investigation pursuant to division (B)(1)(b) of this section. 8,414
Upon the filing of the findings of the agency following the 8,415
investigation, the court, as necessary, shall issue one or more 8,416
notices described in division (D) or one or more court orders 8,417
described in division (D)(6) or (7) of this section or modify any 8,418
notices previously issued under division (D) or any court orders 8,419
previously issued under division (D)(6) or (7) of this section. 8,420
(c)(i) If a child support enforcement agency, in 8,422
accordance with section 3113.216 of the Revised Code, requests 8,423
the court to issue a revised child support order in accordance 8,424
with a revised amount of child support calculated by the agency, 8,425
the court shall proceed as described in this division. If 8,426
neither the obligor nor the obligee requests a court hearing on 8,427
the revised amount of child support, the court shall issue a 8,428
revised child support order requiring the obligor to pay the 8,429
revised amount of child support calculated by the agency. 8,430
However, if the obligor or the obligee requests a court hearing 8,431
on the revised amount of child support calculated by the agency, 8,432
the court, in accordance with division (C)(1)(c)(ii) of this 8,433
section, shall schedule and conduct a hearing to determine if the 8,434
revised amount of child support is the appropriate amount and if 8,435
the amount of child support being paid under the child support 8,436
order otherwise should be revised. 8,437
(ii) If the court is required to schedule and conduct a 8,439
hearing pursuant to division (C)(1)(c)(i) of this section, the 8,440
court shall give the obligor, obligee, and agency at least thirty 8,441
days' notice of the date, time, and location of the hearing; 8,442
206
order the obligor to provide the court with a copy of the 8,443
obligor's federal income tax return from the previous year, a 8,444
copy of all pay stubs obtained by the obligor within the 8,445
preceding six months, and a copy of all other records evidencing 8,446
the receipt of any other salary, wages, or compensation by the 8,447
obligor within the preceding six months, if the obligor failed to 8,448
provide any of those documents to the agency, and order the 8,449
obligee to provide the court with a copy of the obligee's federal 8,450
income tax return from the previous year, a copy of all pay stubs 8,451
obtained by the obligee within the preceding six months, and a 8,452
copy of all other records evidencing the receipt of any other 8,453
salary, wages, or compensation by the obligee within the 8,454
preceding six months, if the obligee failed to provide any of 8,455
those documents to the agency; give the obligor and the obligee 8,456
notice that any willful failure to comply with that court order 8,457
is contempt of court and, upon a finding by the court that the 8,458
party is in contempt of court, the court and the agency will take 8,459
any action necessary to obtain the information or make any 8,460
reasonable assumptions necessary with respect to the income of 8,461
the person in contempt of court to ensure a fair and equitable 8,462
review of the child support order; issue a revised child support 8,463
order requiring the obligor to pay the revised amount of child 8,464
support calculated by the agency, if the court determines at the 8,465
hearing that the revised amount of child support calculated by 8,466
the agency is the appropriate amount; and determine the 8,467
appropriate amount of child support and, if necessary, issue a 8,468
revised child support order requiring the obligor to pay the 8,469
amount of child support determined by the court, if the court 8,470
determines that the revised amount of child support calculated by 8,471
the agency is not the appropriate amount. 8,472
(iii) In determining, at a hearing conducted under 8,474
divisions (C)(1)(c)(i) and (ii) of this section, the appropriate 8,475
amount of child support to be paid by the obligor, the court 8,476
shall consider, in addition to all other factors required by law 8,477
207
to be considered, the cost of health insurance which the obligor, 8,478
the obligee, or both the obligor and the obligee have been 8,479
ordered to obtain for the children specified in the order. 8,480
(d) On or after July 1, 1990, the court shall issue any 8,482
order required by section 3113.217 of the Revised Code. 8,483
(e)(i) On or after July 1, 1990, an obligee under a child 8,485
support order may file a motion with the court that issued the 8,486
order requesting the court to modify the order to require the 8,487
obligor to obtain health insurance coverage for the children who 8,488
are the subject of the order, and on or after July 1, 1990, an 8,489
obligor under a child support order may file a motion with the 8,490
court that issued the order requesting the court to modify the 8,491
order to require the obligee to obtain health insurance coverage 8,492
for those children. Upon the filing of such a motion, the court 8,493
shall order the child support enforcement agency to conduct an 8,494
investigation to determine whether the obligor or obligee has 8,495
satisfactory health insurance coverage for the children. Upon 8,496
completion of its investigation, the agency shall inform the 8,497
court, in writing, of its determination. If the court determines 8,498
that neither the obligor nor the obligee has satisfactory health 8,499
insurance coverage for the children, it shall issue an order in 8,500
accordance with section 3113.217 of the Revised Code. 8,501
(ii) On or after July 1, 1990, an obligor or obligee under 8,503
a child support order may file a motion with the court that 8,504
issued the order requesting the court to modify the amount of 8,505
child support required to be paid under the order because that 8,506
amount does not adequately cover the medical needs of the child. 8,507
Upon the filing of such a motion, the court shall determine 8,508
whether the amount of child support required to be paid under the 8,509
order adequately covers the medical needs of the child and 8,510
whether to modify the order, in accordance with division (B)(4) 8,511
of section 3113.215 of the Revised Code. 8,512
(f) Whenever a court modifies, reviews, or otherwise 8,514
reconsiders a child support order, it may reconsider which parent 8,515
208
may claim the children who are the subject of the child support 8,516
order as dependents for federal income tax purposes as set forth 8,517
in section 151 of the "Internal Revenue Code of 1986," 100 Stat. 8,518
2085, 26 U.S.C. 1, as amended, and shall issue its determination 8,519
on this issue as part of the child support order. The court in 8,520
its order may permit the parent who is not the residential parent 8,521
and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT to 8,522
claim the children as dependents for federal income tax purposes 8,524
only if the payments for child support are current in full as 8,525
ordered by the court for the year in which the children will be 8,526
claimed as dependents. If the court determines that the parent 8,527
who is not the residential parent and legal custodian FOR 8,528
PURPOSES OF RECEIVING CHILD SUPPORT may claim the children as 8,529
dependents for federal income tax purposes, it shall order the 8,530
residential parent FOR PURPOSES OF RECEIVING CHILD SUPPORT to 8,531
take whatever action is necessary pursuant to section 152 of the 8,533
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 8,534
amended, to enable the parent who is not the residential parent 8,535
and legal custodian FOR PURPOSES OF RECEIVING CHILD SUPPORT to 8,536
claim the children as dependents for federal income tax purposes 8,537
in accordance with the order of the court. Any willful failure 8,538
of the residential parent FOR PURPOSES OF RECEIVING CHILD SUPPORT 8,539
to comply with the order of the court is contempt of court. 8,541
(g) If the order is a child support order issued on or 8,543
after July 1, 1990, or if the order modifies, on or after July 1, 8,544
1990, a prior child support order, the court shall include in the 8,545
order all of the requirements, specifications, and statements 8,546
described in division (B) of section 3113.218 of the Revised 8,547
Code. 8,548
(2) In any action in which a support order is issued, on 8,550
or after December 1, 1986, under Chapter 3115. or under section 8,551
2151.23, 2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 8,552
3109.19, 3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the 8,555
Revised Code, the court issuing the order also shall conduct a 8,556
209
hearing, prior to or at the time of the issuance of the support 8,557
order, to determine the employment status of the obligor, the 8,558
obligor's social security number, the name and business address 8,559
of the obligor's employer, and any other information necessary to 8,560
enable the court or a child support enforcement agency to issue 8,561
any withholding or deduction notice described in division (D) of 8,562
this section or for the court to issue a court order described in 8,563
division (D)(6) or (7) of this section. The court, prior to the 8,564
hearing, shall give the obligor notice of the hearing that shall 8,565
include the date on which the notice is given and notice that the 8,566
obligor is subject to a requirement for the withholding of a 8,567
specified amount from personal earnings if employed and to one or 8,568
more other types of withholding or deduction requirements 8,569
described in division (D) or one or more types of court orders 8,570
described in division (D)(6) or (7) of this section and that the 8,571
obligor may present evidence and testimony at the hearing to 8,572
prove that any of the requirements would not be proper because of 8,573
a mistake of fact. 8,574
The court or child support enforcement agency, immediately 8,576
upon the court's completion of the hearing, shall issue one or 8,577
more of the types of notices described in division (D) of this 8,578
section imposing a withholding or deduction requirement, or the 8,579
court shall issue one or more types of court orders described in 8,580
division (D)(6) or (7) of this section. 8,581
(D) If a court or child support enforcement agency is 8,583
required under division (A), (B), or (C) of this section or any 8,584
other section of the Revised Code to issue one or more 8,585
withholding or deduction notices described in this division or 8,586
court orders described in division (D)(6) or (7) of this section, 8,587
the court shall issue one or more of the following types of 8,588
notices or court orders, or the agency shall issue one or more of 8,589
the following types of notices to pay the support required under 8,590
the support order in question and also, if required by any of 8,591
those divisions, any other section of the Revised Code, or the 8,592
210
court, to pay any arrearages: 8,593
(1)(a) If the court or the child support enforcement 8,595
agency determines that the obligor is employed, the court or 8,596
agency shall require the obligor's employer to withhold from the 8,597
obligor's personal earnings a specified amount for support in 8,598
satisfaction of the support order, to begin the withholding no 8,599
later than the first pay period that occurs after fourteen 8,600
working days following the date the notice was mailed to the 8,601
employer under divisions (A)(2) or (B) and (D)(1)(b) of this 8,602
section, to send the amount withheld to the child support 8,603
enforcement agency designated for that county pursuant to section 8,604
2301.35 of the Revised Code, to send that amount to the agency 8,605
immediately but not later than ten days after the date the 8,606
obligor is paid, and to continue the withholding at intervals 8,607
specified in the notice until further notice from the court or 8,608
agency. To the extent possible, the amount specified in the 8,609
notice to be withheld shall satisfy the amount ordered for 8,610
support in the support order plus any arrearages that may be owed 8,611
by the obligor under any prior support order that pertained to 8,612
the same child or spouse, notwithstanding the limitations of 8,613
sections 2329.66, 2329.70, 2716.02, and 2716.05 of the Revised 8,614
Code. However, in no case shall the sum of the amount specified 8,615
in the notice to be withheld and any fee withheld by the employer 8,616
as a charge for its services exceed the maximum amount permitted 8,617
under section 303(b) of the "Consumer Credit Protection Act," 15 8,618
U.S.C. 1673(b). 8,619
(b) If the court or agency imposes a withholding 8,621
requirement under division (D)(1)(a) of this section, it, within 8,622
the applicable period of time specified in division (A), (B), or 8,623
(C) of this section, shall send to the obligor's employer by 8,624
regular mail a notice that contains all of the information set 8,625
forth in divisions (D)(1)(b)(i) to (xi) of this section. The 8,626
notice is final and is enforceable by the court. The notice 8,627
shall contain all of the following: 8,628
211
(i) The amount to be withheld from the obligor's wages and 8,630
a statement that the amount actually withheld for support and 8,631
other purposes, including the fee described in division 8,632
(D)(1)(b)(xi) of this section, shall not be in excess of the 8,633
maximum amounts permitted under section 303(b) of the "Consumer 8,634
Credit Protection Act," 15 U.S.C. 1673(b); 8,635
(ii) A statement that the employer is required to send the 8,637
amount withheld to the child support enforcement agency 8,638
immediately, but not later than ten working days, after the 8,639
obligor is paid by the employer and is required to report to the 8,640
agency the date on which the amount was withheld from the 8,641
obligor's wages; 8,642
(iii) A statement that the withholding is binding upon the 8,644
employer until further notice from the agency; 8,645
(iv) A statement that the employer is subject to a fine to 8,647
be determined under the law of this state for discharging the 8,648
obligor from employment, refusing to employ the obligor, or 8,649
taking any disciplinary action against the obligor because of the 8,650
withholding requirement; 8,651
(v) A statement that, if the employer fails to withhold 8,653
wages in accordance with the provisions of the notice, the 8,654
employer is liable for the accumulated amount the employer should 8,655
have withheld from the obligor's wages; 8,656
(vi) A statement that the withholding in accordance with 8,658
the notice and under the provisions of this section has priority 8,659
over any other legal process under the law of this state against 8,660
the same wages; 8,661
(vii) The date on which the notice was mailed and a 8,663
statement that the employer is required to implement the 8,664
withholding no later than the first pay period that occurs after 8,665
fourteen working days following the date the notice was mailed 8,666
and is required to continue the withholding at the intervals 8,667
specified in the notice; 8,668
(viii) A requirement that the employer promptly notify the 8,670
212
child support enforcement agency, in writing, within ten working 8,671
days after the date of any termination of the obligor's 8,672
employment, any layoff of the obligor, any leave of absence of 8,673
the obligor without pay, or any other situation in which the 8,674
employer ceases to pay personal earnings in an amount sufficient 8,675
to comply with the order to the obligor, provide the agency with 8,676
the obligor's last known address, notify the agency of the 8,677
obligor's new employer, if known, and provide the agency with the 8,678
new employer's name, address, and telephone number, if known; 8,679
(ix) A requirement that the employer identify in the 8,681
notification given under division (D)(1)(b)(viii) of this section 8,682
any types of benefits other than personal earnings that the 8,683
obligor is receiving or is eligible to receive as a benefit of 8,684
employment or as a result of the obligor's termination of 8,685
employment, including, but not limited to, unemployment 8,686
compensation, workers' compensation benefits, severance pay, sick 8,687
leave, lump-sum payments of retirement benefits or contributions, 8,688
and bonuses or profit-sharing payments or distributions, and the 8,689
amount of such benefits, and include in the notification the 8,690
obligor's last known address and telephone number, date of birth, 8,691
social security number, and court case number and, if known, the 8,692
name and business address of any new employer of the obligor; 8,693
(x) A requirement that, no later than the earlier of 8,695
forty-five days before the lump-sum payment is to be made or, if 8,696
the obligor's right to the lump-sum payment is determined less 8,697
than forty-five days before it is to be made, the date on which 8,698
that determination is made, the employer notify the child support 8,699
enforcement agency of any lump-sum payments of any kind of five 8,700
hundred dollars or more that are to be paid to the obligor, hold 8,701
the lump-sum payments of five hundred dollars or more for thirty 8,702
days after the date on which the lump-sum payments otherwise 8,703
would have been paid to the obligor, if the lump-sum payments are 8,704
workers' compensation benefits, severance pay, sick leave, 8,705
lump-sum payments of retirement benefits or contributions, annual 8,706
213
bonuses, or profit-sharing payments or distributions, and, upon 8,707
order of the court, pay any specified amount of the lump-sum 8,708
payment to the child support enforcement agency. 8,709
(xi) A statement that, in addition to the amount withheld 8,711
for support, the employer may withhold a fee from the obligor's 8,712
earnings as a charge for its services in complying with the 8,713
notice and a specification of the amount that may be withheld. 8,714
(c) The court or agency shall send the notice described in 8,716
division (D)(1)(b) of this section to the obligor and shall 8,717
attach to the notice an additional notice requiring the obligor 8,718
immediately to notify the child support enforcement agency, in 8,719
writing, of any change in employment, including self-employment, 8,721
and of the availability of any other sources of income that can 8,722
be the subject of any withholding or deduction requirement 8,723
described in division (D) of this section. The court or agency 8,724
shall serve the notices upon the obligor at the same time as 8,725
service of the support order or, if the support order previously 8,726
has been issued, shall send the notices to the obligor by regular 8,727
mail at the last known address at the same time that it sends the 8,728
notice described in division (D)(1)(b) of this section to the 8,729
employer. The notification required of the obligor shall include 8,730
a description of the nature of any new employment, the name and 8,731
business address of any new employer, and any other information 8,732
reasonably required by the court. No obligor shall fail to give 8,733
the notification required by division (D)(1)(c) of this section. 8,734
(2)(a) If the court or the child support enforcement 8,736
agency determines that the obligor is receiving workers' 8,737
compensation payments, the court or agency may require the bureau 8,738
of workers' compensation or the employer that has been granted 8,739
the privilege of paying compensation directly and that is paying 8,740
workers' compensation benefits to the obligor to withhold from 8,741
the obligor's workers' compensation payments a specified amount 8,742
for support in satisfaction of the support order, to begin the 8,743
withholding no later than the date of the first payment that 8,744
214
occurs after fourteen working days following the date the notice 8,745
was mailed to the bureau or employer under divisions (A)(2) or 8,746
(B) and (D)(2)(b) of this section, to send the amount withheld to 8,747
the child support enforcement agency designated for that county 8,748
pursuant to section 2301.35 of the Revised Code, to send that 8,749
amount to the agency immediately but not later than ten days 8,750
after the date the payment is made to the obligor, to provide the 8,751
date on which the amount was withheld, and to continue the 8,752
withholding at intervals specified in the notice until further 8,753
notice from the court or agency. To the extent possible, the 8,754
amount specified in the notice to be withheld shall satisfy the 8,755
amount ordered for support in the support order plus any 8,756
arrearages that may be owed by the obligor under any prior 8,757
support order that pertained to the same child or spouse, 8,758
notwithstanding the limitations of section 4123.67 of the Revised 8,759
Code. However, in no case shall the sum of the amount specified 8,760
in the notice to be withheld and any fee withheld by an employer 8,761
as a charge for its services exceed the maximum amount permitted 8,762
under section 303(b) of the "Consumer Credit Protection Act," 15 8,763
U.S.C. 1673(b). 8,764
(b) If the court or agency imposes a withholding 8,766
requirement under division (D)(2)(a) of this section, it, within 8,767
the applicable period of time specified in division (A), (B), or 8,768
(C) of this section, shall send to the bureau of workers' 8,769
compensation or the employer that is paying the obligor's 8,770
workers' compensation benefits by regular mail a notice that 8,771
contains all of the information set forth in divisions 8,772
(D)(2)(b)(i) to (x) of this section. The notice is final and is 8,773
enforceable by the court. The notice shall contain all of the 8,774
following: 8,775
(i) The amount to be withheld from the obligor's worker's 8,777
compensation payments and a statement that the amount actually 8,778
withheld for support and other purposes, including the fee 8,779
described in division (D)(2)(b)(x) of this section, if 8,780
215
applicable, shall not be in excess of the maximum amounts 8,781
permitted under section 303(b) of the "Consumer Credit Protection 8,782
Act," 15 U.S.C. 1673(b); 8,783
(ii) A statement that the bureau or employer is required 8,785
to send the amount withheld to the child support enforcement 8,786
agency immediately, but not later than ten working days, after 8,787
the payment is made to the obligor and is required to report to 8,788
the agency the date on which the amount was withheld from the 8,789
obligor's payments; 8,790
(iii) A statement that the withholding is binding upon the 8,792
bureau or employer until further notice from the court or agency; 8,793
(iv) If the notice is sent to an employer who is paying 8,795
the obligor's worker's compensation benefits, a statement that, 8,796
if the employer fails to withhold from the obligor's worker's 8,797
compensation payments in accordance with the provisions of the 8,798
notice, the employer is liable for the accumulated amount the 8,799
employer should have withheld from the obligor's payments; 8,800
(v) A statement that the withholding in accordance with 8,802
the notice and under the provisions of this section has priority 8,803
over any other legal process under the law of this state against 8,804
the same payment of benefits; 8,805
(vi) The date on which the notice was mailed and a 8,807
statement that the bureau or employer is required to implement 8,808
the withholding no later than the date of the first payment that 8,809
occurs after fourteen working days following the date the notice 8,810
was mailed and is required to continue the withholding at the 8,811
intervals specified in the notice; 8,812
(vii) A requirement that the bureau or employer promptly 8,814
notify the child support enforcement agency, in writing, within 8,815
ten working days after the date of any termination of the 8,816
obligor's workers' compensation benefits; 8,817
(viii) A requirement that the bureau or employer include 8,819
in all notices the obligor's last known mailing address, last 8,820
known residence address, and social security number; 8,821
216
(ix) A requirement that, no later than the earlier of 8,823
forty-five days before the lump-sum payment is to be made or, if 8,824
the obligor's right to the lump-sum payment is determined less 8,825
than forty-five days before it is to be made, the date on which 8,826
that determination is made, the bureau or employer notify the 8,827
child support enforcement agency of any lump-sum payment of any 8,828
kind of five hundred dollars or more that is to be paid to the 8,829
obligor, hold the lump-sum payment for thirty days after the date 8,830
on which the lump-sum payment otherwise would be paid to the 8,831
obligor, and, upon order of the court, pay any specified amount 8,832
of the lump-sum payment to the agency. 8,833
(x) If the notice is sent to an employer who is paying the 8,835
obligor's workers' compensation benefits, a statement that, in 8,836
addition to the amount withheld for support, the employer may 8,837
withhold a fee from the obligor's benefits as a charge for its 8,838
services in complying with the notice and a specification of the 8,839
amount that may be withheld. 8,840
(c) The court or agency shall send the notice described in 8,842
division (D)(2)(b) of this section to the obligor and shall 8,843
attach to the notice an additional notice requiring the obligor 8,844
to immediately notify the child support enforcement agency, in 8,845
writing, of any change in the obligor's workers' compensation 8,846
payments, of the obligor's commencement of employment, including 8,847
self-employment, and of the availability of any other sources of 8,848
income that can be the subject of any withholding or deduction 8,849
requirement described in division (D) of this section. The court 8,850
or agency shall serve the notices upon the obligor at the same 8,851
time as service of the support order or, if the support order 8,852
previously has been issued, shall send the notices to the obligor 8,853
by regular mail at the obligor's last known address at the same 8,854
time that it sends the notice described in division (D)(2)(b) of 8,855
this section to the bureau or employer. The additional notice 8,856
also shall notify the obligor that upon commencement of 8,857
employment the obligor may request the court or the child support 8,858
217
enforcement agency to cancel its workers' compensation payment 8,859
withholding notice and instead issue a notice requiring the 8,860
withholding of an amount from the obligor's personal earnings for 8,861
support in accordance with division (D)(1) of this section and 8,863
that upon commencement of employment the court may cancel its 8,864
workers' compensation payment withholding notice and instead will 8,865
issue a notice requiring the withholding of an amount from the 8,866
obligor's personal earnings for support in accordance with 8,867
division (D)(1) of this section. The notification required of
the obligor shall include a description of the nature of any new 8,868
employment, the name and business address of any new employer, 8,869
and any other information reasonably required by the court. 8,870
(3)(a) If the court or child support enforcement agency 8,872
determines that the obligor is receiving any pension, annuity, 8,873
allowance, or other benefit or is to receive or has received a 8,874
warrant refunding the individual account from the public 8,875
employees retirement system, a municipal retirement system 8,876
established subject to sections 145.01 to 145.58 of the Revised 8,877
Code, the police and firemen's disability and pension fund, the 8,878
state teachers retirement system, the school employees retirement 8,879
system, or the state highway patrol retirement system, the court 8,880
or agency may require the public employees retirement board, the 8,881
board, board of trustees, or other governing entity of any 8,882
municipal retirement system, the board of trustees of the police 8,883
and firemen's disability and pension fund, the state teachers 8,884
retirement board, the school employees retirement board, or the 8,885
state highway patrol retirement board to withhold from the 8,886
obligor's pension, annuity, allowance, other benefit, or warrant 8,887
a specified amount for support in satisfaction of the support 8,888
order, to begin the withholding no later than the date of the 8,889
first payment that occurs after fourteen working days following 8,890
the date the notice was mailed to the board, board of trustees, 8,891
or other entity under divisions (A)(2) or (B) and (D)(3)(b) of 8,892
this section, to send the amount withheld to the child support 8,893
218
enforcement agency designated for that county pursuant to section 8,894
2301.35 of the Revised Code, to send that amount to the agency 8,895
immediately but not later than ten days after the date the 8,896
payment is made to the obligor, to provide the date on which the 8,897
amount was withheld, and to continue the withholding at intervals 8,898
specified in the notice until further notice from the court or 8,899
agency. To the extent possible, the amount specified in the 8,900
notice to be withheld shall satisfy the amount ordered for 8,901
support in the support order plus any arrearages that may be owed 8,902
by the obligor under any prior support order that pertained to 8,903
the same child or spouse, notwithstanding the limitations of 8,904
sections 2329.66, 2329.70, and 2716.13 of the Revised Code. 8,905
However, in no case shall the sum of the amount specified in the 8,906
notice to be withheld and any fee withheld by the board, board of 8,907
trustees, or other entity as a charge for its services exceed the 8,908
maximum amount permitted under section 303(b) of the "Consumer 8,909
Credit Protection Act," 15 U.S.C. 1673(b). 8,910
(b) If the court or agency imposes a withholding 8,912
requirement under division (D)(3)(a) of this section, it, within 8,913
the applicable period of time specified in division (A), (B), or 8,914
(C) of this section, shall send to the board, board of trustees, 8,915
or other entity by regular mail a notice that contains all of the 8,916
information set forth in divisions (D)(3)(b)(i) to (ix) of this 8,917
section. The notice is final and is enforceable by the court. 8,918
The notice shall contain all of the following: 8,919
(i) The amount to be withheld from the obligor's pension, 8,921
annuity, allowance, other benefit, or warrant and a statement 8,922
that the amount actually withheld for support and other purposes, 8,923
including the fee described in division (D)(3)(b)(ix) of this 8,924
section, shall not be in excess of the maximum amounts permitted 8,925
under section 303(b) of the "Consumer Credit Protection Act," 15 8,926
U.S.C. 1673(b); 8,927
(ii) A statement that the board, board of trustees, or 8,929
other entity is required to send the amount withheld to the child 8,930
219
support enforcement agency immediately, but not later than ten 8,931
working days, after the payment is made to the obligor and is 8,932
required to report to the agency the date on which the amount was 8,933
withheld from the obligor's payments; 8,934
(iii) A statement that the withholding is binding upon the 8,936
board, board of trustees, or other entity until further notice 8,937
from the court or agency; 8,938
(iv) A statement that the withholding in accordance with 8,940
the notice and under the provisions of this section has priority 8,941
over any other legal process under the law of this state against 8,942
the same payment of the pension, annuity, allowance, other 8,943
benefit, or warrant; 8,944
(v) The date on which the notice was mailed and a 8,946
statement that the board, board of trustees, or other entity is 8,947
required to implement the withholding no later than the date of 8,948
the first payment that occurs after fourteen working days 8,949
following the date the notice was mailed and is required to 8,950
continue the withholding at the intervals specified in the 8,951
notice; 8,952
(vi) A requirement that the board, board of trustees, or 8,954
other entity promptly notify the child support enforcement 8,955
agency, in writing, within ten working days after the date of any 8,956
termination of the obligor's pension, annuity, allowance, or 8,957
other benefit; 8,958
(vii) A requirement that the board, board of trustees, or 8,960
other entity include in all notices the obligor's last known 8,961
mailing address, last known residence address, and social 8,962
security number; 8,963
(viii) A requirement that, no later than the earlier of 8,965
forty-five days before the lump-sum payment is to be made or, if 8,966
the obligor's right to the lump-sum payment is determined less 8,967
than forty-five days before it is to be made, the date on which 8,968
that determination is made, the board, board of trustees, or 8,969
other entity notify the child support enforcement agency of any 8,970
220
lump-sum payment of any kind of five hundred dollars or more that 8,971
is to be paid to the obligor, hold the lump-sum payment for 8,972
thirty days after the date on which the lump-sum payment would 8,973
otherwise be paid to the obligor, if the lump-sum payments are 8,974
lump-sum payments of retirement benefits or contributions, and, 8,975
upon order of the court, pay any specified amount of the lump-sum 8,976
payment to the agency. 8,977
(ix) A statement that, in addition to the amount withheld 8,979
for support, the board, board of trustees, or other entity may 8,980
withhold a fee from the obligor's pension, annuity, allowance, 8,981
other benefit, or warrant as a charge for its services in 8,982
complying with the notice and a specification of the amount that 8,983
may be withheld. 8,984
(c) The court or agency shall send the notice described in 8,986
division (D)(3)(b) of this section to the obligor and shall 8,987
attach to the notice an additional notice requiring the obligor 8,988
immediately to notify the child support enforcement agency, in 8,989
writing, of any change in pension, annuity, allowance, or other 8,991
benefit, of the commencement of employment, including
self-employment, and of the availability of any other sources of 8,992
income that can be the subject of any withholding or deduction 8,993
requirement described in division (D) of this section. The court 8,994
or agency shall serve the notices upon the obligor at the same 8,995
time as service of the support order or, if the support order 8,996
previously has been issued, shall send the notices to the obligor 8,997
by regular mail at the last known address at the same time that 8,998
it sends the notice described in division (D)(3)(b) of this 8,999
section to the board, board of trustees, or other entity. The 9,000
additional notice also shall specify that upon commencement of 9,002
employment the obligor may request the court or the child support 9,003
enforcement agency to issue a notice requiring the withholding of 9,004
an amount from personal earnings for support in accordance with 9,005
division (D)(1) of this section and that upon commencement of 9,006
employment the court may cancel its withholding notice under 9,007
221
division (D)(3)(b) of this section and instead will issue a 9,008
notice requiring the withholding of an amount from personal 9,009
earnings for support in accordance with division (D)(1) of this 9,010
section. The notification required of the obligor shall include 9,011
a description of the nature of any new employment, the name and 9,012
business address of any new employer, and any other information 9,013
reasonably required by the court.
(4)(a) If the court or child support enforcement agency 9,015
determines that the obligor is receiving any form of income, 9,016
including, but not limited to, disability or sick pay, insurance 9,017
proceeds, lottery prize awards, federal, state, or local 9,018
government benefits to the extent that the benefits can be 9,019
withheld or deducted under any law governing the benefits, any 9,020
form of trust fund or endowment fund, vacation pay, commissions 9,021
and draws against commissions that are paid on a regular basis, 9,022
bonuses or profit-sharing payments or distributions, or any 9,023
lump-sum payments, the court or agency may require the person who 9,024
pays or otherwise distributes the income to the obligor to 9,025
withhold from the obligor's income a specified amount for support 9,026
in satisfaction of the support order, to begin the withholding no 9,027
later than the date of the first payment that occurs after 9,028
fourteen working days following the date the notice was mailed to 9,029
the person paying or otherwise distributing the obligor's income 9,030
under divisions (A)(2) or (B) and (D)(4)(b) of this section, to 9,031
send the amount withheld to the child support enforcement agency 9,032
designated for that county pursuant to section 2301.35 of the 9,033
Revised Code, to send that amount to the agency immediately but 9,034
not later than ten days after the date the payment is made to the 9,035
obligor, to provide the date on which the amount was withheld, 9,036
and to continue the withholding at intervals specified in the 9,037
notice until further notice from the court or agency. To the 9,038
extent possible, the amount specified in the notice to be 9,039
withheld shall satisfy the amount ordered for support in the 9,040
support order plus any arrearages that may be owed by the obligor 9,041
222
under any prior support order that pertained to the same child or 9,042
spouse, notwithstanding the limitations of sections 2329.66, 9,043
2329.70, and 2716.13 of the Revised Code. However, in no case 9,044
shall the sum of the amount specified in the notice to be 9,045
withheld and any fee withheld by the person paying or otherwise 9,046
distributing the obligor's income as a charge for its services 9,047
exceed the maximum amount permitted under section 303(b) of the 9,048
"Consumer Credit Protection Act," 15 U.S.C. 1673(b). 9,049
(b) If the court or agency imposes a withholding 9,051
requirement under division (D)(4)(a) of this section, it, within 9,052
the applicable period of time specified in division (A), (B), or 9,053
(C) of this section, shall send to the person paying or otherwise 9,054
distributing the obligor's income by regular mail a notice that 9,055
contains all of the information set forth in divisions 9,056
(D)(4)(b)(i) to (ix) of this section. The notice is final and is 9,057
enforceable by the court. The notice shall contain all of the 9,058
following: 9,059
(i) The amount to be withheld from the obligor's income 9,061
and a statement that the amount actually withheld for support and 9,062
other purposes, including the fee described in division 9,063
(D)(4)(b)(ix) of this section, shall not be in excess of the 9,064
maximum amounts permitted under section 303(b) of the "Consumer 9,065
Credit Protection Act," 15 U.S.C. 1673(b); 9,066
(ii) A statement that the person paying or otherwise 9,068
distributing the obligor's income is required to send the amount 9,069
withheld to the child support enforcement agency immediately, but 9,070
not later than ten working days, after the payment is made to the 9,071
obligor and is required to report to the agency the date on which 9,072
the amount was withheld from the obligor's payments; 9,073
(iii) A statement that the withholding is binding upon the 9,075
person paying or otherwise distributing the obligor's income 9,076
until further notice from the court or agency; 9,077
(iv) A statement that the withholding in accordance with 9,079
the notice and under the provisions of this section has priority 9,080
223
over any other legal process under the law of this state against 9,081
the same payment of the income; 9,082
(v) A statement that the person paying or otherwise 9,084
distributing the obligor's income is required to implement the 9,085
withholding no later than the date of the first payment that 9,086
occurs after fourteen working days following the date the notice 9,087
was mailed and is required to continue the withholding at the 9,088
intervals specified in the notice; 9,089
(vi) A requirement that the person paying or otherwise 9,091
distributing the obligor's income promptly notify the child 9,092
support enforcement agency, in writing, within ten days after the 9,093
date of any termination of the obligor's income; 9,094
(vii) A requirement that the person paying or otherwise 9,096
distributing the obligor's income include in all notices the 9,097
obligor's last known mailing address, last known residence 9,098
address, and social security number; 9,099
(viii) A requirement that, no later than the earlier of 9,101
forty-five days before the lump-sum payment is to be made or, if 9,102
the obligor's right to the lump-sum payment is determined less 9,103
than forty-five days before it is to be made, the date on which 9,104
that determination is made, the person paying or otherwise 9,105
distributing the obligor's income notify the child support 9,106
enforcement agency of any lump-sum payment of any kind of five 9,107
hundred dollars or more that is to be paid to the obligor, hold 9,108
the lump-sum payment for thirty days after the date on which the 9,109
lump-sum payment would otherwise be paid to the obligor, if the 9,110
lump-sum payment is sick pay, lump-sum payment of retirement 9,111
benefits or contributions, or profit-sharing payments or 9,112
distributions, and, upon order of the court, pay any specified 9,113
amount of the lump-sum payment to the child support enforcement 9,114
agency. 9,115
(ix) A statement that, in addition to the amount withheld 9,117
for support, the person paying or otherwise distributing the 9,118
obligor's income may withhold a fee from the obligor's income as 9,119
224
a charge for its services in complying with the order and a 9,120
specification of the amount that may be withheld. 9,121
(c) The court or agency shall send the notice described in 9,123
division (D)(4)(b) of this section to the obligor and shall 9,124
attach to the notice an additional notice requiring the obligor 9,125
immediately to notify the child support enforcement agency, in 9,126
writing, of any change in income to which the withholding notice 9,128
applies, of the commencement of employment, including
self-employment, and of the availability of any other sources of 9,129
income that can be the subject of any withholding or deduction 9,130
requirement described in division (D) of this section. The court 9,131
or agency shall serve the notices upon the obligor at the same 9,132
time as service of the support order or, if the support order 9,133
previously has been issued, shall send the notices to the obligor 9,134
by regular mail at the last known address at the same time that 9,135
it sends the notice described in division (D)(4)(b) of this 9,136
section to the person paying or otherwise distributing the 9,137
obligor's income. The additional notice also shall specify that 9,138
upon commencement of employment the obligor may request the court 9,140
or child support enforcement agency to issue a notice requiring 9,141
the withholding of an amount from the obligor's personal earnings 9,142
for support in accordance with division (D)(1) of this section
and that upon commencement of employment the court may cancel its 9,144
withholding notice under division (D)(4)(b) of this section and 9,145
instead will issue a notice requiring the withholding of an
amount from personal earnings for support in accordance with 9,146
division (D)(1) of this section. The notification required of 9,147
the obligor shall include a description of the nature of any new 9,148
employment, the name and business address of any new employer, 9,149
and any other information reasonably required by the court. 9,150
(5)(a) If the court or child support enforcement agency 9,152
determines that the obligor has funds on deposit in any account 9,153
in a financial institution under the jurisdiction of the court, 9,154
the court or agency may require any financial institution in 9,155
225
which the obligor's funds are on deposit to deduct from the 9,156
obligor's account a specified amount for support in satisfaction 9,157
of the support order, to begin the deduction no later than 9,158
fourteen working days following the date the notice was mailed to 9,159
the financial institution under divisions (A)(2) or (B) and 9,160
(D)(5)(b) of this section, to send the amount deducted to the 9,161
child support enforcement agency designated for that county 9,162
pursuant to section 2301.35 of the Revised Code, to send that 9,163
amount to the agency immediately but not later than ten days 9,164
after the date the latest deduction was made, to provide the date 9,165
on which the amount was deducted, and to continue the deduction 9,166
at intervals specified in the notice until further notice from 9,167
the court or agency. To the extent possible, the amount 9,168
specified in the notice to be deducted shall satisfy the amount 9,169
ordered for support in the support order plus any arrearages that 9,170
may be owed by the obligor under any prior support order that 9,171
pertained to the same child or spouse, notwithstanding the 9,172
limitations of sections 2329.66, 2329.70, and 2716.13 of the 9,173
Revised Code. However, in no case shall the sum of the amount 9,174
specified in the notice to be deducted and the fee deducted by 9,175
the financial institution as a charge for its services exceed the 9,176
maximum amount permitted under section 303(b) of the "Consumer 9,177
Credit Protection Act," 15 U.S.C. 1673(b). 9,178
(b) If the court or agency imposes a withholding 9,180
requirement under division (D)(5)(a) of this section, it, within 9,181
the applicable period of time specified in division (A), (B), or 9,182
(C) of this section, shall send to the financial institution by 9,183
regular mail a notice that contains all of the information set 9,184
forth in divisions (D)(5)(b)(i) to (viii) of this section. The 9,185
notice is final and is enforceable by the court. The notice 9,186
shall contain all of the following: 9,187
(i) The amount to be deducted from the obligor's account 9,189
and a statement that the amount actually deducted for support and 9,190
other purposes, including the fee described in division 9,191
226
(D)(5)(b)(viii) of this section, shall not be in excess of the 9,192
maximum amounts permitted under section 303(b) of the "Consumer 9,193
Credit Protection Act," 15 U.S.C. 1673(b); 9,194
(ii) A statement that the financial institution is 9,196
required to send the amount deducted to the child support 9,197
enforcement agency immediately, but not later than ten working 9,198
days, after the date the last deduction was made and is required 9,199
to report to the agency the date on which the amount was deducted 9,200
from the obligor's account; 9,201
(iii) A statement that the deduction is binding upon the 9,203
financial institution until further notice from the court or 9,204
agency; 9,205
(iv) A statement that the withholding in accordance with 9,207
the notice and under the provisions of this section has priority 9,208
over any other legal process under the law of this state against 9,209
the same account; 9,210
(v) The date on which the notice was mailed and a 9,212
statement that the financial institution is required to implement 9,213
the deduction no later than fourteen working days following the 9,214
date the notice was mailed and is required to continue the 9,215
deduction at the intervals specified in the notice; 9,216
(vi) A requirement that the financial institution promptly 9,218
notify the child support enforcement agency, in writing, within 9,219
ten days after the date of any termination of the account from 9,220
which the deduction is being made and notify the agency, in 9,221
writing, of the opening of a new account at that financial 9,222
institution, the account number of the new account, the name of 9,223
any other known financial institutions in which the obligor has 9,224
any accounts, and the numbers of those accounts; 9,225
(vii) A requirement that the financial institution include 9,227
in all notices the obligor's last known mailing address, last 9,228
known residence address, and social security number; 9,229
(viii) A statement that, in addition to the amount 9,231
deducted for support, the financial institution may deduct a fee 9,232
227
from the obligor's account as a charge for its services in 9,233
complying with the notice and a specification of the amount that 9,234
may be deducted. 9,235
(c) The court or agency shall send the notice described in 9,237
division (D)(5)(b) of this section to the obligor and shall 9,238
attach to the notice an additional notice requiring the obligor 9,239
immediately to notify the child support enforcement agency, in 9,240
writing, of any change in the status of the account from which 9,241
the amount of support is being deducted or the opening of a new 9,242
account with any financial institution, of commencement of 9,243
employment, including self-employment, or of the availability of 9,244
any other sources of income that can be the subject of any 9,245
withholding or deduction requirement described in division (D) of 9,246
this section. The court or agency shall serve the notices upon 9,247
the obligor at the same time as service of the support order or, 9,248
if the support order previously has been issued, shall send the 9,249
notices to the obligor by regular mail at the last known address 9,250
at the same time that it sends the notice described in division 9,251
(D)(5)(b) of this section to the financial institution. The 9,252
additional notice also shall specify that upon commencement of 9,254
employment, the obligor may request the court or child support 9,255
enforcement agency to cancel its financial institution account 9,256
deduction notice and instead issue a notice requiring the
withholding of an amount from personal earnings for support in 9,258
accordance with division (D)(1) of this section and that upon
commencement of employment the court may cancel its financial 9,259
institution account deduction notice under division (D)(5)(b) of 9,260
this section and instead will issue a notice requiring the 9,261
withholding of an amount from personal earnings for support in 9,263
accordance with division (D)(1) of this section. The
notification required of the obligor shall include a description 9,264
of the nature of any new accounts opened at a financial 9,265
institution under the jurisdiction of the court, the name and 9,266
business address of that financial institution, a description of 9,267
228
the nature of any new employment, the name and business address 9,268
of any new employer, and any other information reasonably 9,269
required by the court. 9,270
(6) The court may issue an order requiring the obligor to 9,272
enter into a cash bond with the court. The court shall issue the 9,273
order as part of the support order or, if the support order 9,274
previously has been issued, as a separate order. Any cash bond 9,275
so required shall be in a sum fixed by the court at not less than 9,276
five hundred nor more than ten thousand dollars, conditioned that 9,277
the obligor will make payment as previously ordered and will pay 9,278
any arrearages under any prior support order that pertained to 9,279
the same child or spouse. The order, along with an additional 9,280
order requiring the obligor to immediately notify the child 9,281
support enforcement agency, in writing, of commencement of 9,282
employment, including self-employment, shall be attached to, and 9,283
shall be served upon the obligor at the same time as service of, 9,284
the support order or, if the support order previously has been 9,285
issued, as soon as possible after the issuance of the order under 9,286
this division. The additional order also shall specify that upon 9,287
commencement of employment the obligor may request the court to 9,289
cancel its bond order and instead issue a notice requiring the 9,290
withholding of an amount from personal earnings for support in 9,291
accordance with division (D)(1) of this section and that upon 9,292
commencement of employment the court will proceed to collect on 9,293
the bond, if the court determines that payments due under the 9,294
support order have not been made and that the amount that has not 9,295
been paid is at least equal to the support owed for one month 9,296
under the support order, and will issue a notice requiring the 9,297
withholding of an amount from personal earnings for support in 9,298
accordance with division (D)(1) of this section. The 9,299
notification required of the obligor shall include a description 9,300
of the nature of any new employment, the name and business 9,301
address of any new employer, and any other information reasonably 9,302
required by the court.
229
The court shall not order an obligor to post a cash bond 9,304
under this division unless the court determines that the obligor 9,305
has the ability to do so. A child support enforcement agency 9,306
shall not issue an order of the type described in this division. 9,307
If a child support enforcement agency is required to issue a 9,308
withholding or deduction notice under division (D) of this 9,309
section but the agency determines that no notice of the type 9,310
described in division (D)(1) to (5) of this section would be 9,311
appropriate, the agency may request the court to issue a court 9,312
order under this division, and, upon the request, the court may 9,313
issue an order as described in this division. 9,314
(7) If the obligor is unemployed, has no income, and does 9,316
not have an account at any financial institution, the court shall 9,317
issue an order requiring the obligor to seek employment if the 9,318
obligor is able to engage in employment and immediately to notify 9,319
the child support enforcement agency upon obtaining employment, 9,320
upon obtaining any income, or upon obtaining ownership of any 9,321
asset with a value of five hundred dollars or more. The court 9,322
shall issue the notice as part of the support order or, if the 9,323
support order previously has been issued, as a separate notice. A 9,325
child support enforcement agency shall not issue a notice of the 9,326
type described in this division. If a child support enforcement 9,327
agency is required to issue a withholding or deduction notice 9,328
under division (D) of this section but the agency determines that 9,329
no notice of the type described in division (D)(1) to (5) of this 9,330
section would be appropriate, the agency may request the court to 9,331
issue a court order under this division, and, upon the request, 9,332
the court may issue an order as described in this division. 9,333
(E) If a court or child support enforcement agency is 9,335
required under division (A), (B), or (C) of this section or any 9,336
other section of the Revised Code to issue one or more notices or 9,337
court orders described in division (D) of this section, the court 9,338
or agency to the extent possible shall issue a sufficient number 9,339
of notices or court orders under division (D) of this section to 9,340
230
provide that the aggregate amount withheld or deducted under 9,341
those notices or court orders satisfies the amount ordered for 9,342
support in the support order plus any arrearages that may be owed 9,343
by the obligor under any prior support order that pertained to 9,344
the same child or spouse, notwithstanding the limitations of 9,345
sections 2329.66, 2329.70, 2716.13, and 4123.67 of the Revised 9,346
Code. However, in no case shall the aggregate amount withheld or 9,347
deducted and any fees withheld or deducted as a charge for 9,348
services exceed the maximum amount permitted under section 303(b) 9,349
of the "Consumer Credit Protection Act," 15 U.S.C. 1673(b). 9,350
(F)(1) Any withholding or deduction requirement that is 9,352
contained in a notice described in division (D) of this section 9,353
and that is required to be issued by division (A), (B), or (C) of 9,354
this section or any other section of the Revised Code has 9,355
priority over any order of attachment, any order in aid of 9,356
execution, and any other legal process issued under state law 9,357
against the same earnings, payments, or account. 9,358
(2) When two or more withholding or deduction notices that 9,360
are described in division (D) of this section and that are 9,361
required to be issued by division (A), (B), or (C) of this 9,362
section or any other section of the Revised Code are received by 9,363
an employer, the bureau of workers' compensation, an employer 9,364
that is paying more than one person's workers' compensation 9,365
benefits, the public employees retirement board, the board, board 9,366
of trustees, or other governing entity of any municipal 9,367
retirement system, the board of trustees of the police and 9,368
firemen's disability and pension fund, the state teachers 9,369
retirement board, the school employees retirement board, the 9,370
state highway patrol retirement board, a person paying or 9,371
otherwise distributing income for more than one obligor, or a 9,372
financial institution, the employer, bureau of workers' 9,373
compensation, employer paying workers' compensation benefits, 9,374
board, board of trustees, or other governing entity of a 9,375
retirement system, person paying or distributing income to an 9,376
231
obligor, or financial institution shall comply with all of the 9,377
requirements contained in the notices to the extent that the 9,378
total amount withheld from the obligor's personal earnings, 9,379
payments, pensions, annuities, allowances, benefits, other 9,380
sources of income, or savings does not exceed the maximum amount 9,381
permitted under section 303(b) of the "Consumer Credit Protection 9,382
Act," 15 U.S.C. 1673(b), withhold or deduct amounts in accordance 9,383
with the allocation set forth in divisions (F)(2)(a) and (b) of 9,384
this section, notify each court or child support enforcement 9,385
agency that issued one of the notices of the allocation, and give 9,386
priority to amounts designated in each notice as current support 9,387
in the following manner: 9,388
(a) If the total of the amounts designated in the notices 9,390
as current support exceeds the amount available for withholding 9,391
under section 303(b) of the "Consumer Credit Protection Act," 15 9,392
U.S.C. 1673(b), the employer, bureau of workers' compensation, 9,393
employer paying workers' compensation benefits, board, board of 9,394
trustees, or other governing entity of a municipal retirement 9,395
system, person paying or distributing income to an obligor, or 9,396
financial institution shall allocate to each notice an amount for 9,397
current support equal to the amount designated in that notice as 9,398
current support multiplied by a fraction in which the numerator 9,399
is the amount of personal earnings, payments, pensions, 9,400
annuities, allowances, benefits, other sources of income, or 9,401
savings available for withholding and the denominator is the 9,402
total amount designated in all of the notices as current support. 9,403
(b) If the total of the amounts designated in the notices 9,405
as current support does not exceed the amount available for 9,406
withholding under section 303(b) of the "Consumer Credit 9,407
Protection Act," 15 U.S.C. 1673(b), the persons and entities 9,408
listed in division (F)(2)(a) of this section shall pay all of the 9,409
amounts designated as current support in the notices and shall 9,410
allocate to each notice an amount for past-due support equal to 9,411
the amount designated in that notice as past-due support 9,412
232
multiplied by a fraction in which the numerator is the amount of 9,413
personal earnings, payments, pensions, annuities, allowances, 9,414
benefits, other sources of income, or savings remaining available 9,415
for withholding after the payment of current support and the 9,416
denominator is the total amount designated in all of the notices 9,417
as past-due support. 9,418
(G)(1) Except when a provision specifically authorizes or 9,420
requires service other than as described in this division, 9,421
service of any notice on any party, the bureau of workers' 9,422
compensation, an employer that is paying a person's workers' 9,423
compensation benefits, the public employees retirement board, the 9,424
board, board of trustees, or other governing entity of any 9,425
municipal retirement system, the board of trustees of the police 9,426
and firemen's disability and pension fund, the state teachers 9,427
retirement board, the school employees retirement board, the 9,428
state highway patrol retirement board, a person paying or 9,429
otherwise distributing an obligor's income, a financial 9,430
institution, or an employer, for purposes of division (A), (B), 9,431
(C), or (D) of this section, may be made by personal service or 9,432
ordinary first class mail directed to the addressee at the last 9,433
known address, or, in the case of a corporation, at its usual 9,434
place of doing business. Any service of notice by ordinary first 9,435
class mail shall be evidenced by a certificate of mailing filed 9,436
with the clerk of the court. 9,437
(2) Each party to a support order shall notify the child 9,439
support enforcement agency of the party's current mailing address 9,440
and current residence address at the time of the issuance or 9,441
modification of the order and, until further notice of the court 9,442
that issues the order, shall notify the agency of any change in 9,443
either address immediately after the change occurs. Any willful 9,444
failure to comply with this division is contempt of court. No 9,445
person shall fail to give the notice required by division (G)(2) 9,446
of this section.
(3) Each support order, or modification of a support 9,448
233
order, that is subject to this section shall contain a statement 9,449
requiring each party to the order to notify the child support 9,450
enforcement agency in writing of the party's current mailing 9,451
address, the party's current residence address, and of any 9,452
changes in either address and a notice that the requirement to 9,453
notify the agency of all changes in either address continues 9,454
until further notice from the court and that a willful failure to 9,455
supply a correct mailing address or residence address or to 9,456
provide the agency with all changes in either address is contempt 9,457
of court. 9,458
(4)(a) The parent who is the residential parent and legal 9,460
custodian of a child for whom FOR PURPOSES OF RECEIVING CHILD 9,461
SUPPORT UNDER a support order is issued or the person who 9,463
otherwise has custody of a child for whom a support order is 9,464
issued immediately shall notify, and the obligor under a support 9,465
order may notify, the child support enforcement agency of any 9,466
reason for which the support order should terminate, including, 9,467
but not limited to, death, marriage, emancipation, enlistment in 9,468
the armed services, deportation, or change of legal or physical 9,469
custody of the child. A willful failure to notify the child 9,470
support enforcement agency as required by this division is 9,471
contempt of court. Upon receipt of a notice pursuant to this
division, the agency immediately shall conduct an investigation 9,472
to determine if any reason exists for which the support order 9,473
should terminate. If the agency so determines, it immediately 9,474
shall notify the court that issued the support order of the 9,475
reason for which the support order should terminate. 9,476
(b) Upon receipt of a notice given pursuant to division 9,478
(G)(4)(a) of this section, the court shall impound any funds 9,479
received for the child pursuant to the support order and set the 9,480
case for a hearing for a determination of whether the support 9,481
order should be terminated or modified or whether the court 9,482
should take any other appropriate action. 9,483
(c) If the court terminates a support order pursuant to 9,485
234
divisions (G)(4)(a) and (b) of this section, the termination of 9,486
the support order also terminates any withholding or deduction 9,487
order as described in division (D) or (H) of this section that 9,488
was issued relative to the support order prior to December 31, 9,489
1993, and any withholding or deduction notice as described in 9,490
division (D) or court order as described in division (D)(6), 9,491
(D)(7), or (H) of this section that was issued relative to the 9,492
support order on or after December 31, 1993. Upon the 9,493
termination of any withholding or deduction order or any 9,494
withholding or deduction notice, the court immediately shall 9,495
notify the appropriate child support enforcement agency that the 9,496
order or notice has been terminated, and the agency immediately 9,497
shall notify each employer, financial institution, or other 9,498
person or entity that was required to withhold or deduct a sum of 9,499
money for the payment of support under the terminated withholding 9,500
or deduction order or the terminated withholding or deduction 9,501
notice that the order or notice has been terminated and that it 9,502
is required to cease all withholding or deduction under the order 9,503
or notice. 9,504
(d) The department of human services shall adopt rules 9,506
that provide for both of the following: 9,507
(i) The return to the appropriate person of any funds that 9,509
a court has impounded under division (G)(4)(b) of this section if 9,510
the support order under which the funds were paid has been 9,511
terminated pursuant to divisions (G)(4)(a) and (b) of this 9,512
section; 9,513
(ii) The return to the appropriate person of any other 9,515
payments made pursuant to a support order if the payments were 9,516
made at any time after the support order under which the funds 9,517
were paid has been terminated pursuant to divisions (G)(4)(a) and 9,518
(b) of this section. 9,519
(5) If any party to a support order requests a 9,521
modification of the order or if any obligee under a support order 9,522
or any person on behalf of the obligee files any action to 9,523
235
enforce a support order, the court shall notify the child support 9,524
enforcement agency that is administering the support order or 9,525
that will administer the order after the court's determination of 9,526
the request or the action, of the request or the filing. 9,527
(6) When a child support enforcement agency receives any 9,529
notice under division (G) of section 2151.23, section 2301.37, 9,530
division (E) of section 3105.18, division (C) of section 3105.21, 9,531
division (A) of section 3109.05, division (F) of section 3111.13, 9,532
division (B) of section 3113.04, section 3113.21, section 9,533
3113.211, section 3113.212, division (K) of section 3113.31, or 9,534
division (D) of section 3115.22 of the Revised Code, it shall 9,535
issue the most appropriate notices under division (D) of this 9,536
section. Additionally, it shall do all of the following: 9,537
(a) If the obligor is subject to a withholding notice 9,539
issued under division (D)(1) of this section and the notice 9,540
relates to the obligor's change of employment, send a withholding 9,541
notice under that division to the new employer of the obligor as 9,542
soon as the agency obtains knowledge of that employer; 9,543
(b) If the notification received by the agency specifies 9,545
that a lump-sum payment of five hundred dollars or more is to be 9,546
paid to the obligor, notify the court of the receipt of the 9,547
notice and its contents; 9,548
(c) Comply with section 3113.212 of the Revised Code, as 9,550
appropriate. 9,551
(H)(1)(a) For purposes of division (D)(1) of this section, 9,553
when a person who fails to comply with a support order that is 9,554
subject to that division derives income from self-employment or 9,555
commission, is employed by an employer not subject to the 9,556
jurisdiction of the court, or is in any other employment 9,557
situation that makes the application of that division 9,558
impracticable, the court may require the person to enter into a 9,559
cash bond to the court in a sum fixed by the court at not less 9,560
than five hundred nor more than ten thousand dollars, conditioned 9,561
that the person will make payment as previously ordered. 9,562
236
(b) When a court determines at a hearing conducted under 9,564
division (B) of this section, or a child support enforcement 9,565
agency determines at a hearing or pursuant to an investigation 9,566
conducted under division (B) of this section, that the obligor 9,567
under the order in relation to which the hearing or investigation 9,568
is conducted is unemployed and has no other source of income and 9,569
no assets so that the application of divisions (B) and (D) of 9,570
this section would be impracticable, the court shall issue an 9,571
order as described in division (D)(7) of this section and shall 9,572
order the obligor to notify the child support enforcement agency 9,573
in writing immediately upon commencement of employment, including 9,575
self-employment, of the receipt of workers' compensation 9,576
payments, of the receipt of any other source of income, or of the 9,577
opening of an account in a financial institution, and to include 9,578
in the notification a description of the nature of the 9,579
employment, the name and business address of the employer, and 9,580
any other information reasonably required by the court. 9,581
(2) When a court determines, at a hearing conducted under 9,583
division (C)(2) of this section, that an obligor is unemployed, 9,584
is not receiving workers' compensation payments, does not have an 9,585
account in a financial institution, and has no other source of 9,586
income and no assets so that the application of divisions (C)(2) 9,587
and (D) of this section would be impracticable, the court shall 9,588
issue an order as described in division (D)(7) of this section 9,589
and shall order the obligor to notify the child support 9,590
enforcement agency, in writing, immediately upon commencement of 9,592
employment, including self-employment, of the receipt of workers' 9,593
compensation payments, of the receipt of any other source of 9,594
income, or of the opening of an account in a financial
institution, and to include in the notification a description of 9,595
the nature of the employment, the name and business address of 9,596
the employer or the name and address of the financial 9,597
institution, and any other information reasonably required by the 9,598
court. 9,599
237
(3)(a) Upon receipt of a notice from a child support 9,601
enforcement agency under division (G)(6) of this section that a 9,602
lump-sum payment of five hundred dollars or more is to be paid to 9,603
the obligor, the court shall do either of the following: 9,604
(i) If the obligor is in default under the support order 9,606
or has any unpaid arrearages under the support order, issue an 9,607
order requiring the transmittal of the lump-sum payment to the 9,608
child support enforcement agency. 9,609
(ii) If the obligor is not in default under the support 9,611
order and does not have any unpaid arrearages under the support 9,612
order, issue an order directing the person who gave the notice to 9,613
the court to immediately pay the full amount of the lump-sum 9,614
payment to the obligor. 9,615
(b) Upon receipt of any moneys pursuant to division 9,617
(H)(3)(a) of this section, a child support enforcement agency 9,618
shall pay the amount of the lump-sum payment that is necessary to 9,619
discharge all of the obligor's arrearages to the obligee and, 9,620
within two business days after its receipt of the money, any 9,621
amount that is remaining after the payment of the arrearages to 9,622
the obligor. 9,623
(c) Any court that issued an order prior to December 1, 9,625
1986, requiring an employer to withhold an amount from an 9,626
obligor's personal earnings for the payment of support shall 9,627
issue a supplemental order that does not change the original 9,628
order or the related support order requiring the employer to do 9,629
all of the following: 9,630
(i) No later than the earlier of forty-five days before a 9,632
lump-sum payment is to be made or, if the obligor's right to a 9,633
lump-sum payment is determined less than forty-five days before 9,634
it is to be made, the date on which that determination is made, 9,635
notify the child support enforcement agency of any lump-sum 9,636
payment of any kind of five hundred dollars or more that is to be 9,637
paid to the obligor; 9,638
(ii) Hold the lump-sum payment for thirty days after the 9,640
238
date on which it would otherwise be paid to the obligor, if the 9,641
lump-sum payment is sick pay, a lump-sum payment of retirement 9,642
benefits or contributions, or profit-sharing payments or 9,643
distributions; 9,644
(iii) Upon order of the court, pay any specified amount of 9,646
the lump-sum payment to the child support enforcement agency. 9,647
(d) If an employer knowingly fails to notify the child 9,649
support enforcement agency in accordance with division (D) of 9,650
this section of any lump-sum payment to be made to an obligor, 9,651
the employer is liable for any support payment not made to the 9,652
obligee as a result of its knowing failure to give the notice as 9,653
required by that division. 9,654
(I)(1) Any support order, or modification of a support 9,656
order, that is subject to this section shall contain the date of 9,657
birth and social security number of the obligor. 9,658
(2) No withholding or deduction notice described in 9,660
division (D) or court order described in division (D)(6) or (7) 9,661
of this section shall contain any information other than the 9,662
information specifically required by division (A), (B), (C), or 9,663
(D) of this section or by any other section of the Revised Code 9,664
and any additional information that the issuing court determines 9,665
may be necessary to comply with the notice. 9,666
(J) No withholding or deduction notice described in 9,668
division (D) or court order described in division (D)(6) or (7) 9,669
of this section and issued under division (A), (B), or (C) of 9,670
this section or any other section of the Revised Code shall be 9,671
terminated solely because the obligor pays any part or all of the 9,673
arrearages under the support order.
(K)(1) Except as provided in division (K)(2) of this 9,675
section and section 2301.42 of the Revised Code and the rules 9,676
adopted pursuant to division (C) of that section, if child 9,677
support arrearages are owed by an obligor to the obligee and to 9,678
the department of human services, any payments received on the 9,679
arrearages by the child support enforcement agency first shall be 9,680
239
paid to the obligee until the arrearages owed to the obligee are
paid in full. 9,681
(2) Division (K)(1) of this section does not apply to the 9,683
collection of past-due child support from refunds of paid federal 9,684
taxes pursuant to section 5101.32 of the Revised Code or of 9,685
overdue child support from refunds of paid state income taxes 9,686
pursuant to sections 5101.321 and 5747.121 of the Revised Code. 9,687
(L)(1) Each court with jurisdiction to issue support 9,689
orders shall establish rules of court to ensure that the 9,690
following percentage of all actions to establish a support 9,691
requirement or to modify a previously issued support order be 9,692
completed within the following time limits: 9,693
(a) Ninety per cent of all of the actions shall be 9,695
completed within three months after they were initially filed; 9,696
(b) Ninety-eight per cent of all of the actions shall be 9,698
completed within six months after they were initially filed; 9,699
(c) One hundred per cent of all of the actions shall be 9,701
completed within twelve months after they were initially filed. 9,702
(2) If a case involves complex legal issues requiring full 9,704
judicial review, the court shall issue a temporary support order 9,705
within the time limits set forth in division (L)(1) of this 9,706
section, which temporary order shall be in effect until a final 9,707
support order is issued in the case. All cases in which the 9,708
imposition of a notice or order under division (D) of this 9,709
section is contested shall be completed within the period of time 9,710
specified by law for completion of the case. The failure of a 9,711
court to complete a case within the required period does not 9,712
affect the ability of any court to issue any order under this 9,713
section or any other section of the Revised Code for the payment 9,714
of support, does not provide any defense to any order for the 9,715
payment of support that is issued under this section or any other 9,716
section of the Revised Code, and does not affect any obligation 9,717
to pay support. 9,718
(3)(a) In any Title IV-D case, the judge, when necessary 9,720
240
to satisfy the federal requirement of expedited process for 9,721
obtaining and enforcing support orders, shall appoint referees to 9,722
make findings of fact and recommendations for the judge's 9,723
approval in the case. All referees appointed pursuant to this 9,724
division shall be attorneys admitted to the practice of law in 9,725
this state. If the court appoints a referee pursuant to this 9,726
division, the court may appoint any additional administrative and 9,727
support personnel for the referee. 9,728
(b) Any referee appointed pursuant to division (L)(3)(a) 9,730
of this section may perform any of the following functions: 9,731
(i) The taking of testimony and keeping of a record in the 9,733
case; 9,734
(ii) The evaluation of evidence and the issuance of 9,736
recommendations to establish, modify, and enforce support orders; 9,737
(iii) The acceptance of voluntary acknowledgments of 9,739
support liability and stipulated agreements setting the amount of 9,740
support to be paid; 9,741
(iv) The entering of default orders if the obligor does 9,743
not respond to notices in the case within a reasonable time after 9,744
the notices are issued; 9,745
(v) Any other functions considered necessary by the court. 9,747
(4) The child support enforcement agency may conduct 9,749
administrative reviews of support orders to obtain voluntary 9,750
notices or court orders under division (D) of this section and to 9,751
correct any errors in the amount of any arrearages owed by an 9,752
obligor. The obligor and the obligee shall be notified of the 9,753
time, date, and location of the administrative review at least 9,754
fourteen days before it is held. 9,755
(M)(1) The termination of a support obligation or a 9,757
support order does not abate the power of any court to collect 9,758
overdue and unpaid support or to punish any person for a failure 9,759
to comply with an order of the court or to pay any support as 9,760
ordered in the terminated support order and does not abate the 9,761
authority of a child support enforcement agency to issue, in 9,762
241
accordance with this section, any notice described in division 9,763
(D) of this section or of a court to issue, in accordance with 9,764
this section, any court order as described in division (D)(6) or 9,765
(7) of this section, to collect any support due or arrearage 9,766
under the support order. 9,767
(2) Any court that has the authority to issue a support 9,769
order shall have all powers necessary to enforce that support 9,770
order, and all other powers, set forth in this section. 9,771
(3) Except as provided in division (M)(4) of this section, 9,773
a court may not retroactively modify an obligor's duty to pay a 9,774
delinquent support payment. 9,775
(4) A court with jurisdiction over a support order may 9,777
modify an obligor's duty to pay a support payment that becomes 9,778
due after notice of a petition to modify the support order has 9,779
been given to each obligee and to the obligor before a final 9,780
order concerning the petition for modification is entered. 9,781
(N) If an obligor is in default under a support order and 9,783
has a claim against another person of more than one thousand 9,784
dollars, the obligor shall notify the child support enforcement 9,785
agency of the claim, the nature of the claim, and the name of the 9,786
person against whom the claim exists. If an obligor is in 9,787
default under a support order and has a claim against another 9,788
person or is a party in an action for any judgment, the child 9,789
support enforcement agency or the agency's attorney, on behalf of 9,790
the obligor, immediately shall file with the court in which the 9,791
action is pending a motion to intervene in the action or a 9,792
creditor's bill. The motion to intervene shall be prepared and 9,793
filed pursuant to Civil Rules 5 and 24(A) and (C). 9,794
Nothing in this division shall preclude an obligee from 9,796
filing a motion to intervene in any action or a creditor's bill. 9,797
(O) If an obligor is receiving unemployment compensation 9,799
benefits, an amount may be deducted from those benefits for 9,800
purposes of child support, in accordance with section 2301.371 9,801
and division (D)(4) of section 4141.28 of the Revised Code. Any 9,802
242
deduction from a source in accordance with those provisions is in 9,803
addition to, and does not preclude, any withholding or deduction 9,804
for purposes of support under divisions (A) to (N) of this 9,805
section. 9,806
(P) As used in this section, and in sections 3113.211 to 9,808
3113.217 of the Revised Code: 9,809
(1) "Financial institution" means a bank, savings and loan 9,811
association, or credit union, or a regulated investment company 9,812
or mutual fund in which a person who is required to pay child 9,813
support has funds on deposit that are not exempt under the law of 9,814
this state or the United States from execution, attachment, or 9,815
other legal process. 9,816
(2) "Title IV-D case" means any case in which the child 9,818
support enforcement agency is enforcing the child support order 9,819
pursuant to Title IV-D of the "Social Security Act," 88 Stat. 9,820
2351 (1975), 42 U.S.C. 651, as amended. 9,821
(3) "Child support enforcement agency" means the child 9,823
support enforcement agency designated pursuant to section 2301.35 9,824
of the Revised Code. 9,825
(4) "Obligor" means the person who is required to pay 9,827
support under a support order. 9,828
(5) "Obligee" means the person who is entitled to receive 9,830
the support payments under a support order. 9,831
(6) "Support order" means an order for the payment of 9,833
support and, for orders issued or modified on or after December 9,834
31, 1993, includes any notices described in division (D) or (H) 9,835
of this section that are issued in accordance with this section. 9,836
(7) "Support" means child support, spousal support, and 9,838
support for a spouse or former spouse. 9,839
(8) "Personal earnings" means compensation paid or payable 9,841
for personal services, however denominated, and includes, but is 9,842
not limited to, wages, salary, commissions, bonuses, draws 9,843
against commissions, profit sharing, and vacation pay. 9,844
(9) "Default" has the same meaning as in section 2301.34 9,846
243
of the Revised Code. 9,847
Sec. 3113.215. (A) As used in this section: 9,857
(1) "Income" means either of the following: 9,859
(a) For a parent who is employed to full capacity, the 9,861
gross income of the parent; 9,862
(b) For a parent who is unemployed or underemployed, the 9,864
sum of the gross income of the parent, and any potential income 9,865
of the parent. 9,866
(2) "Gross income" means, except as excluded in this 9,868
division, the total of all earned and unearned income from all 9,869
sources during a calendar year, whether or not the income is 9,870
taxable, and includes, but is not limited to, income from 9,871
salaries, wages, overtime pay and bonuses to the extent described 9,872
in division (B)(5)(d) of this section, commissions, royalties, 9,873
tips, rents, dividends, severance pay, pensions, interest, trust 9,874
income, annuities, social security benefits, workers' 9,875
compensation benefits, unemployment insurance benefits, 9,876
disability insurance benefits, benefits received by and in the 9,877
possession of the veteran who is the beneficiary for any 9,878
service-connected disability under a program or law administered 9,879
by the United States department of veterans' affairs or veterans' 9,880
administration, spousal support actually received from a person 9,881
not a party to the support proceeding for which actual gross 9,882
income is being determined, and all other sources of income; 9,883
income of members of any branch of the United States armed 9,884
services or national guard, including, but not limited to,
amounts representing base pay, basic allowance for quarters, 9,885
basic allowance for subsistence, supplemental subsistence 9,886
allowance, cost of living adjustment, specialty pay, variable 9,887
housing allowance, and pay for training or other types of 9,888
required drills; self-generated income; and potential cash flow 9,889
from any source. 9,890
"Gross income" does not include any benefits received from 9,892
means-tested public assistance programs, including, but not 9,893
244
limited to, aid to families with dependent children, supplemental 9,894
security income, food stamps, or disability assistance, does not 9,896
include any benefits for any service-connected disability under a 9,897
program or law administered by the United States department of 9,898
veterans' affairs or veterans' administration that have not been 9,899
distributed to the veteran who is the beneficiary of the benefits 9,900
and that are in the possession of the United States department of 9,901
veterans' affairs or veterans' administration, does not include 9,902
any child support received for children who were not born or 9,903
adopted during the marriage at issue, does not include amounts 9,904
paid for mandatory deductions from wages other than taxes, social 9,905
security, or retirement in lieu of social security, including, 9,906
but not limited to, union dues, and does not include nonrecurring 9,907
or unsustainable income or cash flow items. 9,908
(3) "Self-generated income" means gross receipts received 9,910
by a parent from self-employment, proprietorship of a business, 9,911
joint ownership of a partnership or closely held corporation, and 9,912
rents minus ordinary and necessary expenses incurred by the 9,913
parent in generating the gross receipts. "Self-generated income" 9,914
includes expense reimbursements or in-kind payments received by a 9,915
parent from self-employment, the operation of a business, or 9,916
rents, including, but not limited to, company cars, free housing, 9,917
reimbursed meals, and other benefits, if the reimbursements are 9,918
significant and reduce personal living expenses. 9,919
(4)(a) "Ordinary and necessary expenses incurred in 9,921
generating gross receipts" means actual cash items expended by 9,922
the parent or the parent's business and includes depreciation 9,924
expenses of replacement business equipment as shown on the books 9,925
of a business entity. 9,926
(b) Except as specifically included in "ordinary and 9,928
necessary expenses incurred in generating gross receipts" by 9,929
division (A)(4)(a) of this section, "ordinary and necessary 9,930
expenses incurred in generating gross receipts" does not include 9,931
depreciation expenses and other noncash items that are allowed as 9,932
245
deductions on any federal tax return of the parent or the 9,933
parent's business. 9,934
(5) "Potential income" means both of the following for a 9,936
parent that the court, or a child support enforcement agency 9,937
pursuant to sections 3111.20, 3111.21, and 3111.22 of the Revised 9,939
Code, determines is voluntarily unemployed or voluntarily
underemployed: 9,940
(a) Imputed income that the court or agency determines the 9,942
parent would have earned if fully employed as determined from the 9,943
parent's employment potential and probable earnings based on the 9,944
parent's recent work history, the parent's occupational 9,945
qualifications, and the prevailing job opportunities and salary 9,946
levels in the community in which the parent resides; 9,947
(b) Imputed income from any nonincome-producing assets of 9,949
a parent, as determined from the local passbook savings rate or 9,950
another appropriate rate as determined by the court or agency, 9,951
not to exceed the rate of interest specified in division (A) of 9,952
section 1343.03 of the Revised Code, if the income is 9,953
significant. 9,954
(6) "Child support order" means an order for the payment 9,956
of child support. 9,957
(7) "Combined gross income" means the combined gross 9,959
income of both parents. 9,960
(8) "Split parental rights PARENTING FUNCTIONS and 9,962
responsibilities" means a situation in which there is more than 9,964
one child who is the subject of an allocation of parental rights 9,965
and responsibilities PURSUANT TO FORMER SECTION 3109.04 OF THE 9,966
REVISED CODE OR AN ALLOCATION OF PARENTING FUNCTIONS AND 9,967
RESPONSIBILITIES PURSUANT TO SECTIONS 3109.40 TO 3109.62 OF THE 9,968
REVISED CODE and each parent is the residential parent and legal
custodian of FOR PURPOSES OF RECEIVING CHILD SUPPORT FOR at least 9,970
one of those children.
(9) "Schedule" means the basic child support schedule set 9,972
forth in division (D) of this section. 9,973
246
(10) "Worksheet" means the applicable worksheet that is 9,975
used to calculate a parent's child support obligation and that is 9,976
set forth in divisions (E) and (F) of this section. 9,977
(11) "Nonrecurring or unsustainable income or cash flow 9,979
item" means any income or cash flow item that the parent receives 9,980
in any year or for any number of years not to exceed three years 9,981
and that the parent does not expect to continue to receive on a 9,982
regular basis. "Nonrecurring or unsustainable income or cash 9,983
flow item" does not include a lottery prize award that is not 9,984
paid in a lump sum or any other item of income or cash flow that 9,985
the parent receives or expects to receive for each year for a 9,986
period of more than three years or that the parent receives and 9,987
invests or otherwise utilizes to produce income or cash flow for 9,988
a period of more than three years. 9,989
(12) "Extraordinary medical expenses" means any uninsured 9,991
medical expenses that are incurred for a child during a calendar 9,992
year and that exceed one hundred dollars for that child during 9,993
that calendar year. 9,994
(B)(1) In any action in which a child support order is 9,996
issued or modified under Chapter 3115. or section 2151.23, 9,997
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 9,998
3111.13, 3113.04, 3113.07, 3113.216, or 3113.31 of the Revised 9,999
Code, in any other proceeding in which the court determines the 10,000
amount of child support that will be ordered to be paid pursuant 10,001
to a child support order, or when a child support enforcement 10,002
agency determines the amount of child support that will be paid 10,003
pursuant to an administrative child support order issued pursuant 10,004
to sections 3111.20, 3111.21, and 3111.22 of the Revised Code, 10,005
the court or agency shall calculate the amount of the obligor's 10,006
child support obligation in accordance with the basic child 10,007
support schedule in division (D) of this section, the applicable 10,008
worksheet in division (E) or (F) of this section, and the other 10,009
provisions of this section, shall specify the support obligation 10,010
as a monthly amount due, and shall order the support obligation 10,011
247
to be paid in periodic increments as it determines to be in the 10,012
best interest of the children. In performing its duties under 10,013
this section, the court or agency is not required to accept any 10,014
calculations in a worksheet prepared by any party to the action 10,015
or proceeding. In any action or proceeding in which the court 10,016
determines the amount of child support that will be ordered to be 10,017
paid pursuant to a child support order or when a child support 10,018
enforcement agency determines the amount of child support that 10,019
will be paid pursuant to an administrative child support order 10,020
issued pursuant to sections 3111.20, 3111.21, and 3111.22 of the 10,021
Revised Code, the amount of child support that would be payable 10,022
under a child support order, as calculated pursuant to the basic 10,023
child support schedule in division (D) of this section and 10,024
pursuant to the applicable worksheet in division (E) of this 10,025
section, through line 24, or in division (F) of this section, 10,026
through line 23, is rebuttably presumed to be the correct amount 10,027
of child support due, and the court or agency shall order that 10,028
amount to be paid as child support unless both of the following 10,029
apply with respect to an order issued by a court: 10,030
(a) The court, after considering the factors and criteria 10,032
set forth in division (B)(3) of this section, determines that the 10,033
amount calculated pursuant to the basic child support schedule 10,034
and pursuant to the applicable worksheet in division (E) of this 10,035
section, through line 24, or in division (F) of this section, 10,036
through line 23, would be unjust or inappropriate and would not 10,037
be in the best interest of the child. 10,038
(b) The court enters in the journal the amount of child 10,040
support calculated pursuant to the basic child support schedule 10,041
and pursuant to the applicable worksheet in division (E) of this 10,042
section, through line 24, or in division (F) of this section, 10,043
through line 23, its determination that that amount would be 10,044
unjust or inappropriate and would not be in the best interest of 10,045
the child, and findings of fact supporting that determination. 10,046
(2) In determining the amount of child support to be paid 10,048
248
under any child support order, the court, upon its own 10,049
recommendation or upon the recommendation of the child support 10,050
enforcement agency, shall or the child support enforcement 10,051
agency, pursuant to sections 3111.20, 3111.21, and 3111.22 of the 10,053
Revised Code, shall do all of the following: 10,054
(a) If the combined gross income of both parents is less 10,056
than six thousand six hundred dollars per year, the court or 10,057
agency shall determine the amount of the obligor's child support 10,058
obligation on a case-by-case basis using the schedule as a 10,059
guideline. The court or agency shall review the obligor's gross 10,060
income and living expenses to determine the maximum amount of 10,061
child support that it reasonably can order without denying the 10,062
obligor the means for self-support at a minimum subsistence level 10,063
and shall order a specific amount of child support, unless the 10,064
obligor proves to the court or agency that the obligor is totally 10,065
unable to pay child support and the court or agency determines 10,066
that it would be unjust or inappropriate to order the payment of 10,067
child support and enters its determination and supporting 10,068
findings of fact in the journal. 10,069
(b) If the combined gross income of both parents is 10,071
greater than one hundred fifty thousand dollars per year, the 10,072
court or agency shall determine the amount of the obligor's child 10,073
support obligation on a case-by-case basis and shall consider the 10,074
needs and the standard of living of the children who are the 10,075
subject of the child support order and of the parents. When the 10,076
court or agency determines the amount of the obligor's child 10,077
support obligation for parents with a combined gross income 10,078
greater than one hundred fifty thousand dollars, the court or 10,079
agency shall compute a basic combined child support obligation 10,080
that is no less than the same percentage of the parents' combined 10,081
annual income that would have been computed under the basic child 10,082
support schedule and under the applicable worksheet in division 10,083
(E) of this section, through line 24, or in division (F) of this 10,084
section, through line 23, for a combined gross income of one 10,085
249
hundred fifty thousand dollars, unless the court or agency 10,086
determines that it would be unjust or inappropriate and would not 10,087
be in the best interest of the child, obligor, or obligee to 10,088
order that amount and enters in the journal the figure, 10,089
determination, and findings. 10,090
(c) The court shall not order an amount of child support 10,092
that deviates from the amount of child support that would 10,093
otherwise result from the use of the basic child support schedule 10,094
and the applicable worksheet in division (E) of this section, 10,095
through line 24, or in division (F) of this section, through line 10,096
23, unless both of the following apply: 10,097
(i) The court, after considering the factors and criteria 10,099
set forth in division (B)(3) of this section, determines that the 10,100
amount calculated pursuant to the basic child support schedule 10,101
and pursuant to the applicable worksheet in division (E) of this 10,102
section, through line 24, or in division (F) of this section, 10,103
through line 23, would be unjust or inappropriate and would not 10,104
be in the best interest of the child; 10,105
(ii) The court enters in the journal the amount of child 10,107
support calculated pursuant to the basic child support schedule 10,108
and pursuant to the applicable worksheet in division (E) of this 10,109
section, through line 24, or in division (F) of this section, 10,110
through line 23, its determination that that amount would be 10,111
unjust or inappropriate and would not be in the best interest of 10,112
the child, and findings of fact supporting that determination. 10,113
(3) The court, in accordance with divisions (B)(1) and 10,115
(2)(c) of this section, may deviate from the amount of support 10,116
that otherwise would result from the use of the schedule and the 10,117
applicable worksheet in division (E) of this section, through 10,118
line 24, or in division (F) of this section, through line 23, in 10,119
cases in which the application of the schedule and the applicable 10,120
worksheet in division (E) of this section, through line 24, or in 10,121
division (F) of this section, through line 23, would be unjust or 10,122
inappropriate and would not be in the best interest of the child. 10,123
250
In determining whether that amount would be unjust or 10,124
inappropriate and would not be in the best interest of the child, 10,125
the court may consider any of the following factors and criteria: 10,126
(a) Special and unusual needs of the children; 10,128
(b) Extraordinary obligations for minor children or 10,130
obligations for handicapped children who are not stepchildren and 10,131
who are not offspring from the marriage or relationship that is 10,132
the basis of the immediate child support determination; 10,133
(c) Other court-ordered payments; 10,135
(d) Extended times of visitation or extraordinary costs 10,137
associated with visitation, provided that this division does not 10,138
authorize and shall not be construed as authorizing any deviation 10,139
from the schedule and the applicable worksheet in division (E) of 10,140
this section, through line 24, or in division (F) of this 10,141
section, through line 23, or any escrowing, impoundment, or 10,142
withholding of child support because of a denial of or 10,143
interference with a right of companionship or visitation granted 10,144
by court order; EXTRAORDINARY CIRCUMSTANCES OF THE PARENTS, 10,145
INCLUDING, BUT NOT LIMITED TO: 10,146
(i) THE AMOUNT OF TIME THAT THE CHILDREN SPEND WITH EACH 10,148
PARENT;
(ii) THE ABILITY OF EACH PARENT TO MAINTAIN ADEQUATE 10,150
HOUSING FOR THE CHILDREN; 10,151
(iii) EACH PARENT'S EXPENSES, INCLUDING, BUT NOT LIMITED 10,153
TO, CHILD CARE EXPENSES, SCHOOL TUITION, MEDICAL EXPENSES, AND 10,154
DENTAL EXPENSES.
(e) The obligor obtains additional employment after a 10,156
child support order is issued in order to support a second 10,157
family; 10,158
(f) The financial resources and the earning ability of the 10,160
child; 10,161
(g) Disparity in income between parties or households; 10,163
(h) Benefits that either parent receives from remarriage 10,165
or sharing living expenses with another person; 10,166
251
(i) The amount of federal, state, and local taxes actually 10,168
paid or estimated to be paid by a parent or both of the parents; 10,169
(j) Significant in-kind contributions from a parent, 10,171
including, but not limited to, direct payment for lessons, sports 10,172
equipment, schooling, or clothing; 10,173
(k) The relative financial resources, other assets and 10,175
resources, and needs of each parent; 10,176
(l) The standard of living and circumstances of each 10,178
parent and the standard of living the child would have enjoyed 10,179
had the marriage continued or had the parents been married; 10,180
(m) The physical and emotional condition and needs of the 10,182
child; 10,183
(n) The need and capacity of the child for an education 10,185
and the educational opportunities that would have been available 10,186
to the child had the circumstances requiring a court order for 10,187
support not arisen; 10,188
(o) The responsibility of each parent for the support of 10,190
others; 10,191
(p) Any other relevant factor. 10,193
The court may accept an agreement of the parents that 10,195
assigns a monetary value to any of the factors and criteria 10,196
listed in division (B)(3) of this section that are applicable to 10,197
their situation. 10,198
(4) If an obligor or obligee under a child support order 10,200
requests the court to modify the amount of support required to be 10,201
paid pursuant to the child support order, the court shall 10,202
recalculate the amount of support that would be required to be 10,203
paid under the support order in accordance with the schedule and 10,204
pursuant to the applicable worksheet in division (E) of this 10,205
section, through line 24, or in division (F) of this section, 10,206
through line 23, and if that amount as recalculated is more than 10,207
ten per cent greater than or more than ten per cent less than the 10,208
amount of child support that is required to be paid pursuant to 10,209
the existing child support order, the deviation from the 10,210
252
recalculated amount that would be required to be paid under the 10,211
schedule and the applicable worksheet in division (E) of this 10,212
section, through line 24, or in division (F) of this section, 10,213
through line 23, shall be considered by the court as a change of 10,214
circumstance that is substantial enough to require a modification 10,215
of the amount of the child support order. In determining 10,216
pursuant to this division the recalculated amount of support that 10,217
would be required to be paid under the support order for purposes 10,218
of determining whether that recalculated amount is more than ten 10,219
per cent greater than or more than ten per cent less than the 10,220
amount of child support that is required to be paid pursuant to 10,221
the existing child support order, the court shall consider, in 10,222
addition to all other factors required by law to be considered, 10,223
the cost of health insurance which the obligor, the obligee, or 10,224
both the obligor and the obligee have been ordered to obtain for 10,225
the children specified in the order. Additionally, if an obligor 10,226
or obligee under a child support order requests the court to 10,227
modify the amount of support required to be paid pursuant to the 10,228
child support order and if the court determines that the amount 10,229
of support does not adequately meet the medical needs of the 10,230
child, the inadequate coverage shall be considered by the court 10,231
as a change of circumstance that is substantial enough to require 10,232
a modification of the amount of the child support order. If the 10,233
court determines that the amount of child support required to be 10,234
paid under the child support order should be changed due to a 10,235
substantial change of circumstances that was not contemplated at 10,236
the time of the issuance of the original child support order or 10,237
the last modification of the child support order, the court shall 10,238
modify the amount of child support required to be paid under the 10,239
child support order to comply with the schedule and the 10,240
applicable worksheet in division (E) of this section, through 10,241
line 24, or in division (F) of this section, through line 23, 10,242
unless the court determines that the amount calculated pursuant 10,243
to the basic child support schedule and pursuant to the 10,244
253
applicable worksheet in division (E) of this section, through 10,245
line 24, or in division (F) of this section, through line 23, 10,246
would be unjust or inappropriate and would not be in the best 10,247
interest of the child and enters in the journal the figure, 10,248
determination, and findings specified in division (B)(2)(c) of 10,249
this section. 10,250
(5) When a court computes the amount of child support 10,252
required to be paid under a child support order or a child 10,253
support enforcement agency computes the amount of child support 10,254
to be paid pursuant to an administrative child support order 10,255
issued pursuant to section 3111.20, 3111.21, or 3111.22 of the 10,256
Revised Code, all of the following apply: 10,258
(a) The parents shall verify current and past income and 10,260
personal earnings with suitable documents, including, but not 10,261
limited to, paystubs, employer statements, receipts and expense 10,262
vouchers related to self-generated income, tax returns, and all 10,263
supporting documentation and schedules for the tax returns. 10,264
(b) The amount of any pre-existing child support 10,266
obligation of a parent under a child support order and the amount 10,267
of any court-ordered spousal support paid to a former spouse 10,268
shall be deducted from the gross income of that parent to the 10,269
extent that payment under the child support order or that payment 10,270
of the court-ordered spousal support is verified by supporting 10,271
documentation. 10,272
(c) If other minor children who were born to the parent 10,275
and a person other than the other parent who is involved in the 10,277
immediate child support determination live with the parent, the 10,278
court or agency shall deduct an amount from that parent's gross 10,279
income that equals the number of such minor children times the 10,280
federal income tax exemption for such children less child support 10,281
received for them for the year, not exceeding the federal income 10,282
tax exemption. 10,283
(d) When the court or agency calculates the gross income 10,285
of a parent, it shall include the lesser of the following as 10,286
254
income from overtime and bonuses: 10,287
(i) The yearly average of all overtime and bonuses 10,289
received during the three years immediately prior to the time 10,290
when the person's child support obligation is being computed; 10,291
(ii) The total overtime and bonuses received during the 10,293
year immediately prior to the time when the person's child 10,294
support obligation is being computed. 10,295
(e) When the court or agency calculates the gross income 10,297
of a parent, it shall not include any income earned by the spouse 10,298
of that parent. 10,299
(f) The court shall not order an amount of child support 10,302
for reasonable and ordinary uninsured medical or dental expenses 10,303
in addition to the amount of the child support obligation 10,304
determined in accordance with the schedule. The court shall 10,305
issue a separate order for extraordinary medical or dental 10,306
expenses, including, but not limited to, orthodontia,
psychological, appropriate private education, and other expenses, 10,307
and may consider the expenses in adjusting a child support order. 10,308
(g) When a court or agency calculates the amount of child 10,310
support to be paid pursuant to a child support order or an 10,311
administrative child support order, if the combined gross income 10,312
of both parents is an amount that is between two amounts set 10,313
forth in the first column of the schedule, the court or agency 10,314
may use the basic child support obligation that corresponds to 10,315
the higher of the two amounts in the first column of the 10,316
schedule, use the basic child support obligation that corresponds 10,317
to the lower of the two amounts in the first column of the 10,318
schedule, or calculate a basic child support obligation that is 10,319
between those two amounts and corresponds proportionally to the 10,320
parents' actual combined gross income. 10,321
(h) When the court or agency calculates gross income, the 10,323
court or agency, when appropriate, may average income over a 10,324
reasonable period of years. 10,325
(6)(a) If the court issues a shared parenting order in 10,327
255
accordance with section 3109.04 of the Revised Code, the court 10,328
shall order an amount of child support to be paid under the child 10,329
support order that is calculated in accordance with the schedule 10,330
and with the worksheet set forth in division (E) of this section, 10,331
through line 24, except that, if the application of the schedule 10,332
and the worksheet, through line 24, would be unjust or 10,333
inappropriate to the children or either parent and would not be 10,334
in the best interest of the child because of the extraordinary 10,335
circumstances of the parents or because of any other factors or 10,336
criteria set forth in division (B)(3) of this section, the court 10,337
may deviate from the amount of child support that would be 10,338
ordered in accordance with the schedule and worksheet, through 10,339
line 24, shall consider those extraordinary circumstances and 10,340
other factors or criteria if it deviates from that amount, and 10,341
shall enter in the journal the amount of child support calculated 10,342
pursuant to the basic child support schedule and pursuant to the 10,343
applicable worksheet, through line 24, its determination that 10,344
that amount would be unjust or inappropriate and would not be in 10,345
the best interest of the child, and findings of fact supporting 10,346
that determination. 10,347
(b) For the purposes of this division, "extraordinary 10,349
circumstances of the parents" includes, but is not limited to, 10,350
all of the following: 10,351
(i) The amount of time that the children spend with each 10,353
parent; 10,354
(ii) The ability of each parent to maintain adequate 10,356
housing for the children; 10,357
(iii) Each parent's expenses, including, but not limited 10,359
to, child care expenses, school tuition, medical expenses, and 10,360
dental expenses. 10,361
(7)(a) In any action in which a child support order is 10,363
issued or modified under Chapter 3115. or section 2151.23, 10,364
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 10,365
3111.13, 3113.04, or 3113.31 of the Revised Code or in any other 10,367
256
proceeding in which the court determines the amount of child 10,368
support that will be ordered to be paid pursuant to a child 10,369
support order and except as otherwise provided in this division, 10,370
the court shall issue a minimum support order requiring the 10,371
obligor to pay a minimum amount of fifty dollars a month for 10,372
child support under the child support order. The court, in its 10,373
discretion and in appropriate circumstances, may issue a minimum 10,374
support order requiring the obligor to pay an amount of child 10,375
support that is less than fifty dollars a month or not requiring 10,376
the obligor to pay an amount for support. The appropriate 10,377
circumstances for which a court may issue a minimum support order 10,378
requiring an obligor to pay an amount of child support that is 10,379
less than fifty dollars a month or not requiring the obligor to 10,380
pay an amount for support include, but are not limited to, the 10,381
nonresidential parent's OBLIGOR'S medically verified or 10,382
documented physical or mental disability or institutionalization 10,384
in a facility for persons with a mental illness. If the court 10,385
issues a minimum support order pursuant to this division and the 10,386
obligor under the support order is the recipient of need-based 10,387
public assistance, any unpaid amounts of support due under the 10,388
support order shall accrue as arrearages from month to month, the 10,389
obligor's current obligation to pay the support due under the 10,390
support order is suspended during any period of time that the 10,391
obligor is receiving need-based public assistance and is 10,392
complying with any seek work orders issued pursuant to division 10,393
(D)(7) of section 3113.21 of the Revised Code, and the court, 10,394
obligee, and child support enforcement agency shall not enforce 10,395
the obligation of the obligor to pay the amount of support due 10,396
under the support order during any period of time that the 10,397
obligor is receiving need-based public assistance and is 10,398
complying with any seek work orders issued pursuant to division 10,399
(D)(7) of section 3113.21 of the Revised Code. 10,400
(b) Notwithstanding division (B)(7)(6)(a) of this section, 10,402
if the amount of support payments that federal law requires or 10,403
257
permits to be disregarded in determining eligibility for aid 10,404
under Chapter 5107. of the Revised Code exceeds fifty dollars, 10,405
instead of fifty dollars the amount of a minimum support order 10,406
described in division (B)(7)(6)(a) of this section shall be the 10,408
amount federal law requires or permits to be disregarded. 10,409
(C) Except when the parents have split parental rights 10,411
PARENTING FUNCTIONS and responsibilities, a parent's child 10,413
support obligation for a child for whom the parent is the 10,414
residential parent and legal custodian FOR PURPOSES OF CHILD 10,415
SUPPORT shall be presumed to be spent on that child and shall not 10,416
become part of a child support order, and a parent's child 10,417
support obligation for a child for whom the parent is not the 10,418
residential parent and legal custodian FOR PURPOSES OF CHILD 10,419
SUPPORT shall become part of a child support order. If the 10,421
parents have split parental rights PARENTING FUNCTIONS and 10,422
responsibilities, the child support obligations of the parents 10,423
shall be offset, and the court shall issue a child support order 10,424
requiring the parent with the larger child support obligation to 10,425
pay the net amount pursuant to the child support order. If 10,426
neither parent of a child who is the subject of a child support 10,427
order is the residential parent and legal custodian of the child 10,428
and the child resides with a third party who is the legal 10,429
custodian of the child PURSUANT TO AN ORDER ISSUED UNDER FORMER 10,430
SECTION 3109.04 OR DIVISION (A)(3) OF SECTION 3109.49 OF THE 10,431
REVISED CODE, the court shall issue a child support order 10,433
requiring each parent THE PARENTS to pay that parent's child 10,434
support obligation pursuant to the child support order. 10,436
Whenever a court issues a child support order, it shall 10,438
include in the order specific provisions for regular, holiday, 10,439
vacation, and special visitation in accordance with section 10,440
3109.05, 3109.11, or 3109.12 of the Revised Code or in accordance 10,441
with any other applicable section of the Revised Code. The court 10,442
shall not authorize or permit the escrowing, impoundment, or 10,443
withholding of any child support payment because of a denial of 10,444
258
or interference with a right of visitation included as a specific 10,445
provision of the child support order or GRANTED PURSUANT TO 10,446
FORMER SECTION 3109.051 OR 3109.12 OR SECTION 3109.59, 3109.60, 10,447
OR 3109.61 OF THE REVISED CODE as a method of enforcing the 10,449
specific provisions of the child support order dealing with
visitation. 10,450
(D)(1) Except as provided in divisions (D)(2) and (3) of 10,452
this section, the THE following basic child support schedule 10,453
shall be used by all courts and child support enforcement 10,455
agencies when calculating the amount of child support that will 10,456
be paid pursuant to a child support order or an administrative 10,457
child support order, unless the combined gross income of the 10,458
parents is less than sixty-six hundred dollars or more than one 10,459
hundred fifty thousand dollars: 10,460
Basic Child Support Schedule 10,461
Combined 10,463
Gross Number of Children 10,465
INCOME One Two Three Four Five Six 10,468
6600 600 600 600 600 600 600 10,469
7200 600 600 600 600 600 600 10,470
7800 600 600 600 600 600 600 10,471
8400 600 600 600 600 600 600 10,472
9000 849 859 868 878 887 896 10,473
9600 1259 1273 1287 1301 1315 1329 10,474
10200 1669 1687 1706 1724 1743 1761 10,475
10800 2076 2099 2122 2145 2168 2192 10,476
11400 2331 2505 2533 2560 2588 2616 10,477
12000 2439 2911 2943 2975 3007 3039 10,478
12600 2546 3318 3354 3390 3427 3463 10,479
13200 2654 3724 3765 3806 3846 3887 10,480
13800 2761 4029 4175 4221 4266 4311 10,481
14400 2869 4186 4586 4636 4685 4735 10,482
15000 2976 4342 4996 5051 5105 5159 10,483
15600 3079 4491 5321 5466 5524 5583 10,484
259
16200 3179 4635 5490 5877 5940 6003 10,485
16800 3278 4780 5660 6254 6355 6423 10,486
17400 3378 4924 5830 6442 6771 6843 10,487
18000 3478 5069 5999 6629 7186 7262 10,488
18600 3578 5213 6169 6816 7389 7682 10,489
19200 3678 5358 6339 7004 7592 8102 10,490
19800 3778 5502 6508 7191 7796 8341 10,491
20400 3878 5647 6678 7378 7999 8558 10,492
21000 3977 5790 6847 7565 8201 8774 10,493
21600 4076 5933 7015 7750 8402 8989 10,494
22200 4176 6075 7182 7936 8602 9204 10,495
22800 4275 6216 7345 8116 8798 9413 10,496
23400 4373 6357 7509 8297 8994 9623 10,497
24000 4471 6498 7672 8478 9190 9832 10,498
24600 4570 6639 7836 8658 9386 10042 10,499
25200 4668 6780 8000 8839 9582 10251 10,500
25800 4767 6920 8163 9020 9778 10461 10,501
26400 4865 7061 8327 9200 9974 10670 10,502
27000 4963 7202 8490 9381 10170 10880 10,503
27600 5054 7332 8642 9548 10351 11074 10,504
28200 5135 7448 8776 9697 10512 11246 10,505
28800 5216 7564 8911 9845 10673 11418 10,506
29400 5297 7678 9045 9995 10833 11592 10,507
30000 5377 7792 9179 10143 10994 11764 10,508
30600 5456 7907 9313 10291 11154 11936 10,509
31200 5535 8022 9447 10439 11315 12107 10,510
31800 5615 8136 9581 10587 11476 12279 10,511
32400 5694 8251 9715 10736 11636 12451 10,512
33000 5774 8366 9849 10884 11797 12623 10,513
33600 5853 8480 9983 11032 11957 12794 10,514
34200 5933 8595 10117 11180 12118 12966 10,515
34800 6012 8709 10251 11328 12279 13138 10,516
35400 6091 8824 10385 11476 12439 13310 10,517
36000 6171 8939 10519 11624 12600 13482 10,518
260
36600 6250 9053 10653 11772 12761 13653 10,519
37200 6330 9168 10787 11920 12921 13825 10,520
37800 6406 9275 10913 12058 13071 13988 10,521
38400 6447 9335 10984 12137 13156 14079 10,522
39000 6489 9395 11055 12215 13242 14170 10,523
39600 6530 9455 11126 12294 13328 14261 10,524
40200 6571 9515 11197 12373 13413 14353 10,525
40800 6613 9575 11268 12451 13499 14444 10,526
41400 6653 9634 11338 12529 13583 14534 10,527
42000 6694 9693 11409 12607 13667 14624 10,528
42600 6735 9752 11479 12684 13752 14714 10,529
43200 6776 9811 11549 12762 13836 14804 10,530
43800 6817 9871 11619 12840 13921 14894 10,531
44400 6857 9930 11690 12917 14005 14985 10,532
45000 6898 9989 11760 12995 14090 15075 10,533
45600 6939 10049 11830 13073 14174 15165 10,534
46200 6978 10103 11897 13146 14251 15250 10,535
46800 7013 10150 11949 13203 14313 15316 10,536
47400 7048 10197 12000 13260 14375 15382 10,537
48000 7083 10245 12052 13317 14437 15448 10,538
48600 7117 10292 12103 13374 14498 15514 10,539
49200 7152 10339 12155 13432 14560 15580 10,540
49800 7187 10386 12206 13489 14622 15646 10,541
50400 7222 10433 12258 13546 14684 15712 10,542
51000 7257 10481 12309 13603 14745 15778 10,543
51600 7291 10528 12360 13660 14807 15844 10,544
52200 7326 10575 12412 13717 14869 15910 10,545
52800 7361 10622 12463 13774 14931 15976 10,546
53400 7396 10669 12515 13832 14992 16042 10,547
54000 7431 10717 12566 13889 15054 16108 10,548
54600 7468 10765 12622 13946 15120 16178 10,549
55200 7524 10845 12716 14050 15232 16298 10,550
55800 7582 10929 12814 14159 15350 16425 10,551
56400 7643 11016 12918 14273 15474 16558 10,552
261
57000 7704 11104 13021 14388 15598 16691 10,553
57600 7765 11192 13125 14502 15722 16824 10,554
58200 7825 11277 13225 14613 15842 16953 10,555
58800 7883 11361 13324 14723 15961 17079 10,556
59400 7941 11445 13423 14832 16079 17206 10,557
60000 8000 11529 13522 14941 16197 17333 10,558
60600 8058 11612 13620 15050 16315 17460 10,559
61200 8116 11696 13719 15160 16433 17587 10,560
61800 8175 11780 13818 15269 16552 17714 10,561
62400 8233 11864 13917 15378 16670 17840 10,562
63000 8288 11945 14011 15481 16783 17958 10,563
63600 8344 12024 14102 15582 16893 18075 10,564
64200 8399 12103 14194 15683 17002 18193 10,565
64800 8454 12183 14285 15784 17111 18310 10,566
65400 8510 12262 14376 15885 17220 18427 10,567
66000 8565 12341 14468 15986 17330 18544 10,568
66600 8620 12421 14559 16087 17439 18661 10,569
67200 8676 12500 14650 16188 17548 18778 10,570
67800 8731 12579 14741 16289 17657 18895 10,571
68400 8786 12659 14833 16390 17767 19012 10,572
69000 8842 12738 14924 16491 17876 19129 10,573
69600 8897 12817 15015 16592 17985 19246 10,574
70200 8953 12897 15107 16693 18094 19363 10,575
70800 9008 12974 15196 16791 18201 19476 10,576
71400 9060 13047 15281 16885 18302 19585 10,577
72000 9111 13120 15366 16979 18404 19694 10,578
72600 9163 13194 15451 17073 18506 19803 10,579
73200 9214 13267 15536 17167 18608 19912 10,580
73800 9266 13340 15621 17261 18709 20021 10,581
74400 9318 13413 15706 17355 18811 20130 10,582
75000 9369 13487 15791 17449 18913 20239 10,583
75600 9421 13560 15876 17543 19015 20347 10,584
76200 9473 13633 15961 17636 19116 20456 10,585
76800 9524 13707 16046 17730 19218 20565 10,586
262
77400 9576 13780 16131 17824 19320 20674 10,587
78000 9627 13853 16216 17918 19422 20783 10,588
78600 9679 13927 16300 18012 19523 20892 10,589
79200 9731 14000 16385 18106 19625 21001 10,590
79800 9782 14073 16470 18200 19727 21109 10,591
80400 9834 14147 16555 18294 19829 21218 10,592
81000 9885 14220 16640 18387 19930 21326 10,593
81600 9936 14292 16723 18480 20030 21434 10,594
82200 9987 14364 16807 18573 20131 21541 10,595
82800 10038 14439 16891 18665 20235 21651 10,596
83400 10090 14514 16979 18762 20340 21763 10,597
84000 10142 14589 17066 18859 20444 21875 10,598
84600 10194 14663 17154 18956 20549 21987 10,599
85200 10246 14738 17241 19052 20653 22099 10,600
85800 10298 14813 17329 19149 20758 22211 10,601
86400 10350 14887 17417 19246 20863 22323 10,602
87000 10403 14962 17504 19343 20967 22435 10,603
87600 10455 15037 17592 19440 21072 22547 10,604
88200 10507 15111 17679 19537 21176 22659 10,605
88800 10559 15186 17767 19633 21281 22771 10,606
89400 10611 15261 17855 19730 21386 22883 10,607
90000 10663 15335 17942 19827 21490 22995 10,608
90600 10715 15410 18030 19924 21595 23107 10,609
91200 10767 15485 18118 20021 21700 23219 10,610
91800 10819 15559 18205 20118 21804 23331 10,611
92400 10872 15634 18293 20215 21909 23443 10,612
93000 10924 15709 18380 20311 22013 23555 10,613
93600 10976 15783 18468 20408 22118 23667 10,614
94200 11028 15858 18556 20505 22223 23779 10,615
94800 11080 15933 18643 20602 22327 23891 10,616
95400 11132 16007 18731 20699 22432 24003 10,617
96000 11184 16082 18818 20796 22536 24115 10,618
96600 11236 16157 18906 20892 22641 24227 10,619
97200 11289 16231 18994 20989 22746 24339 10,620
263
97800 11341 16306 19081 21086 22850 24451 10,621
98400 11393 16381 19169 21183 22955 24563 10,622
99000 11446 16450 19255 21279 23062 24676 10,623
99600 11491 16516 19334 21366 23156 24777 10,624
100200 11536 16583 19413 21453 23250 24878 10,625
100800 11581 16649 19491 21539 23345 24978 10,626
101400 11625 16714 19569 21625 23437 25077 10,627
102000 11670 16779 19646 21710 23530 25177 10,628
102600 11714 16844 19724 21796 23623 25276 10,629
103200 11759 16909 19801 21881 23715 25375 10,630
103800 11803 16974 19879 21967 23808 25475 10,631
104400 11847 17039 19956 22052 23901 25574 10,632
105000 11892 17104 20034 22138 23994 25673 10,633
105600 11934 17167 20108 22220 24083 25769 10,634
106200 11979 17232 20186 22305 24176 25868 10,635
106800 12023 17297 20263 22391 24269 25968 10,636
107400 12068 17362 20341 22476 24361 26067 10,637
108000 12110 17425 20415 22559 24451 26162 10,638
108600 12155 17490 20493 22644 24543 26262 10,639
109200 12199 17555 20570 22730 24636 26361 10,640
109800 12243 17620 20648 22815 24729 26460 10,641
110400 12286 17683 20722 22897 24818 26556 10,642
111000 12331 17748 20800 22983 24911 26655 10,643
111600 12375 17813 20877 23068 25004 26755 10,644
112200 12419 17878 20955 23154 25096 26854 10,645
112800 12462 17941 21029 23236 25186 26949 10,646
113400 12506 18006 21107 23322 25278 27049 10,647
114000 12551 18071 21184 23407 25371 27148 10,648
114600 12595 18136 21262 23493 25464 27247 10,649
115200 12640 18202 21339 23578 25557 27347 10,650
115800 12682 18264 21414 23660 25646 27442 10,651
116400 12727 18329 21491 23746 25739 27542 10,652
117000 12771 18394 21569 23831 25832 27641 10,653
117600 12815 18460 21646 23917 25924 27740 10,654
264
118200 12858 18522 21721 23999 26013 27836 10,655
118800 12902 18587 21798 24084 26106 27935 10,656
119400 12947 18652 21876 24170 26199 28034 10,657
120000 12991 18718 21953 24256 26292 28134 10,658
120600 13034 18780 22028 24338 26381 28229 10,659
121200 13078 18845 22105 24423 26474 28329 10,660
121800 13123 18910 22183 24509 26567 28428 10,661
122400 13167 18976 22260 24594 26659 28527 10,662
123000 13210 19038 22335 24676 26749 28623 10,663
123600 13254 19103 22412 24762 26841 28722 10,664
124200 13299 19168 22490 24847 26934 28821 10,665
124800 13343 19234 22567 24933 27027 28921 10,666
125400 13386 19296 22642 25015 27116 29016 10,667
126000 13430 19361 22719 25101 27209 29115 10,668
126600 13474 19426 22797 25186 27302 29215 10,669
127200 13519 19492 22874 25272 27395 29314 10,670
127800 13561 19554 22949 25354 27484 29410 10,671
128400 13606 19619 23026 25439 27576 29509 10,672
129000 13650 19684 23104 25525 27669 29608 10,673
129600 13695 19750 23181 25610 27762 29708 10,674
130200 13739 19815 23259 25696 27855 29807 10,675
130800 13783 19879 23335 25780 27946 29905 10,676
131400 13828 19945 23414 25868 28041 30007 10,677
132000 13874 20012 23494 25955 28136 30108 10,678
132600 13919 20079 23573 26043 28231 30210 10,679
133200 13963 20143 23649 26127 28323 30308 10,680
133800 14008 20210 23729 26215 28418 30410 10,681
134400 14054 20276 23808 26302 28513 30511 10,682
135000 14099 20343 23887 26390 28608 30613 10,683
135600 14143 20407 23964 26474 28699 30711 10,684
136200 14188 20474 24043 26561 28794 30813 10,685
136800 14234 20541 24123 26649 28889 30914 10,686
137400 14279 20607 24202 26737 28984 31016 10,687
138000 14323 20671 24278 26821 29075 31114 10,688
265
138600 14368 20738 24358 26908 29170 31215 10,689
139200 14414 20805 24437 26996 29265 31317 10,690
139800 14459 20872 24516 27083 29361 31419 10,691
140400 14503 20936 24593 27168 29452 31517 10,692
141000 14549 21002 24672 27255 29547 31618 10,693
141600 14594 21069 24751 27343 29642 31720 10,694
142200 14639 21136 24831 27430 29737 31822 10,695
142800 14683 21200 24907 27515 29828 31920 10,696
143400 14729 21267 24986 27602 29923 32021 10,697
144000 14774 21333 25066 27690 30018 32123 10,698
144600 14820 21400 25145 27777 30113 32225 10,699
145200 14865 21467 25225 27865 30208 32327 10,700
145800 14909 21531 25301 27949 30300 32424 10,701
146400 14963 21596 25377 28041 30396 32526 10,702
147000 15006 21659 25452 28124 30486 32622 10,703
147600 15049 21722 25527 28207 30576 32718 10,704
148200 15090 21782 25599 28286 30662 32810 10,705
148800 15133 21845 25674 28369 30752 32907 10,706
149400 15176 21908 25749 28452 30842 33003 10,707
150000 15218 21971 25823 28534 30931 33099 10,708
(2) Until July 1, 1994, or a later date specified pursuant 10,711
to division (D)(3) of this section, the following basic child 10,712
support schedule shall be used by all courts and child support 10,713
enforcement agencies to calculate the amount of child support 10,714
that will be paid pursuant to a child support order or an 10,715
administrative child support order when combined gross income is 10,716
at least six thousand dollars but not more than twenty-one 10,717
thousand six hundred dollars: 10,718
Basic Child Support Schedule 10,719
Gross Number of Children 10,721
Income One Two Three Four Five Six 10,724
6000 240 372 468 528 576 612 10,725
7200 1068 1308 1428 1608 1656 1692 10,726
8400 1884 2244 2388 2688 2736 2784 10,727
266
9600 2052 3180 3348 3768 3816 3876 10,728
10800 2208 3432 4308 4848 4896 4968 10,729
12000 2439 3684 4620 5208 5676 6060 10,730
13200 2654 3924 4920 5556 6048 6456 10,731
14400 2869 4186 5208 5880 6408 6840 10,732
15600 3079 4491 5508 6204 6756 7224 10,733
16800 3278 4780 5796 6528 7116 7608 10,734
18000 3478 5069 6072 6840 7464 7980 10,735
19200 3678 5358 6339 7140 7788 8352 10,736
20400 3878 5647 6678 7440 8112 8688 10,737
21600 4078 5935 7018 7755 8448 9036 10,738
(3) The office of budget and management and the department 10,741
of human services shall conduct a study of the impact on the 10,742
general revenue fund of implementing the basic child support 10,743
schedule in division (D)(1) of this section for combined gross 10,744
incomes of at least six thousand dollars but not more than 10,745
twenty-one thousand six hundred dollars. If, prior to July 1, 10,746
1994, the department and the office conclude from the study that 10,747
implementing the basic child support schedule in division (D)(1) 10,748
of this section for those incomes will have a negative impact on 10,749
the general revenue fund, the department shall inform the 10,750
controlling board of the impact and recommend to the board 10,751
continued use of the schedule in division (D)(2) until a date 10,752
which the department shall specify. On receipt of the 10,753
department's recommendation, the board shall specify a date for 10,754
discontinuance of the schedule in division (D)(2), which may be 10,755
the date recommended by the department or any other date 10,756
considered appropriate by the board. On the date specified by 10,757
the board, the schedule in division (D)(2) shall cease to be used 10,758
and child support shall be calculated pursuant to the schedule in 10,759
division (D)(1) of this section. 10,760
(E) When a court or child support enforcement agency 10,762
calculates the amount of child support that will be required to 10,763
be paid pursuant to a child support order or an administrative 10,764
267
child support order in a proceeding in which one parent is the 10,765
residential parent and legal custodian of FOR PURPOSES OF 10,766
RECEIVING CHILD SUPPORT FOR all of the children who are the 10,768
subject of the child support order or the court issues a shared 10,769
parenting order, the court or child support enforcement agency 10,770
shall use a worksheet that is identical in content and form to 10,771
the following worksheet:
"Worksheet 10,772
............... County Domestic Relations Court (or) 10,773
............... County Child Support Enforcement Agency 10,774
Child Support Computation 10,775
Sole Residential Parent or 10,776
Shared Parenting Order FOR PURPOSES 10,777
OF RECEIVING CHILD SUPPORT 10,778
Name of parties ................................................. 10,780
Case No. .......... 10,782
Number of minor children ...... The following parent was 10,784
designated as the residential parent and legal custodian 10,785
(disregard if shared parenting order) FOR PURPOSES OF RECEIVING 10,786
CHILD SUPPORT: 10,787
............. mother; ............ father. 10,789
Father has ..... pay periods annually; mother has ..... pay 10,791
periods annually. 10,792
Column I Column II Column III 10,794
Father Mother Combined
1a. Annual gross income from 10,797
employment or, when
determined appropriate by 10,798
the court or agency,
average annual gross income
from employment over a
reasonable period of years 10,799
(exclude overtime and
bonuses)................... $...... $...... 10,801
268
b. Amount of overtime and 10,802
bonuses Father Mother 10,803
Yr. 3 10,804
(Three years ago) $...... $...... 10,806
Yr. 2 10,807
(Two years ago) $...... $...... 10,809
Yr. 1 10,810
(Last calendar year) $...... $...... 10,812
Average: $...... $...... 10,814
(Include in Column I and/or 10,815
Column II the average of
the three years or the year 10,816
1 amount, whichever is
less, if there exists a
reasonable expectation that 10,817
the total earnings from
overtime and/or bonuses
during the current calendar 10,818
year will meet or exceed
the amount that is the
lower of the average of the 10,819
three years or the year 1
amount. If, however, there
exists a reasonable 10,820
expectation that the total
earnings from
overtime/bonuses during the 10,821
current calendar year will
be less than the lower of
the average of the three 10,822
years or the year 1 amount,
include only the amount
reasonably expected to be 10,823
earned this year.)......... $...... $...... 10,824
269
2. Annual income from interest 10,825
and dividends (whether or
not taxable)............... $...... $...... 10,827
3. Annual income from 10,828
unemployment compensation.. $...... $...... 10,829
4. Annual income from workers' 10,830
compensation or disability
insurance benefits......... $...... $...... 10,832
5. Other annual income 10,833
(identify)................. $...... $...... 10,834
6. Total annual gross income 10,835
(add lines 1-5)............ $...... $...... 10,836
7. Annual court-ordered support 10,837
paid for other children.... $...... $...... 10,838
8. Adjustment for minor 10,839
children born to either
parent and another parent, 10,840
which children are living
with this parent (number of
children times federal 10,841
income tax exemption less
child support received for
the year, not to exceed the 10,842
federal tax exemption)..... $...... $...... 10,843
9. Annual court-ordered spousal 10,844
support paid to a former
spouse..................... $...... $...... 10,846
10. Amount of local income taxes 10,847
actually paid or estimated
to be paid................. $...... $...... 10,849
11. For self-employed 10,850
individuals, deduct 5.6% of
adjusted gross income or 10,851
the actual marginal
270
difference between the
actual rate paid by the
self-employed individual 10,852
and the F.I.C.A. rate...... $...... $...... 10,853
12. For self-employed 10,854
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 10,856
13. Total gross income 10,857
adjustments (add lines
7-12)...................... $...... $...... 10,858
14. Adjusted annual gross income 10,859
(subtract line 13 from line
6)......................... $...... $...... 10,861
15. Combined annual income that 10,862
is basis for child support
order (add line 14, Col. I 10,863
and Col. II)......................... $......
16. Percentage parent's income 10,864
to total income
a. Father (divide line 14, Col. 10,865
I by line 15, Col. III) .........% 10,866
b. Mother (divide line 14, Col. 10,867
II by line 15, Col. III) .......... + .......% = 100% 10,868
17. Basic combined child support 10,869
obligation (Refer to basic
child support schedule in 10,870
division (D) of section
3113.215 of the Revised
Code; in the first column 10,871
of the schedule, locate the
sum that is nearest to the
combined annual income 10,872
listed in line 15, Col. III
271
of this worksheet, then
refer to the column of the 10,873
schedule that corresponds
to the number of children
in this family. If the 10,874
income of the parents is
more than one sum, and less
than another sum, in the 10,875
first column of the
schedule, you may calculate
the basic combined child 10,876
support obligation based
upon the obligation for
those two sums.)........... $...... 10,878
18. Annual child care expenses 10,879
for the children who are
the subject of this order 10,880
that are work, employment
training, or education 10,881
related, as approved by the
court or agency (deduct the
tax credit from annual 10,882
cost, whether or not
claimed)................... $...... $...... 10,883
19. Marginal, out-of-pocket 10,884
costs, necessary to provide
for health insurance for 10,885
the children who are the
subject of this order...... $...... $...... 10,886
20. Total child care and medical 10,887
expenses (add lines 18 and
19, Column I and Column II). $...... $...... 10,889
21. Combined annual child 10,890
support obligation for this
272
family (add lines 17 and 10,891
20, Column I and Column II). ....... $...... 10,892
22. Annual support 10,893
obligation/parent
a. Father (multiply line 21, 10,894
Col. III, by line 16a)..... $...... 10,895
b. Mother (multiply line 21, 10,896
Col. III, by line 16b)..... $...... 10,897
23. Adjustment for actual 10,898
expenses paid for annual
child care expenses and 10,899
marginal, out-of-pocket
costs, necessary to provide
for health insurance (enter 10,900
number from line 18 or 19
if applicable)............. $...... $...... 10,901
24. Actual annual obligation 10,902
(subtract line 23 from line
22a or 22b)................ $...... $...... 10,904
25. GROSS HOUSEHOLD INCOME PER 10,905
PARTY AFTER EXCHANGE OF
CHILD SUPPORT (ADD LINES 14 10,907
AND 24 COLUMN I OR II FOR
THE RESIDENTIAL PARENT FOR 10,909
PURPOSES OF RECEIVING CHILD
SUPPORT; SUBTRACT LINE 24 10,910
COLUMN I OR II FROM LINE 14
FOR THE PARENT WHO IS NOT 10,911
THE RESIDENTIAL PARENT FOR 10,913
PURPOSES OF RECEIVING CHILD
SUPPORT)................... $...... $...... 10,914
26. Comments, rebuttal, or 10,915
adjustments to correct
figures in lines 24, Column 10,916
273
I and 24, Column II if they
would be unjust or
inappropriate and would not 10,917
be in best interest of the
child or children (specific
facts to support
adjustments must be 10,918
included).................. $...... $...... 10,919
................................................................. 10,921
................................................................. 10,922
................................................................. 10,923
(Addendum sheet may be attached) 10,924
27. Final figure (this amount 10,926
reflects final annual child
support obligation)........ $...... father/mother 10,928
obligor
28. For decree: child support 10,931
per child per week or per
month (divide obligor's 10,932
annual share, line 27, by
12 or 52 and by number of
children).................. $...... 10,934
29. For deduction order: child 10,935
support per pay period
(calculate support per pay 10,936
period from figure on line
28) plus appropriate
poundage................... $...... 10,938
Calculations have been reviewed. 10,941
Signatures .............................. 10,943
Father 10,944
I do/do not consent. 10,945
Sworn to before me and suscribed SUBSCRIBED in my presence, 10,947
this ..... day of .........., 19... 10,948
274
.............................. 10,950
Notary Public 10,951
.............................. 10,952
Mother 10,953
I do/do not consent. 10,954
Sworn to before me and suscribed SUBSCRIBED in my presence, 10,957
this ..... day of .........., 19... 10,958
.............................. 10,959
Notary Public 10,960
.............................. .............................. 10,961
Attorney for father Attorney for mother" 10,963
(F) When a court or child support enforcement agency 10,966
calculates the amount of child support that will be required to 10,967
be paid pursuant to a child support order in a proceeding in 10,968
which both parents have split parental rights PARENTING FUNCTIONS 10,970
and responsibilities with respect to the children who are the 10,971
subject of the child support order, the court or child support 10,972
enforcement agency shall use a worksheet that is identical in 10,973
content and form to the following worksheet: 10,974
"Worksheet 10,975
............... County Domestic Relations Court (or) 10,976
............... County Child Support Enforcement Agency 10,977
Child Support Computation 10,978
Split Parental Rights FARENTING 10,979
FUNCTIONS 10,980
and Responsibilities 10,981
Name of parties ............................. 10,983
Case No. .......... 10,985
Number of minor children ...... The following parent was 10,987
designated residential parent and legal custodian FOR PURPOSES OF 10,988
RECEIVING CHILD SUPPORT: 10,989
............ mother; ............ father. 10,991
Father has ..... pay periods annually; mother has ..... pay 10,993
periods annually.
275
Column I Column II Column III 10,995
Father Mother Combined
1a. Annual gross income from 10,998
employment or, when
determined to be
appropriate by the court or 10,999
agency, average annual
gross income from
employment over a 11,000
reasonable period of years
(exclude overtime and
bonuses)................... $...... $...... 11,002
b. Amount of overtime and 11,003
bonuses Father Mother 11,004
Yr. 3 11,005
(Three years ago) $...... $...... 11,006
Yr. 2 11,007
(Two years ago) $...... $...... 11,008
Yr. 1 11,009
(Last calendar year) $...... $...... 11,010
Average: $...... $...... 11,011
(Include in Column I and/or 11,012
Column II the average of
the three years or the year 11,013
1 amount, whichever is
less, if there exists a
reasonable expectation that 11,014
the total earnings from
overtime and/or bonuses 11,015
during the current calendar
year will meet or exceed
the amount that is the 11,016
lower of the average of the
three years or the year 1
276
amount. If, however, there 11,017
exists a reasonable 11,018
expectation that the total
earnings from
overtime/bonuses during the 11,019
current calendar year will
be less than the lower of
the average of the three 11,020
years or the year 1 amount,
include only the amount
reasonably expected to be 11,022
earned this year.)......... $...... $....... 11,023
2. Annual income from interest 11,024
and dividends (whether or
not taxable)............... $...... $...... 11,026
3. Annual income from 11,027
unemployment compensation.. $...... $...... 11,028
4. Annual income from workers' 11,029
compensation or disability
insurance benefits......... $...... $...... 11,031
5. Other annual income 11,032
(identify)................. $...... $...... 11,033
6. Total annual gross income 11,034
(add lines 1-5)............ $...... $...... 11,035
7. Annual court-ordered support 11,036
paid for other children.... $...... $...... 11,037
8. Adjustment for minor 11,038
children born to either
parent and another parent, 11,039
which children are living
with this parent (number of
children times federal 11,040
income tax exemption less
child support received for
277
the year, not to exceed the 11,041
federal tax exemption)..... $...... $...... 11,042
9. Annual court-ordered spousal 11,043
support paid to a former
spouse..................... $...... $...... 11,045
10. Amount of local income taxes 11,046
actually paid or estimated
to be paid................. $...... $...... 11,048
11. For self-employed 11,049
individuals, deduct 5.6% of
adjusted gross income or 11,050
the actual marginal
difference between the
actual rate paid by the
self-employed individual 11,051
and the F.I.C.A. rate...... $...... $...... 11,052
12. For self-employed 11,053
individuals, deduct
ordinary and necessary
business expenses.......... $...... $...... 11,055
13. Total gross income 11,056
adjustments (add lines
7-12)...................... $...... $...... 11,057
14. Adjusted annual gross income 11,058
(subtract line 13 from line
6)......................... $...... $...... 11,060
15. Combined annual income that 11,061
is basis for child support
order (add line 14, Col. I 11,062
and Col. II)............... $..... 11,063
16. Percentage parent's income 11,064
to total income
a. Father (divide line 14, Col. 11,065
I by line 15, Col. III) .........% 11,066
278
b. Mother (divide line 14, Col. 11,067
II by line 15, Col. III)... + .......% = 100% 11,068
17. Basic combined child support 11,069
obligation/household
a. For children for whom the 11,070
father is the residential
parent and legal custodian 11,071
FOR PURPOSES OF RECEIVING
CHILD SUPPORT (Refer to
basic child support 11,072
schedule in division (D) of
section 3113.215 of the 11,073
Revised Code; in the first
column of the schedule,
locate the sum that is 11,074
nearest to the combined
annual income listed in
line 15, Col. III of this 11,075
worksheet, then refer to
the column of the schedule
that corresponds to the 11,076
number of children for whom
the father is the
residential parent and 11,077
legal custodian FOR
PURPOSES OF RECEIVING CHILD
SUPPORT. If the income of 11,078
the parents is more than
one sum, and less than 11,079
another sum, in the first
column of the schedule, you
may calculate the basic 11,080
combined child support
obligation based upon the
279
obligation for those two 11,081
sums.)..................... $...... 11,082
b. For children for whom the 11,083
mother is the RESIDENTIAL
parent and the legal 11,084
custodian FOR PURPOSES OF
RECEIVING CHILD SUPPORT.
(Refer to basic child 11,085
support schedule in
division (D) of section 11,086
3313.215 3113.215 of the
Revised Code; in the first 11,087
column of the schedule,
locate the sum that is
nearest to the combined
annual income listed in 11,088
line 15, Col. III of this
worksheet, then refer to
the column of the schedule 11,089
that corresponds to the
number of children for whom
the mother is the 11,090
residential parent and the 11,091
legal custodian FOR
PURPOSES OF RECEIVING CHILD
SUPPORT. If the income of 11,092
the parents is more than
one sum, and less than 11,093
another sum, in the first
column of the schedule, you
may calculate the basic 11,094
combined child support
obligation based upon the
obligation for those two 11,095
280
sums.)..................... $...... 11,096
18. Annual child care expenses 11,097
for the children who are
the subject of this order 11,098
that are work, employment
training, or education 11,099
related, as approved by the
court or agency (deduct the
as approved by the court or 11,100
agency (deduct the tax
credit from annual cost, 11,101
whether or not claimed)
a. Expenses paid by the father. $...... 11,103
b. Expenses paid by the mother. $...... 11,105
19. Marginal, out-of-pocket 11,106
costs, necessary to provide
for health insurance for 11,107
the children who are the
subject of this order
a. Costs paid by the father.... $...... 11,109
b. Costs paid by the mother.... $...... 11,111
20. Total annual child care and 11,112
medical expenses
a. Of father (add lines 18a and 11,113
19a)....................... $...... 11,114
b. Of mother (add lines 18b and 11,115
19b)....................... $...... 11,116
21. Total annual child support 11,117
obligation
a. Of father for child(ren) for 11,118
whom the mother is the
residential parent and 11,119
legal custodian FOR
PURPOSES OF RECEIVING CHILD
281
SUPPORT (add lines 20a and 11,120
17b and multiply by line
16a)....................... $...... 11,122
b. Of mother for child(ren) for 11,123
whom the father is the
residential parent and 11,124
legal custodian FOR
PURPOSES OF RECEIVING CHILD
SUPPORT (add lines 20b and 11,125
17b 17a and multiply by 11,126
line 16b).................. $...... 11,127
22. Adjustment for actual 11,128
expenses paid for annual
child care expenses, and 11,129
marginal, out-of-pocket
costs, necessary to provide
for health insurance
a. For father (enter number 11,130
from line 20a)............. $...... 11,131
b. For mother (enter number 11,132
from line 20b)............. $...... 11,133
23. Actual annual obligation 11,134
(subtract line 22a from
line 21a and insert in 11,135
Column I; subtract line 22b
from line 21b and insert in
Column II)................. $...... $...... 11,137
24. Net annual support 11,138
obligation (greater amount
on line 23 Column I or line 11,139
23 Column II minus lesser
amount on line 23 Column I
or line 23 Column II)...... $...... $...... 11,141
25. Gross household income per 11,142
282
party after exchange of
child support.............. $...... $...... 11,144
(add line 14 and line 24 11,145
for the parent receiving a
child support payment; 11,146
subtract line 24 from line
14 for the parent making a
child support payment) 11,147
26. Comments, rebuttal, or 11,148
adjustments to correct
figures in lines 24, Column 11,149
I and 24, Column II if they
would be unjust or
inappropriate and would not 11,150
be in best interest of the
children (specific facts to
support adjustments must be 11,151
included).................. $...... $...... 11,152
................................................................. 11,154
................................................................. 11,155
................................................................. 11,156
(Addendum sheet may be attached) 11,157
27. Final figure (this amount 11,159
reflects final annual child
support obligation)........ $...... father/mother 11,161
obligor
28. For decree: child support 11,164
per child per week or per
month (divide obligor's 11,165
annual share, line 27, by
12 or 52 and by the number
of children)............... $...... 11,167
29. For deduction order: child 11,168
support per day (calculate
283
support per pay period from 11,169
figure on line 28) and add
appropriate poundage....... $...... 11,170
Calculations have been reviewed. 11,173
Signatures .............................. 11,175
Father 11,176
I do/do not consent. 11,177
Sworn to before me and suscribed SUBSCRIBED in my presence, 11,180
this ..... day of .........., 19... 11,181
.............................. 11,183
Notary Public 11,184
.............................. 11,185
Mother 11,186
I do/do not consent. 11,187
Sworn to before me and suscribed SUBSCRIBED in my presence, 11,190
this ..... day of .........., 19... 11,191
.............................. 11,193
Notary Public 11,194
.............................. .............................. 11,195
Attorney for father Attorney for mother" 11,196
(G) At least once every four years, the department of 11,199
human services shall review the basic child support schedule set 11,200
forth in division (D) of this section to determine whether 11,201
support orders issued in accordance with the schedule and the 11,202
applicable worksheet in division (E) of this section, through 11,203
line 24, or in division (F) of this section, through line 23, 11,204
adequately provide for the needs of the children who are subject 11,205
to the support orders, prepare a report of its review, and submit 11,206
a copy of the report to both houses of the general assembly. For 11,207
each review, the department shall establish a child support 11,208
guideline advisory council to assist the department in the 11,210
completion of its reviews and reports. Each council shall be 11,212
composed of obligors, obligees, judges of courts of common pleas
who have jurisdiction over domestic relations cases, attorneys 11,213
284
whose practice includes a significant number of domestic 11,214
relations cases, representatives of child support enforcement 11,215
agencies, other persons interested in the welfare of children, 11,216
three members of the senate appointed by the president of the 11,217
senate, no more than two of whom are members of the same party, 11,218
and three members of the house of representatives appointed by 11,219
the speaker of the house, no more than two of whom are members of 11,220
the same party. The department shall consider input from the 11,221
council prior to the completion of any report under this section. 11,223
The advisory council shall cease to exist at the time that it 11,227
submits its report to the general assembly. Any expenses 11,228
incurred by an advisory council shall be paid by the department. 11,229
On or before March 1, 1993, the department shall submit its 11,231
initial report under this division to both houses of the general 11,232
assembly. On or before the first day of March of every fourth 11,233
year after 1993, the department shall submit a report under this 11,234
division to both houses of the general assembly. 11,235
Sec. 3113.31. (A) As used in this section: 11,246
(1) "Domestic violence" means the occurrence of one or 11,248
more of the following acts against a family or household member: 11,249
(a) Attempting to cause or recklessly causing bodily 11,251
injury; 11,252
(b) Placing another person by the threat of force in fear 11,254
of imminent serious physical harm or committing a violation of 11,255
section 2903.211 or 2911.211 of the Revised Code; 11,256
(c) Committing any act with respect to a child that would 11,258
result in the child being an abused child, as defined in section 11,259
2151.031 of the Revised Code. 11,260
(2) "Court" means the domestic relations division of the 11,262
court of common pleas in counties that have a domestic relations 11,263
division, and the court of common pleas in counties that do not 11,264
have a domestic relations division. 11,265
(3) "Family or household member" means any of the 11,267
following: 11,268
285
(a) Any of the following who is residing with or has 11,270
resided with the respondent: 11,271
(i) A spouse, a person living as a spouse, or a former 11,273
spouse of the respondent; 11,274
(ii) A parent or a child of the respondent, or another 11,276
person related by consanguinity or affinity to the respondent; 11,277
(iii) A parent or a child of a spouse, person living as a 11,279
spouse, or former spouse of the respondent, or another person 11,280
related by consanguinity or affinity to a spouse, person living 11,281
as a spouse, or former spouse of the respondent. 11,282
(b) The natural parent of any child of whom the respondent 11,284
is the other natural parent. 11,285
(4) "Person living as a spouse" means a person who is 11,287
living or has lived with the respondent in a common law marital 11,288
relationship, who otherwise is cohabiting with the respondent, or 11,290
who otherwise has cohabited with the respondent within one year
prior to the date of the alleged occurrence of the act in 11,291
question. 11,292
(5) "Victim advocate" means a person who provides support 11,294
and assistance for a person who files a petition under this 11,295
section.
(B) The court has jurisdiction over all proceedings under 11,297
this section. The petitioner's right to relief under this 11,298
section is not affected by the petitioner's leaving the residence 11,299
or household to avoid further domestic violence. 11,300
(C) A person may seek relief under this section the person 11,302
on the person's own behalf, or any parent or adult household 11,303
member may seek relief under this section on behalf of any other 11,304
family or household member, by filing a petition with the court. 11,305
The petition shall contain or state: 11,306
(1) An allegation that the respondent engaged in domestic 11,308
violence against a family or household member of the respondent, 11,309
including a description of the nature and extent of the domestic 11,310
violence; 11,311
286
(2) The relationship of the respondent to the petitioner, 11,313
and to the victim if other than the petitioner; 11,314
(3) A request for relief under this section. 11,316
(D) If a person who files a petition pursuant to this 11,318
section requests an ex parte order, the court shall hold an ex 11,319
parte hearing on the same day that the petition is filed. The 11,320
court may, for good cause shown at the ex parte hearing, enter 11,321
any temporary orders, with or without bond, including, but not 11,322
limited to, an order described in division (E)(1)(a), (b), or (c) 11,323
of this section, that the court finds necessary to protect the 11,324
family or household member from domestic violence. Immediate and 11,325
present danger of domestic violence to the family or household 11,326
member constitutes good cause for purposes of this section. 11,327
Immediate and present danger includes, but is not limited to, 11,328
situations in which the respondent has threatened the family or 11,329
household member with bodily harm or in which the respondent has 11,330
previously engaged in domestic violence against the family or 11,331
household member. 11,332
If the court, after an ex parte hearing, issues an order 11,334
described in division (E)(1)(b) or (c) of this section, the court 11,335
shall schedule a full hearing that shall be held within seven 11,336
court days after the ex parte hearing. If any other type of 11,337
protection order that is authorized under division (E) of this 11,338
section is issued by the court after an ex parte hearing, the 11,339
full hearing shall be held within ten days after the ex parte 11,340
hearing. The respondent shall be given notice of, and an 11,341
opportunity to be heard at, the full hearing. 11,342
If a person who files a petition pursuant to this section 11,344
does not request an ex parte order, or if a person requests an ex 11,345
parte order but the court does not issue an ex parte order after 11,346
an ex parte hearing, the court shall proceed as in a normal civil 11,347
action and grant a full hearing on the matter. 11,348
(E)(1) After an ex parte or full hearing, the court may 11,350
grant any protection order, with or without bond, or approve any 11,351
287
consent agreement to bring about a cessation of domestic violence 11,352
against the family or household members. The order or agreement 11,353
may: 11,354
(a) Direct the respondent to refrain from abusing the 11,356
family or household members; 11,357
(b) Grant possession of the residence or household to the 11,359
petitioner or other family or household member, to the exclusion 11,360
of the respondent, by evicting the respondent, when the residence 11,361
or household is owned or leased solely by the petitioner or other 11,362
family or household member, or by ordering the respondent to 11,363
vacate the premises, when the residence or household is jointly 11,364
owned or leased by the respondent, and the petitioner or other 11,365
family or household member; 11,366
(c) When the respondent has a duty to support the 11,368
petitioner or other family or household member living in the 11,369
residence or household and the respondent is the sole owner or 11,370
lessee of the residence or household, grant possession of the 11,371
residence or household to the petitioner or other family or 11,372
household member, to the exclusion of the respondent, by ordering 11,373
the respondent to vacate the premises, or, in the case of a 11,374
consent agreement, allow the respondent to provide suitable, 11,375
alternative housing; 11,376
(d) Temporarily allocate parental rights PARENTING 11,378
FUNCTIONS and responsibilities for the care of, or establish 11,381
temporary visitation rights FOR PERSONS OTHER THAN THE PARENTS 11,382
with regard to, minor children, if no other court has determined, 11,384
or is determining, the allocation of parental rights PARENTING 11,385
FUNCTIONS and responsibilities for the minor children or 11,386
visitation rights FOR PERSONS OTHER THAN THE PARENTS; 11,387
(e) Require the respondent to maintain support, if the 11,389
respondent customarily provides for or contributes to the support 11,390
of the family or household member, or if the respondent has a 11,391
duty to support the petitioner or family or household member; 11,392
(f) Require the respondent, petitioner, victim of domestic 11,394
288
violence, or any combination of those persons, to seek 11,395
counseling; 11,396
(g) Require the respondent to refrain from entering the 11,398
residence, school, business, or place of employment of the 11,399
petitioner or family or household member; 11,400
(h) Grant other relief that the court considers equitable 11,402
and fair, including, but not limited to, ordering the respondent 11,403
to permit the use of a motor vehicle by the petitioner or other 11,404
family or household member and the apportionment of household and 11,405
family personal property. 11,406
(2) If a protection order has been issued pursuant to this 11,408
section in a prior action involving the respondent and the 11,409
petitioner or one or more of the family or household members, the 11,410
court may include in a protection order that it issues a 11,411
prohibition against the respondent returning to the residence or 11,412
household and a prohibition against the petitioner inviting or 11,413
admitting the respondent to the residence or household while the 11,414
order is in effect. 11,415
(3)(a) Any protection order or approved consent agreement 11,417
shall be valid until a date certain, but not later than two years 11,418
from the date of its issuance or approval. 11,419
(b) Subject to the limitation on the duration of an order 11,421
or agreement set forth in division (E)(3)(a) of this section, any 11,422
order under division (E)(1)(d) of this section shall terminate on 11,423
the date that a court in an action for divorce, dissolution of 11,425
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights PARENTING 11,426
FUNCTIONS and responsibilities for the care of children or on the 11,429
date that a juvenile court in an action brought by the petitioner 11,430
or respondent issues an order awarding legal custody of minor 11,431
children. Subject to the limitation on the duration of an order
or agreement set forth in division (E)(3)(a) of this section, any 11,432
order under division (E)(1)(e) of this section shall terminate on 11,433
the date that a court in an action for divorce, dissolution of 11,434
289
marriage, or legal separation brought by the petitioner or 11,435
respondent issues a support order or on the date that a juvenile 11,436
court in an action brought by the petitioner or respondent issues
a support order. 11,437
(c) Any protection order issued or consent agreement 11,440
approved pursuant to this section may be renewed in the same 11,441
manner as the original order or agreement was issued or approved. 11,442
(4) A court may not issue a protection order that requires 11,444
a petitioner to do or to refrain from doing an act that the court 11,445
may require a respondent to do or to refrain from doing under 11,446
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 11,447
section unless all of the following apply:
(a) The respondent files a separate petition for a 11,449
protection order in accordance with this section. 11,450
(b) The petitioner is served notice of the respondent's 11,452
petition at least forty-eight hours before the court holds a 11,453
hearing with respect to the respondent's petition, or the 11,454
petitioner waives the right to receive this notice. 11,455
(c) If the petitioner has requested an ex parte order 11,457
pursuant to division (D) of this section, the court does not 11,458
delay any hearing required by that division beyond the time 11,459
specified in that division in order to consolidate the hearing 11,460
with a hearing on the petition filed by the respondent.
(d) After a full hearing at which the respondent presents 11,462
evidence in support of the request for a protection order and the 11,463
petitioner is afforded an opportunity to defend against that 11,464
evidence, the court determines that the petitioner has committed 11,465
an act of domestic violence or has violated a temporary 11,466
protection order issued pursuant to section 2919.26 of the
Revised Code, that both the petitioner and the respondent acted 11,467
primarily as aggressors, and that neither the petitioner nor the 11,468
respondent acted primarily in self-defense. 11,469
(5) No order or agreement under this section shall in any 11,471
manner affect title to any real property. 11,472
290
(6)(a) If a petitioner, or the child of a petitioner, who 11,474
obtains a protection order or consent agreement pursuant to 11,475
division (E)(1) of this section or a temporary protection order 11,476
pursuant to section 2919.26 of the Revised Code and is the 11,477
subject of a visitation or companionship order issued pursuant to 11,478
section FORMER SECTION 3109.051 OR 3109.12, OR SECTION 3109.59, 11,479
3109.11 3109.60, or 3109.12 3109.61 of the Revised Code GRANTING 11,481
VISITATION OR COMPANIONSHIP RIGHTS TO THE RESPONDENT or division 11,482
(E)(1)(d) of this section granting visitation or companionship 11,483
rights to the respondent A PARENTING DECREE ALLOCATING PARENTING 11,484
FUNCTIONS AND RESPONSIBILITIES FOR THE CHILD BETWEEN THE 11,485
PETITIONER AND RESPONDENT ISSUED PURSUANT TO SECTIONS 3109.40 TO 11,486
3109.62 OF THE REVISED CODE, the court may require the public 11,487
children services agency of the county in which the court is 11,488
located to provide supervision of the respondent's exercise of
visitation or companionship rights PHYSICAL CONTACT with respect 11,489
to the child for a period not to exceed nine months, if the court 11,491
makes the following findings of fact: 11,492
(i) The child is in danger from the respondent; 11,494
(ii) No other person or agency is available to provide the 11,496
supervision or other services. 11,497
(b) IF A CHILD IS THE SUBJECT OF A PARENTING DECREE 11,499
ALLOCATING PARENTING FUNCTIONS AND RESPONSIBILITIES FOR A CHILD 11,500
ISSUED PURSUANT TO SECTIONS 3109.40 TO 3109.62 OF THE REVISED 11,501
CODE AND THE DECREE PURSUANT TO SECTION 3109.50 OF THE REVISED
CODE REQUIRES ONE OF THE PARENT'S PHYSICAL CONTACT WITH THE CHILD 11,502
TO BE SUPERVISED, THE COURT MAY REQUIRE THE PUBLIC CHILDREN 11,503
SERVICES AGENCY OF THE COUNTY IN WHICH THE COURT IS LOCATED TO 11,504
PROVIDE SUPERVISION OF THAT PARENT'S PHYSICAL CONTACT WITH THE 11,505
CHILD.
(c) A court that requires an agency to provide supervision 11,507
or other services pursuant to division (E)(6)(a) OR (b) of this 11,510
section shall order the respondent to reimburse the agency for
the cost of providing the supervision or other services, if it 11,511
291
determines that the respondent has sufficient income or resources 11,512
to pay that cost.
(F)(1) A copy of any protection order, or consent 11,514
agreement, that is issued or approved under this section shall be 11,515
issued by the court to the petitioner, to the respondent, and to 11,516
all law enforcement agencies that have jurisdiction to enforce 11,517
the order or agreement. The court shall direct that a copy of an 11,518
order be delivered to the respondent on the same day that the 11,519
order is entered. 11,520
(2) All law enforcement agencies shall establish and 11,522
maintain an index for the protection orders and the approved 11,523
consent agreements delivered to the agencies pursuant to division 11,524
(F)(1) of this section. With respect to each order and consent 11,525
agreement delivered, each agency shall note on the index, the 11,526
date and time that it received the order or consent agreement. 11,527
(3) Regardless of whether the petitioner has registered 11,529
the order or agreement in the county in which the officer's 11,530
agency has jurisdiction pursuant to division (N) of this section, 11,531
any officer of a law enforcement agency shall enforce a 11,533
protection order issued or consent agreement approved by any
court in this state in accordance with the provisions of the 11,535
order or agreement, including removing the respondent from the 11,536
premises, if appropriate.
(G) Any proceeding under this section shall be conducted 11,538
in accordance with the Rules of Civil Procedure, except that an 11,539
order under this section may be obtained with or without bond. 11,540
The remedies and procedures provided in this section are in 11,541
addition to, and not in lieu of, any other available civil or 11,542
criminal remedies. 11,543
(H) The filing of proceedings under this section does not 11,545
excuse a person from filing any report or giving any notice 11,546
required by section 2151.421 of the Revised Code or by any other 11,547
law. When a petition under this section alleges domestic 11,548
violence against minor children, the court shall report the fact, 11,549
292
or cause reports to be made, to a county, township, or municipal 11,550
peace officer under section 2151.421 of the Revised Code. 11,551
(I) Any law enforcement agency that investigates a 11,553
domestic dispute shall provide information to the family or 11,554
household members involved regarding the relief available under 11,555
this section and section 2919.26 of the Revised Code. 11,556
(J) Notwithstanding any provision of law to the contrary, 11,558
no court shall charge a fee for the filing of a petition pursuant 11,559
to this section. 11,560
(K)(1) Each order for support made or modified under this 11,562
section on or after December 31, 1993, shall include as part of 11,563
the order a general provision, as described in division (A)(1) of 11,564
section 3113.21 of the Revised Code, requiring the withholding or 11,565
deduction of wages or assets of the obligor under the order as 11,566
described in division (D) of section 3113.21 of the Revised Code 11,567
or another type of appropriate requirement as described in 11,568
division (D)(6), (D)(7), or (H) of that section, to ensure that 11,569
withholding or deduction from the wages or assets of the obligor 11,570
is available from the commencement of the support order for 11,571
collection of the support and of any arrearages that occur; a 11,572
statement requiring all parties to the order to notify the child 11,573
support enforcement agency in writing of their current mailing 11,574
address, their current residence address, and any changes in 11,575
either address; and a notice that the requirement to notify the 11,576
agency of all changes in either address continues until further 11,577
notice from the court. The court shall comply with sections 11,578
3113.21 to 3113.219 of the Revised Code when it makes or modifies 11,579
an order for child support under this section on or after April 11,580
12, 1990. 11,581
If any person required to pay child support under an order 11,583
made under this section on or after April 15, 1985, or modified 11,584
under this section on or after December 31, 1986, is found in 11,585
contempt of court for failure to make support payments under the 11,586
order, the court that makes the finding, in addition to any other 11,587
293
penalty or remedy imposed, shall assess all court costs arising 11,588
out of the contempt proceeding against the person and require the 11,589
person to pay any reasonable attorney's fees of any adverse 11,590
party, as determined by the court, that arose in relation to the 11,591
act of contempt. 11,592
(2) Notwithstanding section 3109.01 of the Revised Code, 11,594
if a court issues a child support order under this section, the 11,595
order shall remain in effect beyond the child's eighteenth 11,596
birthday as long as the child continuously attends on a full-time 11,597
basis any recognized and accredited high school. Any parent 11,598
ordered to pay support under a child support order issued under 11,599
this section shall continue to pay support under the order, 11,600
including during seasonal vacation periods, until the order 11,601
terminates. 11,602
(L)(1) A person who violates a protection order issued or 11,604
a consent agreement approved under this section is subject to the 11,605
following sanctions: 11,606
(a) Criminal prosecution for a violation of section 11,608
2919.27 of the Revised Code, if the violation of the protection 11,609
order or consent agreement constitutes a violation of that 11,610
section; 11,611
(b) Punishment for contempt of court. 11,613
(2) The punishment of a person for contempt of court for 11,615
violation of a protection order issued or a consent agreement 11,616
approved under this section does not bar criminal prosecution of 11,617
the person for a violation of section 2919.27 of the Revised 11,618
Code. However, a person punished for contempt of court is 11,619
entitled to credit for the punishment imposed upon conviction of 11,620
a violation of that section, and a person convicted of a 11,621
violation of that section shall not subsequently be punished for 11,622
contempt of court arising out of the same activity. 11,623
(M) In all stages of a proceeding under this section, a 11,625
petitioner may be accompanied by a victim advocate. 11,626
(N)(1) A petitioner who obtains a protection order or 11,628
294
consent agreement under this section or a temporary protection 11,629
order under section 2919.26 of the Revised Code may provide 11,630
notice of the issuance or approval of the order or agreement to 11,631
the judicial and law enforcement officials in any county other
than the county in which the order is issued or the agreement is 11,632
approved by registering that order or agreement in the other 11,633
county pursuant to division (N)(2) of this section and filing a 11,634
copy of the registered order or registered agreement with a law 11,635
enforcement agency in the other county in accordance with that 11,636
division.
(2) A petitioner may register a temporary protection 11,638
order, protection order, or consent agreement in a county other 11,639
than the county in which the court that issued the order or 11,640
approved the agreement is located in the following manner: 11,641
(a) The petitioner shall obtain a certified copy of the 11,643
order or agreement from the clerk of the court that issued the 11,644
order or approved the agreement and present that certified copy 11,645
to the clerk of the court of common pleas or the clerk of a 11,646
municipal court or county court in the county in which the order 11,647
or agreement is to be registered. 11,648
(b) Upon accepting the certified copy of the order or 11,650
agreement for registration, the clerk of the court of common 11,651
pleas, municipal court, or county court shall place an 11,652
endorsement of registration on the order or agreement and give 11,653
the petitioner a copy of the order or agreement that bears that 11,654
proof of registration. 11,655
(3) The clerk of each court of common pleas, the clerk of 11,657
each municipal court, and the clerk of each county court shall 11,658
maintain a registry of certified copies of temporary protection 11,659
orders, protection orders, or consent agreements that have been 11,660
issued or approved by courts in other counties and that have been 11,661
registered with the clerk. 11,662
(4) If a petitioner who obtains a protection order or 11,664
consent agreement under this section or a temporary protection 11,665
295
order under section 2919.26 of the Revised Code wishes to 11,666
register the order or agreement in any county other than the 11,667
county in which the order was issued or the agreement was
approved, pursuant to divisions (N)(1) to (3) of this section, 11,668
and if the petitioner is indigent, both of the following apply: 11,669
(a) If the petitioner submits to the clerk of the court 11,671
that issued the order or approved the agreement satisfactory 11,672
proof that the petitioner is indigent, the clerk may waive any 11,673
fee that otherwise would be required for providing the petitioner 11,674
with a certified copy of the order or agreement to be used for
purposes of divisions (N)(1) to (3) of this section; 11,675
(b) If the petitioner submits to the clerk of the court of 11,677
common pleas or the clerk of a municipal court or county court in 11,678
the county in which the order or agreement is to be registered 11,680
satisfactory proof that the petitioner is indigent, the clerk may 11,681
waive any fee that otherwise would be required for accepting for
registration a certified copy of the order or agreement, for 11,682
placing an endorsement of registration on the order or agreement, 11,683
or for giving the petitioner a copy of the order or agreement 11,684
that bears the proof of registration. 11,685
Sec. 3313.64. (A) As used in this section and in section 11,694
3313.65 of the Revised Code: 11,695
(1) "Parent" means either parent, unless the parents are 11,697
separated or divorced or their marriage has been dissolved or 11,698
annulled, in which case "parent" means the parent who is the 11,699
residential parent and legal custodian of the child. When a 11,700
child is in the legal custody of a government agency or a person 11,701
other than the child's natural or adoptive parent, "parent" means 11,702
the parent with residual parental rights PARENTING FUNCTIONS, 11,704
privileges, and responsibilities. When a child is in the 11,706
permanent custody of a government agency or a person other than 11,707
the child's natural or adoptive parent, "parent" means the parent 11,709
who was divested of parental rights PARENTING FUNCTIONS and 11,710
responsibilities for the care of the child and the right to have 11,712
296
the child live with the parent and be the legal custodian of the 11,714
child and all residual parental rights PARENTING FUNCTIONS, 11,715
privileges, and responsibilities. 11,716
(2) "Legal custody," "permanent custody," and "residual 11,718
parental rights, privileges, and responsibilities" have the same 11,719
meanings as in section 2151.011 of the Revised Code. 11,720
(3) "School district" or "district" means a city, local, 11,722
or exempted village school district and excludes any school 11,723
operated in an institution maintained by the department of youth 11,724
services. 11,725
(4) Except as used in division (C)(2) of this section, 11,727
"home" means a home, institution, family foster home, group home, 11,728
or other residential facility in this state that receives and 11,729
cares for children, to which any of the following applies: 11,730
(a) The home is licensed, certified, or approved for such 11,732
purpose by the state or is maintained by the department of youth 11,733
services. 11,734
(b) The home is operated by a person who is licensed, 11,736
certified, or approved by the state to operate the home for such 11,737
purpose. 11,738
(c) The home accepted the child through a placement by a 11,740
person licensed, certified, or approved to place a child in such 11,741
a home by the state. 11,742
(d) The home is a children's home created under section 11,744
5153.21 or 5153.36 of the Revised Code. 11,745
(5) "Agency" means all of the following: 11,747
(a) A children services board or county department of 11,749
human services that has assumed the administration of child 11,750
welfare functions prescribed by Chapter 5153. of the Revised 11,751
Code; 11,752
(b) An organization that holds a certificate issued by the 11,754
Ohio department of human services in accordance with the 11,755
requirements of section 5103.03 of the Revised Code and assumes 11,756
temporary or permanent custody of children through commitment, 11,757
297
agreement, or surrender, and places children in family homes for 11,758
the purpose of adoption; 11,759
(c) Comparable agencies of other states or countries that 11,761
have complied with applicable requirements of section 2151.39, or 11,762
sections 5103.20 to 5103.28 of the Revised Code. 11,763
(6) A child is placed for adoption if either of the 11,765
following occurs: 11,766
(a) An agency to which the child has been permanently 11,768
committed or surrendered enters into an agreement with a person 11,769
pursuant to section 5103.06 of the Revised Code for the care and 11,770
adoption of the child. 11,771
(b) The child's natural parent places the child pursuant 11,773
to section 5103.16 of the Revised Code with a person who will 11,774
care for and adopt the child. 11,775
(7) "Handicapped preschool child" means a handicapped 11,777
child, as defined by division (A) of section 3323.01 of the 11,778
Revised Code, who is at least three years of age but is not of 11,779
compulsory school age, as defined in section 3321.01 of the 11,780
Revised Code, and who has not entered kindergarten. 11,781
(8) "Child," unless otherwise indicated, includes 11,783
handicapped preschool children. 11,784
(B) Except as otherwise provided in section 3321.01 of the 11,786
Revised Code for admittance to kindergarten and first grade, a 11,787
child who is at least five but under twenty-two years of age and 11,788
any handicapped preschool child shall be admitted to school as 11,789
provided in this division. 11,790
(1) A child shall be admitted to the schools of the school 11,792
district in which the child's parent resides. 11,793
(2) A child who does not reside in the district where the 11,796
child's parent resides shall be admitted to the schools of the
district in which the child resides if any of the following 11,798
applies:
(a) The child is in the legal or permanent custody of a 11,800
government agency or a person other than the child's natural or 11,802
298
adoptive parent. 11,803
(b) The child resides in a home. 11,805
(c) The child requires special education. 11,807
(3) A child who is not entitled under division (B)(2) of 11,809
this section to be admitted to the schools of the district where 11,810
the child resides and who is residing with a resident of this 11,811
state with whom the child has been placed for adoption shall be 11,813
admitted to the schools of the district where the child resides 11,815
unless either of the following applies: 11,816
(a) The placement for adoption has been terminated. 11,818
(b) Another school district is required to admit the child 11,820
under division (B)(1) of this section. 11,821
Division (B) of this section does not prohibit the board of 11,823
education of a school district from placing a handicapped child 11,824
who resides in the district in a special education program 11,825
outside of the district or its schools in compliance with Chapter 11,826
3323. of the Revised Code. 11,827
(C) A district shall not charge tuition for children 11,829
admitted under division (B)(1) or (3) of this section. If the 11,830
district admits a child under division (B)(2) of this section, 11,831
tuition shall be paid to the district that admits the child as 11,832
follows: 11,833
(1) If the child receives special education in accordance 11,835
with Chapter 3323. of the Revised Code, tuition shall be paid in 11,836
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 11,837
of the Revised Code regardless of who has custody of the child or 11,838
whether the child resides in a home. 11,839
(2) Except as otherwise provided in division (C)(2)(d) of 11,841
this section, if the child is in the permanent or legal custody 11,842
of a government agency or person other than the child's parent, 11,843
tuition shall be paid by: 11,844
(a) The district in which the child's parent resided at 11,846
the time the court removed the child from home or at the time the 11,848
court vested legal or permanent custody of the child in the
299
person or government agency, whichever occurred first; or 11,849
(b) If the parent's residence at the time the court 11,851
removed the child from home or placed the child in the legal or 11,853
permanent custody of the person or government agency is unknown, 11,854
tuition shall be paid by the district in which the child resided 11,855
at the time the child was removed from home or placed in legal or 11,857
permanent custody, whichever occurred first; or 11,858
(c) If a school district cannot be established under 11,860
division (C)(2)(a) or (b) of this section, tuition shall be paid 11,861
by the district determined as required by section 2151.357 of the 11,862
Revised Code by the court at the time it vests custody of the 11,863
child in the person or government agency. 11,864
(d) If at the time the court removed the child from home 11,867
or vested legal or permanent custody of the child in the person 11,868
or government agency, whichever occurred first, one parent was in 11,869
a residential or correctional facility or a juvenile residential 11,870
placement and the other parent, if living and not in such a 11,871
facility or placement, was not known to reside in this state, 11,872
tuition shall be paid by the district determined under division 11,873
(D) of section 3313.65 of the Revised Code as the district 11,874
required to pay any tuition while the parent was in such facility 11,875
or placement.
(3) If the child is not in the permanent or legal custody 11,877
of a government agency or person other than the child's parent 11,879
and the child resides in a home, tuition shall be paid by one of 11,880
the following:
(a) The school district in which the child's parent 11,882
resides; 11,883
(b) If the child's parent is not a resident of this state, 11,885
the home in which the child resides. 11,886
(D) Tuition required to be paid under divisions (C)(2) and 11,888
(3)(a) of this section shall be computed in accordance with 11,889
section 3317.08 of the Revised Code. Tuition required to be paid 11,890
under division (C)(3)(b) of this section shall be computed in 11,891
300
accordance with section 3317.081 of the Revised Code. If a home 11,892
fails to pay the tuition required by division (C)(3)(b) of this 11,893
section, the board of education providing the education may 11,894
recover in a civil action the tuition and the expenses incurred 11,895
in prosecuting the action, including court costs and reasonable 11,896
attorney's fees. If the prosecuting attorney or city director of 11,897
law represents the board in such action, costs and reasonable 11,898
attorney's fees awarded by the court, based upon the prosecuting 11,899
attorney's, director's, or one of their designee's time spent 11,901
preparing and presenting the case, shall be deposited in the 11,902
county or city general fund. 11,903
(E) A board of education may enroll a child free of any 11,905
tuition obligation for a period not to exceed sixty days, on the 11,906
sworn statement of an adult resident of the district that the 11,907
resident has initiated legal proceedings for custody of the 11,909
child.
(F) In the case of any individual entitled to attend 11,911
school under this division, no tuition shall be charged by the 11,912
school district of attendance and no other school district shall 11,913
be required to pay tuition for the individual's attendance. 11,914
Notwithstanding division (B), (C), or (E) of this section: 11,915
(1) All persons at least eighteen but under twenty-two 11,917
years of age who live apart from their parents, support 11,918
themselves by their own labor, and have not successfully 11,919
completed the high school curriculum or the individualized 11,920
education program developed for the person by the high school 11,921
pursuant to section 3323.08 of the Revised Code, are entitled to 11,922
attend school in the district in which they reside. 11,923
(2) Any child under eighteen years of age who is married 11,925
is entitled to attend school in the child's district of 11,926
residence. 11,927
(3) A child is entitled to attend school in the district 11,929
in which either of the child's parents is employed if the child 11,931
has a medical condition that may require emergency medical 11,932
301
attention. The parent of a child entitled to attend school under 11,933
division (F)(3) of this section shall submit to the board of 11,934
education of the district in which the parent is employed a 11,935
statement from the child's physician certifying that the child's 11,936
medical condition may require emergency medical attention. The 11,937
statement shall be supported by such other evidence as the board 11,938
may require.
(4) Any child residing with a person other than the 11,940
child's parent is entitled, for a period not to exceed twelve 11,942
months, to attend school in the district in which that person 11,943
resides if the child's parent files an affidavit with the 11,944
superintendent of the district in which the person with whom the 11,945
child is living resides stating all of the following: 11,946
(a) That the parent is serving outside of the state in the 11,948
armed services of the United States; 11,949
(b) That the parent intends to reside in the district upon 11,951
returning to this state; 11,952
(c) The name and address of the person with whom the child 11,954
is living while the parent is outside the state. 11,955
(5) Any child under the age of twenty-two who, after the 11,957
death of a parent, resides in a school district other than the 11,958
district in which the child attended school at the time of the 11,959
parent's death is entitled to continue to attend school in the 11,960
district in which the child attended school at the time of the 11,961
parent's death for the remainder of the school year, subject to 11,962
approval of that district board. 11,963
(6) A child under the age of twenty-two years who resides 11,965
with a parent who is having a new house built in a school 11,966
district outside the district where the parent is residing is 11,967
entitled to attend school for a period of time in the district 11,968
where the new house is being built. In order to be entitled to 11,969
such attendance, the parent shall provide the district 11,970
superintendent with the following: 11,971
(a) A sworn statement explaining the situation, revealing 11,973
302
the location of the house being built, and stating the parent's 11,974
intention to reside there upon its completion; 11,975
(b) A statement from the builder confirming that a new 11,977
house is being built for the parent and that the house is at the 11,978
location indicated in the parent's statement. 11,979
(7) A child under the age of twenty-two residing with a 11,981
parent who has a contract to purchase a house in a school 11,982
district outside the district where the parent is residing and 11,983
who is waiting upon the date of closing of the mortgage loan for 11,984
the purchase of such house is entitled to attend school for a 11,985
period of time in the district where the house is being 11,986
purchased. In order to be entitled to such attendance, the 11,987
parent shall provide the district superintendent with the 11,988
following: 11,989
(a) A sworn statement explaining the situation, revealing 11,991
the location of the house being purchased, and stating the 11,992
parent's intent to reside there; 11,993
(b) A statement from a real estate broker or bank officer 11,995
confirming that the parent has a contract to purchase the house, 11,996
that the parent is waiting upon the date of closing of the 11,997
mortgage loan, and that the house is at the location indicated in 11,998
the parent's statement. 11,999
The district superintendent shall establish a period of 12,001
time not to exceed ninety days during which the child entitled to 12,002
attend school under division (F)(6) or (7) of this section may 12,003
attend without tuition obligation. A student attending a school 12,004
under division (F)(6) or (7) of this section shall be eligible to 12,005
participate in interscholastic athletics under the auspices of 12,006
that school, provided the board of education of the school 12,007
district where the student's parent resides, by a formal action, 12,008
releases the student to participate in interscholastic athletics 12,009
at the school where the student is attending, and provided the 12,010
student receives any authorization required by a public agency or 12,011
private organization of which the school district is a member 12,012
303
exercising authority over interscholastic sports. 12,013
(8) A child whose parent is a full-time employee of a 12,015
city, local, or exempted village school district may be admitted 12,016
to the schools of the district where the child's parent is 12,017
employed, provided the board of education establishes such an 12,019
admission policy by resolution adopted by a majority of its 12,020
members. Any such policy shall take effect on the first day of 12,021
the school year and the effective date of any amendment or repeal 12,022
may not be prior to the first day of the subsequent school year. 12,023
The policy shall be uniformly applied to all such children and 12,024
shall provide for the admission of any such child upon request of 12,025
the parent. No child may be admitted under this policy after the 12,026
first day of classes of any school year. 12,027
(9) A child who is with the child's parent under the care 12,029
of a shelter for victims of domestic violence, as defined in 12,031
section 3113.33 of the Revised Code, is entitled to attend school 12,032
free in the district in which the child is with his parent, and 12,033
no other school district shall be required to pay tuition for the 12,035
child's attendance in that school district. 12,037
The enrollment of a child in a school district under this 12,039
division shall not be denied due to a delay in the school 12,040
district's receipt of any records required under section 3313.672 12,041
of the Revised Code or any other records required for enrollment. 12,042
Any days of attendance and any credits earned by a child while 12,043
enrolled in a school district under this division shall be 12,044
transferred to and accepted by any school district in which the 12,045
child subsequently enrolls. The state board of education shall 12,046
adopt rules to ensure compliance with this division. 12,047
(10) Any child under the age of twenty-two whose parent 12,049
has moved out of the school district after the commencement of 12,050
classes in the child's senior year of high school is entitled, 12,051
subject to the approval of that district board, to attend school 12,052
in the district in which the child attended school at the time of 12,054
the parental move for the remainder of the school year and for 12,055
304
one additional semester or equivalent term. A district board may 12,056
also adopt a policy specifying extenuating circumstances under 12,057
which a student may continue to attend school under division 12,058
(F)(10) of this section for an additional period of time in order 12,059
to successfully complete the high school curriculum for the 12,060
individualized education program developed for the student by the 12,061
high school pursuant to section 3323.08 of the Revised Code. 12,062
(11) As used in this division, "grandparent" means a 12,064
parent of a parent of a child. A child under the age of 12,065
twenty-two years who is in the custody of the child's parent, 12,067
resides with a grandparent, and does not require special 12,068
education is entitled to attend the schools of the district in 12,069
which the child's grandparent resides, provided that, prior to 12,071
such attendance in any school year, the board of education of the 12,072
school district in which the child's grandparent resides and the 12,073
board of education of the school district in which the child's 12,075
parent resides enter into a written agreement specifying that 12,077
good cause exists for such attendance, describing the nature of 12,078
this good cause, and consenting to such attendance. 12,079
In lieu of a consent form signed by a parent, a board of 12,081
education may request the grandparent of a child attending school 12,082
in the district in which the grandparent resides pursuant to 12,083
division (F)(11) of this section to complete any consent form 12,084
required by the district, including any authorization required by 12,085
sections 3313.712 and 3313.713 of the Revised Code. Upon 12,086
request, the grandparent shall complete any consent form required 12,087
by the district. A school district shall not incur any liability 12,088
solely because of its receipt of a consent form from a 12,089
grandparent in lieu of a parent. 12,090
Division (F)(11) of this section does not create, and shall 12,093
not be construed as creating, a new cause of action or 12,094
substantive legal right against a school district, a member of a 12,095
board of education, or an employee of a school district. This 12,096
section does not affect, and shall not be construed as affecting, 12,097
305
any immunities from defenses to tort liability created or 12,098
recognized by Chapter 2744. of the Revised Code for a school 12,099
district, member, or employee.
(12) A child under the age of twenty-two years is entitled 12,102
to attend school in a school district other than the district in
which the child is entitled to attend school under division (B), 12,104
(C), or (E) of this section provided that, prior to such 12,106
attendance in any school year, both of the following occur: 12,107
(a) The superintendent of the district in which the child 12,109
is entitled to attend school under division (B), (C), or (E) of 12,112
this section contacts the superintendent of another district for
purposes of this division; 12,114
(b) The superintendents of both districts enter into a 12,117
written agreement that consents to the attendance and specifies
that the purpose of such attendance is to protect the student's 12,119
physical or mental well-being or to deal with other extenuating 12,120
circumstances deemed appropriate by the superintendents.
While an agreement is in effect under this division for a 12,122
student who is not receiving special education under Chapter 12,123
3323. of the Revised Code and notwithstanding Chapter 3327. of 12,124
the Revised Code, the board of education of neither school 12,125
district involved in the agreement is required to provide 12,126
transportation for the student to and from the school where the 12,127
student attends.
A student attending a school of a district pursuant to this 12,129
division shall be allowed to participate in all student 12,130
activities, including interscholastic athletics, at the school 12,131
where the student is attending on the same basis as any student 12,132
who has always attended the schools of that district while of 12,133
compulsory school age.
(G) A board of education, after approving admission, may 12,135
waive tuition for students who will temporarily reside in the 12,136
district and who are either of the following: 12,137
(1) Residents or domiciliaries of a foreign nation who 12,139
306
request admission as foreign exchange students; 12,140
(2) Residents or domiciliaries of the United States but 12,142
not of Ohio who request admission as participants in an exchange 12,143
program operated by a student exchange organization. 12,144
(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 12,146
3323.04, 3327.04, and 3327.06 of the Revised Code, a child may 12,147
attend school or participate in a special education program in a 12,148
school district other than in the district where the child is 12,149
entitled to attend school under division (B) of this section. 12,151
(I) This division does not apply to a child receiving 12,153
special education. 12,154
A school district required to pay tuition pursuant to 12,156
division (C)(2) or (3) of this section or section 3313.65 of the 12,157
Revised Code shall have an amount deducted under division (G) of 12,158
section 3317.023 of the Revised Code equal to its own tuition 12,159
rate for the same period of attendance. A school district 12,160
entitled to receive tuition pursuant to division (C)(2) or (3) of 12,161
this section or section 3313.65 of the Revised Code shall have an 12,162
amount credited under division (G) of section 3317.023 of the 12,163
Revised Code equal to its own tuition rate for the same period of 12,164
attendance. If the tuition rate credited to the district of 12,165
attendance exceeds the rate deducted from the district required 12,166
to pay tuition, the department of education shall pay the 12,167
district of attendance the difference from amounts deducted from 12,168
all districts' payments under division (G) of section 3317.023 of 12,169
the Revised Code but not credited to other school districts under 12,170
such division and from appropriations made for such purpose. The 12,171
treasurer of each school district shall, by the fifteenth day of 12,172
January and July, furnish the superintendent of public 12,173
instruction a report of the names of each child who attended the 12,174
district's schools under divisions (C)(2) and (3) of this section 12,175
or section 3313.65 of the Revised Code during the preceding six 12,176
calendar months, the duration of the attendance of those 12,177
children, the school district responsible for tuition on behalf 12,178
307
of the child, and any other information that the superintendent 12,179
requires. 12,180
Upon receipt of the report the superintendent, pursuant to 12,182
division (G) of section 3317.023 of the Revised Code, shall 12,183
deduct each district's tuition obligations under divisions (C)(2) 12,184
and (3) of this section or section 3313.65 of the Revised Code 12,185
and pay to the district of attendance that amount plus any amount 12,186
required to be paid by the state. 12,187
(J) In the event of a disagreement, the superintendent of 12,189
public instruction shall determine the school district in which 12,190
the parent resides. 12,191
(K) Nothing in this section requires or authorizes, or 12,193
shall be construed to require or authorize, the admission to a 12,194
public school in this state of a pupil who has been permanently 12,195
excluded from public school attendance by the superintendent of 12,196
public instruction pursuant to sections 3301.121 and 3313.662 of 12,197
the Revised Code. 12,198
Sec. 3313.672. (A)(1) At the time of his initial entry to 12,207
a public or nonpublic school, a pupil shall present to the person 12,208
in charge of admission any records given him THE PUPIL by the 12,209
public or nonpublic elementary or secondary school he THE PUPIL 12,210
most recently attended; a certified copy of an order or decree, 12,211
or modification of such an order or decree allocating parental 12,212
rights and responsibilities for the care of a child and, 12,213
designating a residential parent and legal custodian of the 12,214
child, as provided in division (B) of this section, if that type 12,215
of order or decree has been issued; and a certification of birth 12,216
issued pursuant to Chapter 3705. of the Revised Code, a 12,217
comparable certificate or certification issued pursuant to the 12,218
statutes of another state, territory, possession, or nation, or a 12,219
document in lieu of a certificate or certification as described 12,220
in divisions (A)(1)(a) to (e) of this section. Any of the 12,221
following shall be accepted in lieu of a certificate or 12,222
certification of birth by the person in charge of admission: 12,223
308
(a) A passport or attested transcript of a passport filed 12,225
with a registrar of passports at a point of entry of the United 12,226
States showing the date and place of birth of the child; 12,227
(b) An attested transcript of the certificate of birth; 12,229
(c) An attested transcript of the certificate of baptism 12,231
or other religious record showing the date and place of birth of 12,232
the child; 12,233
(d) An attested transcript of a hospital record showing 12,235
the date and place of birth of the child; 12,236
(e) A birth affidavit. 12,238
(2) Within twenty-four hours of the entry into the school 12,240
of a pupil described in division (A)(1) of this section, a school 12,241
official shall request the pupil's official records from the 12,242
public or nonpublic elementary or secondary school he THE PUPIL 12,243
most recently attended. If the public or nonpublic school the 12,244
pupil claims to have most recently attended indicates that it has 12,245
no record of the pupil's attendance or the records are not 12,246
received within fourteen days of the date of request, or if the 12,247
pupil does not present a certification of birth described in 12,248
division (A)(1) of this section, a comparable certificate or 12,249
certification from another state, territory, possession, or 12,250
nation, or another document specified in divisions (A)(1)(a) to 12,251
(d) of this section, the principal or chief administrative 12,252
officer of the school shall notify the law enforcement agency 12,253
having jurisdiction in the area where the pupil resides of this 12,254
fact and of the possibility that the pupil may be a missing 12,255
child, as defined in section 2901.30 of the Revised Code. 12,256
(B) Whenever an order or decree allocating parental rights 12,258
and responsibilities for the care of a child and designating a 12,259
residential parent and legal custodian of the child, including a 12,260
temporary order, is issued resulting from an action of divorce, 12,261
alimony, annulment, or dissolution of marriage, and the order or 12,262
decree pertains to a child who is a pupil in a public or 12,263
nonpublic school, the residential parent of the child shall 12,264
309
notify the school of those allocations and designations by 12,265
providing the person in charge of admission at the pupil's school 12,266
with a certified copy of the order or decree that made the 12,267
allocation and designation. Whenever there is a modification of 12,268
any order or decree allocating parental rights and 12,269
responsibilities for the care of a child and designating a 12,270
residential parent and legal custodian of the child that has been 12,271
submitted to a school, the residential parent shall provide the 12,272
person in charge of admission at the pupil's school with a 12,273
certified copy of the order or decree that makes the 12,274
modification. 12,275
(C) If, at the time of a pupil's initial entry to a public 12,277
or nonpublic school, the pupil is under the care of a shelter for 12,278
victims of domestic violence, as defined in section 3113.33 of 12,279
the Revised Code, the pupil or his THE PUPIL'S parent shall 12,280
notify the school of that fact. Upon being so informed, the 12,281
school shall inform the elementary or secondary school from which 12,282
it requests the pupil's records of that fact. 12,283
Sec. 3313.98. Notwithstanding division (D) of section 12,292
3311.19 and division (D) of section 3311.52 of the Revised Code, 12,293
the provisions of this section and sections 3313.981 to 3313.983 12,294
of the Revised Code that apply to a city school district do not 12,295
apply to a joint vocational or cooperative education school 12,296
district unless expressly specified. 12,297
(A) As used in this section and sections 3313.981 to 12,299
3313.983 of the Revised Code: 12,300
(1) "Parent" means either of the natural or adoptive 12,302
parents of a student, except under the following conditions: 12,303
(a) When the marriage of the natural or adoptive parents 12,305
of the student has been terminated by a divorce, dissolution of 12,306
marriage, or annulment or the natural or adoptive parents of the 12,307
student are living separate and apart under a legal separation 12,308
decree and the court has issued an order allocating the parental 12,309
rights and responsibilities with respect to the student, "parent" 12,310
310
means the EITHER OF THE FOLLOWING: 12,311
(i) THE residential parent as designated by the court 12,313
except that "parent" means either UNDER A DECREE ALLOCATING 12,315
PARENTAL RIGHTS AND RESPONSIBILITIES ISSUED PURSUANT TO FORMER 12,316
SECTION 3109.04 OF THE REVISED CODE;
(ii) EITHER parent when the court issues UNDER a shared 12,319
parenting decree ORDER OR UNDER A PARENTING DECREE ALLOCATING 12,320
PARENTING FUNCTIONS AND RESPONSIBILITIES PURSUANT TO SECTIONS 12,321
3109.40 TO 3109.62 OF THE REVISED CODE. 12,322
(b) When a court has granted temporary or permanent 12,324
custody of the student to an individual or agency other than 12,325
either of the natural or adoptive parents of the student, 12,326
"parent" means the legal custodian of the child. 12,327
(c) When a court has appointed a guardian for the student, 12,329
"parent" means the guardian of the student. 12,330
(2) "Native student" means a student entitled under 12,332
section 3313.64 or 3313.65 of the Revised Code to attend school 12,333
in a district adopting a resolution under this section. 12,334
(3) "Adjacent district" means a city, exempted village, or 12,336
local school district having territory that abuts the territory 12,337
of a district adopting a resolution under this section. 12,338
(4) "Adjacent district student" means a student entitled 12,340
under section 3313.64 or 3313.65 of the Revised Code to attend 12,341
school in an adjacent district. 12,342
(5) "Adjacent district joint vocational student" means an 12,344
adjacent district student who enrolls in a city, exempted 12,345
village, or local school district pursuant to this section and 12,346
who also enrolls in a joint vocational school district that does 12,347
not contain the territory of the district for which that student 12,348
is a native student and does contain the territory of the city, 12,349
exempted village, or local district in which the student enrolls. 12,350
(6) "Adjusted formula amount" means the dollar formula 12,352
amount specified in section 3317.022 of the Revised Code 12,353
multiplied by the cost-of-doing-business factor for a district 12,356
311
defined in division (E) of section 3317.02 of the Revised Code. 12,357
(7) "Poverty line" means the poverty line established by 12,359
the director of the United States office of management and budget 12,360
as revised by the director of the office of community services in 12,361
accordance with section 673(2) of the "Community Services Block 12,362
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. 12,363
(8) "IEP" means an individualized education program 12,365
defined by division (E) of section 3323.01 of the Revised Code. 12,366
(B) The board of education of each city, local, and 12,368
exempted village school district shall adopt a resolution 12,369
pertaining to enrollment of students from adjacent districts. The 12,371
resolution shall, beginning with the school year that begins July 12,372
1, 1993, either entirely prohibit the enrollment of students from 12,373
adjacent districts, other than students for whom tuition is paid 12,374
in accordance with section 3317.08 of the Revised Code, or shall 12,375
permit enrollment of students from all adjacent districts in 12,376
accordance with a policy contained in the resolution. A policy 12,377
permitting enrollment of students from adjacent districts shall 12,378
provide for all of the following:
(1) Application procedures, including deadlines for 12,380
application and for notification of students and the 12,381
superintendents of adjacent districts whenever an adjacent 12,382
district student's application is approved. 12,383
(2) Procedures for admitting applicants from adjacent 12,385
schools free of any tuition obligation to the district's schools, 12,386
including but not limited to: 12,387
(a) The establishment of district capacity limits by grade 12,389
level, school building, and education program; 12,390
(b) A requirement that all native students wishing to be 12,392
enrolled in the district will be enrolled and that any adjacent 12,393
district students previously enrolled in the district shall 12,394
receive preference over first-time applicants; 12,395
(c) Procedures to ensure that an appropriate racial 12,397
balance is maintained in the district schools. 12,398
312
(C) Except as provided in section 3313.982 of the Revised 12,400
Code, the procedures for admitting adjacent district students 12,401
shall not include: 12,402
(1) Any requirement of academic ability, or any level of 12,404
athletic, artistic, or other extracurricular skills; 12,405
(2) Limitations on admitting applicants because of 12,407
handicapping conditions, except that a board may refuse to admit 12,408
an adjacent district student receiving services under Chapter 12,409
3323. of the Revised Code, if the services described in the 12,410
student's IEP are not available in the district's schools; 12,411
(3) A requirement that the student be proficient in the 12,413
English language; 12,414
(4) Rejection of any applicant because the student has 12,416
been subject to disciplinary proceedings, except that if an 12,417
applicant has been suspended or expelled by the adjacent district 12,418
for ten consecutive days or more in the term for which admission 12,419
is sought or in the term immediately preceding the term for which 12,420
admission is sought, the procedures may include a provision 12,421
denying admission of such applicant. 12,422
(D) Each school board shall provide information about the 12,424
policy adopted under this section, including the application 12,425
procedures and deadlines, to the superintendent and the board of 12,426
education of each adjacent district and, upon request, to the 12,427
parent of any adjacent district student. 12,428
(E) Any school board shall accept all credits toward 12,430
graduation earned in adjacent district schools by an adjacent 12,431
district student or a native student. 12,432
(F)(1) No board of education may adopt a policy 12,434
discouraging or prohibiting its native students from applying to 12,435
enroll in the schools of an adjacent district that has adopted a 12,436
policy permitting such enrollment, except that: 12,437
(a) A district may object to the enrollment of a native 12,439
student in an adjacent district in order to maintain an 12,440
appropriate racial balance. 12,441
313
(b) The board of education of a district receiving funds 12,443
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, 12,444
may adopt a resolution objecting to the enrollment of its native 12,445
students in adjacent districts if at least ten per cent of its 12,446
students are included in the determination of the United States 12,447
secretary of education made under section 20 U.S.C.A. 238(a). 12,448
(2) If a board objects to enrollment of native students 12,450
under this division, any adjacent district shall refuse to enroll 12,451
such native students unless tuition is paid for the students in 12,452
accordance with section 3317.08 of the Revised Code. An adjacent 12,453
district enrolling such students may not receive funding for 12,454
those students in accordance with section 3313.981 of the Revised 12,455
Code. 12,456
(G) The state board of education shall monitor school 12,458
districts to ensure compliance with this section and the 12,459
districts' policies. The board may adopt rules requiring uniform 12,460
application procedures, deadlines for application, notification 12,461
procedures, and record keeping requirements for all school boards 12,462
that adopt policies permitting the enrollment of adjacent 12,463
district students. If the state board adopts such rules, no 12,464
school board shall adopt a policy that conflicts with those 12,465
rules. 12,466
(H) A resolution adopted by a board of education under 12,468
this section that entirely prohibits the enrollment of students 12,469
from adjacent school districts does not abrogate any agreement 12,470
entered into under section 3313.841 or 3313.92 of the Revised 12,471
Code or any contract entered into under section 3313.90 of the 12,472
Revised Code between the board of education adopting the 12,473
resolution and the board of education of any adjacent district or 12,474
prohibit these boards of education from entering into any such 12,475
agreement or contract. 12,476
(I) Nothing in this section shall be construed to permit 12,478
or require the board of education of a city, exempted village, or 12,479
local school district to exclude any native student of the 12,480
314
district from enrolling in the district. 12,481
Sec. 3319.321. (A) No person shall release, or permit 12,490
access to, the names or other personally identifiable information 12,491
concerning any students attending a public school to any person 12,492
or group for use in a profit-making plan or activity. 12,493
(B) No person shall release, or permit access to, 12,495
personally identifiable information other than directory 12,496
information concerning any student attending a public school, for 12,497
purposes other than those identified in division (C), (E), (G), 12,498
or (H) of this section, without the written consent of the 12,499
parent, guardian, or custodian of each such student who is less 12,500
than eighteen years of age, or without the written consent of 12,501
each such student who is eighteen years of age or older. 12,502
(1) For purposes of this section, "directory information" 12,504
includes a student's name, address, telephone listing, date and 12,505
place of birth, major field of study, participation in officially 12,506
recognized activities and sports, weight and height of members of 12,507
athletic teams, dates of attendance, date of graduation, and 12,508
awards received. 12,509
(2)(a) Except as provided in division (B)(2)(b) of this 12,512
section, no school district board of education shall impose any 12,513
restriction on the presentation of directory information that it 12,514
has designated as subject to release in accordance with the 12,515
"Family Educational Rights and Privacy Act of 1974," 88 Stat. 12,516
571, 20 U.S.C. 1232q, as amended, to representatives of the armed 12,517
forces, business, industry, charitable institutions, other 12,518
employers, and institutions of higher education unless such 12,519
restriction is uniformly imposed on each of these types of 12,520
representatives, except that if a student eighteen years of age 12,521
or older or a student's parent, guardian, or custodian has 12,522
informed the board that any or all such information should not be 12,523
released without such person's prior written consent, the board 12,524
shall not release that information without such person's prior 12,525
written consent. 12,526
315
(b) The names and addresses of students in grades ten 12,529
through twelve shall be released to a recruiting officer for any
branch of the United States armed forces who requests such 12,530
information, except that such data shall not be released if the 12,531
student or student's parent, guardian, or custodian submits to 12,532
the board a written request not to release such data. Any data 12,533
received by a recruiting officer shall be used solely for the 12,534
purpose of providing information to students regarding military 12,535
service and shall not be released to any person other than
individuals within the recruiting services of the armed forces. 12,536
(3) Except for directory information and except as 12,538
provided in division (E), (G), or (H) of this section, 12,539
information covered by this section that is released shall only 12,540
be transferred to a third or subsequent party on the condition 12,541
that such party will not permit any other party to have access to 12,542
such information without written consent of the parent, guardian, 12,543
or custodian, or of the student who is eighteen years of age or 12,544
older. 12,545
(4) Except as otherwise provided in this section, any 12,547
parent of a student may give the written parental consent 12,548
required under this section. Where parents are separated or 12,549
divorced, the written parental consent required under this 12,550
section may be obtained from either parent, subject to any 12,551
agreement between such parents or court order governing the 12,552
rights of such parents. In the case of a student whose legal 12,553
guardian is in an institution, a person independent of the 12,554
institution who has no other conflicting interests in the case 12,555
shall be appointed by the board of education of the school 12,556
district in which the institution is located to give the written 12,557
parental consent required under this section. 12,558
(5)(a) A EACH parent of a student who is not the student's 12,560
residential parent, upon request, shall be permitted access to 12,561
any records or information concerning the student under the same 12,562
terms and conditions under which access to the records or 12,563
316
information is available to the residential ANY parent of that A 12,565
student, provided that the access of the A parent who is not the 12,567
residential parent is subject to any agreement between the 12,568
parents, to division (F) of this section, and, to the extent 12,569
described in division (B)(5)(b) of this section, is subject to 12,570
any court order issued pursuant to FORMER section 3109.051 OR ANY 12,571
COURT ORDER CONTAINING A LIMITATION IN SECTION 3109.50 of the 12,572
Revised Code and any other court order governing the rights of 12,573
the parents. 12,574
(b) If the residential A parent of a student has presented 12,576
the keeper of a record or information that is related to the 12,577
student with a copy of an order issued under division (H)(1) of 12,578
FORMER section 3109.051 of the Revised Code OR A COPY OF AN ORDER 12,579
CONTAINING A LIMITATION UNDER SECTION 3109.50 OF THE REVISED CODE 12,580
that limits the terms and conditions under which the OTHER parent 12,582
who is not the residential parent of the student is to have 12,583
access to records and information pertaining to the student or 12,584
with a copy of any other court order governing the rights of the 12,585
parents that so limits those terms and conditions, and if the 12,586
order pertains to the record or information in question, the 12,587
keeper of the record or information shall provide access to the 12,588
OTHER parent who is not the residential parent only to the extent 12,589
authorized in the order. If the residential A parent has 12,590
presented the keeper of the record or information with such an 12,592
order THAT LIMITS THE TERMS AND CONDITIONS UNDER WHICH THE OTHER 12,593
PARENT IS TO HAVE ACCESS TO RECORDS AND INFORMATION PERTAINING TO 12,594
THE STUDENT, the keeper of the record shall permit the OTHER 12,595
parent who is not the residential parent to have access to the 12,597
record or information only in accordance with the most recent 12,598
such order that has been presented to the keeper by the 12,599
residential EITHER parent or the parent who is not the
residential parent. 12,601
(C) Nothing in this section shall limit the administrative 12,603
use of public school records by a person acting exclusively in 12,604
317
the person's capacity as an employee of a board of education or 12,605
of the state or any of its political subdivisions, any court, or 12,606
the federal government, and nothing in this section shall prevent 12,607
the transfer of a student's record to an educational institution 12,608
for a legitimate educational purpose. However, except as 12,609
provided in this section, public school records shall not be 12,610
released or made available for any other purpose. Fingerprints, 12,611
photographs, or records obtained pursuant to section 3313.96 or 12,612
3319.322 of the Revised Code, or pursuant to division (E) of this 12,613
section, or any medical, psychological, guidance, counseling, or 12,614
other information that is derived from the use of the 12,615
fingerprints, photographs, or records, shall not be admissible as 12,616
evidence against the minor who is the subject of the 12,617
fingerprints, photographs, or records in any proceeding in any 12,618
court. The provisions of this division regarding the 12,619
administrative use of records by an employee of the state or any 12,620
of its political subdivisions or of a court or the federal 12,621
government shall be applicable only when the use of the 12,622
information is required by a state statute adopted before 12,623
November 19, 1974, or by federal law. 12,624
(D) A board of education may require, subject to division 12,626
(E) of this section, a person seeking to obtain copies of public 12,627
school records to pay the cost of reproduction and, in the case 12,628
of data released under division (B)(2)(b) of this section, to pay 12,629
for any mailing costs, which payment shall not exceed the actual 12,631
cost to the school.
(E) A principal or chief administrative officer of a 12,633
public school, or any employee of a public school who is 12,634
authorized to handle school records, shall provide access to a 12,635
student's records to a law enforcement officer who indicates that 12,636
the officer is conducting an investigation and that the student 12,637
is or may be a missing child, as defined in section 2901.30 of 12,639
the Revised Code. Free copies of information in the student's 12,640
record shall be provided, upon request, to the law enforcement 12,641
318
officer, if prior approval is given by the student's parent, 12,642
guardian, or legal custodian. Information obtained by the 12,643
officer shall be used solely in the investigation of the case. 12,644
The information may be used by law enforcement agency personnel 12,645
in any manner that is appropriate in solving the case, including, 12,646
but not limited to, providing the information to other law 12,647
enforcement officers and agencies and to the bureau of criminal 12,648
identification and investigation for purposes of computer 12,649
integration pursuant to section 2901.30 of the Revised Code. 12,650
(F) No person shall release to a parent of a student who 12,652
is not the student's residential parent or to any other person, 12,653
or permit a parent of a student who is not the student's 12,654
residential parent or permit any other person to have access to, 12,655
any information about the location of any elementary or secondary 12,656
school to which a student has transferred or information that 12,657
would enable the parent who is not the student's residential 12,658
parent or the other person to determine the location of that 12,659
elementary or secondary school, if the elementary or secondary 12,660
school to which the student has transferred and that requested 12,661
the records of the student under section 3313.672 of the Revised 12,662
Code informs the elementary or secondary school from which the 12,663
student's records are obtained that the student is under the care 12,664
of a shelter for victims of domestic violence, as defined in 12,665
section 3113.33 of the Revised Code. 12,666
(G) A principal or chief administrative officer of a 12,668
public school, or any employee of a public school who is 12,669
authorized to handle school records, shall comply with any order 12,670
issued pursuant to division (D)(1) of section 2151.14 of the 12,671
Revised Code, any request for records that is properly made 12,672
pursuant to division (D)(3)(a) of section 2151.14 or division (A) 12,673
of section 2151.141 of the Revised Code, and any determination 12,674
that is made by a court pursuant to division (D)(3)(b) of section 12,675
2151.14 or division (B)(1) of section 2151.141 of the Revised 12,676
Code. 12,677
319
(H) Notwithstanding any provision of this section, a 12,679
principal of a public school, to the extent permitted by the 12,680
"Family Educational Rights and Privacy Act of 1974," shall make 12,681
the report required in section 3319.45 of the Revised Code that a 12,682
pupil committed any violation listed in division (A) of section 12,683
3313.662 of the Revised Code on property owned or controlled by, 12,684
or at an activity held under the auspices of, the board of 12,685
education, regardless of whether the pupil was sixteen years of 12,686
age or older. The principal is not required to obtain the 12,687
consent of the pupil who is the subject of the report or the 12,688
consent of the pupil's parent, guardian, or custodian before 12,689
making a report pursuant to section 3319.45 of the Revised Code. 12,690
Sec. 5101.31. (A) As used in this section: 12,699
(1) Child support enforcement agency" means an agency 12,701
designated as a child support enforcement agency under section 12,702
2301.25 of the Revised Code. 12,703
(2) "Law enforcement entity" means a public entity that 12,705
employs a law enforcement officer. 12,706
(B) The division of child support is hereby created in the 12,709
department of human services. The division shall establish and 12,710
administer a program of child support enforcement, which program 12,711
shall meet the requirements of Title IV-D of the "Social Security 12,712
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, and any 12,713
rules promulgated under Title IV-D. The program of child support 12,714
enforcement shall include, but not be limited to, the location of 12,715
absent parents, the establishment of parentage, the establishment 12,716
and modification of child support orders and medical support 12,717
orders, the enforcement of support orders, and the collection of 12,718
support obligations.
The department shall charge an application fee of up to 12,720
twenty-five dollars, as determined by rule adopted by the 12,721
department pursuant to Chapter 119. of the Revised Code, for 12,722
furnishing services under Title IV-D of the "Social Security 12,723
Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as amended, to persons 12,724
320
not receiving aid to dependent children. The department shall 12,725
adopt rules pursuant to Chapter 119. of the Revised Code 12,726
authorizing counties, at their option, to waive the payment of 12,727
the fee. The application fee, unless waived pursuant to rules 12,728
adopted by the department pursuant to this section, shall be paid 12,729
by those persons. 12,730
(C) The division of child support shall establish, by rule 12,732
adopted pursuant to Chapter 119. of the Revised Code, a program 12,733
of spousal support enforcement in conjunction with child support 12,734
enforcement. The program shall conform, to the extent 12,735
practicable, to the program for child support enforcement 12,736
established pursuant to division (B) of this section. 12,737
(D) The department of human services shall enter into an 12,739
agreement with the secretary of health and human services, as 12,740
authorized by the "Parental Kidnapping Prevention Act of 1980," 12,741
94 Stat. 3572, 42 U.S.C. 663, as amended, under which the 12,742
services of the parent locater service established pursuant to 12,743
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 12,744
U.S.C. 651, as amended, shall be made available to this state for 12,745
the purpose of determining the whereabouts of any absent parent 12,746
or child in order to enforce a law with respect to the unlawful 12,747
taking or restraint of a child, or to make or enforce a 12,748
determination as to the allocation, between the parents of a 12,749
child, of the parental rights and responsibilities, MADE PURSUANT 12,750
TO FORMER SECTION 3109.04 OF THE REVISED CODE OR OF THE PARENTING 12,751
FUNCTIONS AND RESPONSIBILITIES MADE PURSUANT TO SECTIONS 3109.40 12,752
TO 3109.62 OF THE REVISED CODE, for the care of a child and the 12,753
designation of the residential parent and legal custodian of a 12,754
child or otherwise as to the custody of a child. 12,755
(E) The division of child support shall not use any social 12,757
security number made available to it under section 3705.07 of the 12,758
Revised Code for any purpose other than child support 12,759
enforcement. 12,760
(F) Except as provided by the rules adopted pursuant to 12,762
321
this division, no person shall disclose information concerning 12,763
applicants for and recipients of Title IV-D support enforcement 12,764
program services provided by a child support enforcement agency. 12,765
The department of human services shall adopt rules governing 12,766
access to, and use and disclosure of, information concerning 12,767
applicants for and recipients of Title IV-D support enforcement 12,768
program services provided by a child support enforcement agency. 12,769
The rules shall be consistent with the requirements of Title IV-D 12,770
of the "Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C.
651, as amended, and any rules adopted under Title IV-D. 12,771
(G)(1) Except as provided in division (G)(2) of this 12,774
section, the department of human services shall have access to 12,775
any information in the possession of any officer, board,
commission, or agency of the state that would aid the department 12,776
in locating an absent parent or child pursuant to division (D) of 12,778
this section, unless release of the information is prohibited by 12,779
federal law.
(2) The department of taxation, the bureau of motor 12,781
vehicles, and a law enforcement entity shall provide information 12,782
the division of child support requests from the department, 12,783
bureau, or entity that will enable the division to locate a 12,784
parent the division or a child support enforcement agency is 12,785
seeking pursuant to child support enforcement activities. The 12,786
department, bureau, or entity may provide such information to a 12,787
child support enforcement agency at the agency's request or 12,788
require the agency to request that the division of child support 12,789
request the information for the agency. The division shall 12,790
request the information from the department, bureau, or entity on 12,792
the request of a child support enforcement agency.
The only information the department shall provide the 12,794
division or an agency under this section is the name and address 12,795
of a parent the division or agency is seeking. The information 12,796
the bureau or entity shall provide to the division or an agency 12,797
under this section is the information Title IV-D of the "Social 12,798
322
Security Act" requires the division or agency be able to receive. 12,799
The division or agency shall reimburse the department, 12,801
bureau, or entity for the cost of providing the information. If 12,803
the division requests the information for an agency, the agency 12,804
shall reimburse the division for reimbursing the department, 12,805
bureau, or entity.
Sec. 5101.324. (A) The department of human services, in 12,814
accordance with Chapter 119. of the Revised Code, shall adopt 12,815
rules governing a child support enforcement agency in 12,816
establishing a paternity compliance unit and in adopting a 12,817
paternity compliance plan pursuant to section 2301.357 of the 12,818
Revised Code. The rules shall include, but shall not be limited 12,819
to, provisions for the following: 12,820
(1) The procedure an agency shall follow to adopt and 12,822
submit a paternity plan to the department of human services; 12,823
(2) The information an agency shall include in its adopted 12,825
paternity compliance plan, including, but not limited to, the 12,826
manner in which the agency will service Title IV-D cases in 12,827
accordance with federally mandated timeframes and the manner in 12,828
which the agency intends to service more cases in order to meet 12,829
the federal requirements; 12,830
(3) A requirement that all plans adopted by an agency 12,832
include establishing a paternity compliance unit; 12,833
(4) Any other procedures or requirements the department 12,835
decides are necessary to adopt a paternity compliance plan and to 12,836
establish a paternity compliance unit. 12,837
(B) The department of human services shall report annually 12,839
to the speaker of the house of representatives and the president 12,840
of the senate regarding the paternity compliance plans and 12,841
paternity compliance units and the progress the county agencies 12,842
have made toward meeting the federal requirements for quickly and 12,843
efficiently establishing parent and child relationships due to 12,844
the paternity compliance plans and units. The report shall 12,845
include statistics on how long a case takes to establish 12,846
323
paternity and the result of each request for a determination of 12,847
the existence or nonexistence of paternity. 12,848
(C) The department of human services shall prepare 12,850
pamphlets that discuss the benefit of establishing a parent and 12,851
child relationship, the proper procedure for establishing a 12,852
parent and child relationship between a father and his child, and 12,853
a toll-free telephone number that interested persons may call for 12,854
more information regarding the procedures for establishing a 12,855
parent and child relationship. The department shall make 12,856
available the pamphlets to the department of health and to any 12,857
individual who requests a pamphlet. 12,858
(D)(1) The department of human services shall prepare an 12,860
acknowledgment of paternity statement that includes in boldface 12,861
type at the top of the statement the rights and responsibilities 12,862
of and the due process safeguards afforded to a person who 12,863
acknowledges that he is the natural father of a child, including 12,865
that if an alleged father acknowledges a parent and child 12,866
relationship he assumes the parental duty of support, that both 12,867
signators waive any right to a jury trial in order to ensure 12,868
expediency in resolving the question of the existence of a parent 12,869
and child relationship, and that the natural father has the right 12,870
to petition a court BRING AN ACTION pursuant to section 3109.12 12,871
3109.62 of the Revised Code for an order granting him reasonable 12,872
visitation with respect to ALLOCATING PARENTING FUNCTIONS AND 12,873
RESPONSIBILITIES FOR THE CARE OF the child and to petition the 12,874
court for custody of the child pursuant to section 2151.23 of the 12,875
Revised Code BETWEEN THE PARENTS. The statement shall include 12,877
basic instructions for completing the form, including 12,878
instructions that both the natural father and the mother or other 12,879
legal guardian or custodian of the child are required to sign the 12,880
statement before two competent and disinterested witnesses who 12,881
are eighteen years of age or older. The statement shall include 12,882
signature lines for the mother or other legal guardian or 12,883
custodian of the child, the natural father, and each witness. 12,884
324
(2) The department of human services shall prepare an 12,886
agreement to genetic testing statement that includes a statement 12,887
that the mother and the alleged natural father agree to be bound 12,888
by the results of genetic testing, that both signators waive any 12,889
right to a jury trial in order to ensure expediency in resolving 12,890
the question of the existence of a parent and child relationship, 12,891
that if the results of the genetic testing show a ninety-five per 12,892
cent or greater probability that the alleged father is the 12,893
natural father of the child, the administrative officer of the 12,894
child support enforcement agency will issue an administrative 12,895
order determining the existence of a parent and child 12,896
relationship, that if the results show a less than ninety-five 12,897
per cent probability that the alleged father is the natural 12,898
father of the child but do not exclude him as the father, the 12,899
administrative officer will issue an administrative order stating 12,900
that the results are inconclusive as to whether the alleged 12,901
natural father is the natural father of the child, and, if the 12,902
results of genetic testing exclude the alleged natural father as 12,903
the natural father of the child, the agency will issue an order 12,904
determining the nonexistence of a parent and child relationship, 12,905
that if the agency determines a parent and child relationship 12,906
exists between the alleged father and the child, the father 12,907
assumes the parental duty of support and he may be required to 12,908
pay child support, and that if a parent and child relationship 12,909
exists between the alleged father and the child, the father has 12,910
the right to petition a court BRING AN ACTION pursuant to section 12,912
3109.12 3109.62 of the Revised Code for an order granting him 12,913
reasonable visitation with respect to ALLOCATING PARENTING 12,914
FUNCTIONS AND RESPONSIBILITIES FOR THE CARE OF the child and to 12,915
petition the court for custody of the child pursuant to section 12,916
2151.23 of the Revised Code BETWEEN THE PARENTS. The statement 12,918
shall include basic instructions for completing the agreement, 12,919
including that both the mother and the alleged natural father 12,920
must sign the agreement before two competent and disinterested 12,921
325
witnesses who are eighteen years of age or older. The statement 12,922
shall include signature lines for the mother, the alleged natural 12,923
father, and each witness.
(3) The department of human services shall make available 12,925
the statement acknowledging paternity and the agreement to 12,926
genetic testing to each county child support enforcement agency, 12,927
the department of health, and any other person or agency that 12,928
requests copies. 12,929
Sec. 5104.011. (A) The director of human services shall 12,938
promulgate rules pursuant to Chapter 119. of the Revised Code 12,939
governing the operation of child day-care centers, including, but 12,940
not limited to, parent cooperative centers, part-time centers, 12,941
drop-in centers, and school child centers, which rules shall 12,942
reflect the various forms of child day-care and the needs of 12,943
children receiving child day-care or publicly funded child 12,944
day-care and, no later than January 1, 1992, shall include 12,945
specific rules for school child day-care centers that are 12,946
developed in consultation with the department of education. The 12,947
rules shall not require an existing school facility that is in 12,948
compliance with applicable building codes to undergo an 12,949
additional building code inspection or to have structural 12,950
modifications. The rules shall include the following: 12,951
(1) Submission of a site plan and descriptive plan of 12,953
operation to demonstrate how the center proposes to meet the 12,954
requirements of this chapter and rules promulgated pursuant to 12,955
this chapter for the initial license application; 12,956
(2) Standards for ensuring that the physical surroundings 12,958
of the center are safe and sanitary including, but not limited 12,959
to, the physical environment, the physical plant, and the 12,960
equipment of the center; 12,961
(3) Standards for the supervision, care, and discipline of 12,963
children receiving child day-care or publicly funded child 12,964
day-care in the center; 12,965
(4) Standards for a program of activities, and for play 12,967
326
equipment, materials, and supplies, to enhance the development of 12,968
each child; however, any educational curricula, philosophies, and 12,969
methodologies that are developmentally appropriate and that 12,970
enhance the social, emotional, intellectual, and physical 12,971
development of each child shall be permissible. As used in this 12,972
division, "program" does not include instruction in religious or 12,973
moral doctrines, beliefs, or values that is conducted at child 12,974
day-care centers owned and operated by churches and does include 12,975
methods of disciplining children at child day-care centers. 12,976
(5) Admissions policies and procedures, health care 12,978
policies and procedures, including, but not limited to, 12,979
procedures for the isolation of children with communicable 12,980
diseases, first aid and emergency procedures, procedures for 12,981
discipline and supervision of children, standards for the 12,982
provision of nutritious meals and snacks, and procedures for 12,983
screening children and employees, including, but not limited to, 12,984
any necessary physical examinations and immunizations; 12,985
(6) Methods for encouraging parental participation in the 12,987
center and methods for ensuring that the rights of children, 12,988
parents, and employees are protected and that responsibilities of 12,989
parents and employees are met; 12,990
(7) Procedures for ensuring the safety and adequate 12,992
supervision of children traveling off the premises of the center 12,993
while under the care of a center employee; 12,994
(8) Procedures for record keeping, organization, and 12,996
administration; 12,997
(9) Procedures for issuing, renewing, denying, and 12,999
revoking a license that are not otherwise provided for in Chapter 13,000
119. of the Revised Code; 13,001
(10) Inspection procedures; 13,003
(11) Procedures and standards for setting initial and 13,005
renewal license application fees; 13,006
(12) Procedures for receiving, recording, and responding 13,008
to complaints about centers; 13,009
327
(13) Procedures for enforcing section 5104.04 of the 13,011
Revised Code; 13,012
(14) A standard requiring the inclusion, on and after July 13,014
1, 1987, of a current department of human services toll-free 13,015
telephone number on each center provisional license or license 13,016
which any person may use to report a suspected violation by the 13,017
center of this chapter or rules promulgated pursuant to this 13,018
chapter; 13,019
(15) Requirements for the training of administrators and 13,021
child-care staff members in first aid, in prevention, 13,022
recognition, and management of communicable diseases, and in 13,023
child abuse recognition and prevention. Training requirements 13,024
for child day-care centers adopted under this division shall be 13,025
consistent with divisions (B)(6) and (C)(1) of this section. 13,026
(16) Procedures to be used by licensees for checking the 13,028
references of potential employees of centers and procedures to be 13,029
used by the director for checking the references of applicants 13,030
for licenses to operate centers; 13,031
(17) Standards providing for the special needs of children 13,033
who are handicapped or who require treatment for health 13,034
conditions while the child is receiving child day-care or 13,035
publicly funded child day-care in the center; 13,036
(18) Any other procedures and standards necessary to carry 13,038
out this chapter. 13,039
(B)(1) The child day-care center shall have, for each 13,041
child for whom the center is licensed, at least thirty-five 13,042
square feet of usable indoor floor space wall-to-wall regularly 13,043
available for the child day-care operation exclusive of any parts 13,044
of the structure in which the care of children is prohibited by 13,045
law or by rules adopted by the board of building standards. The 13,046
minimum of thirty-five square feet of usable indoor floor space 13,047
shall not include hallways, kitchens, storage areas, or any other 13,048
areas that are not available for the care of children, as 13,049
determined by the director, in meeting the space requirement of 13,050
328
this division, and bathrooms shall be counted in determining 13,051
square footage only if they are used exclusively by children 13,052
enrolled in the center, except that the exclusion of hallways, 13,053
kitchens, storage areas, bathrooms not used exclusively by 13,054
children enrolled in the center, and any other areas not 13,055
available for the care of children from the minimum of 13,056
thirty-five square feet of usable indoor floor space shall not 13,057
apply to: 13,058
(a) Centers licensed prior to or on September 1, 1986, 13,060
that continue under licensure after that date; 13,061
(b) Centers licensed prior to or on September 1, 1986, 13,063
that are issued a new license after that date solely due to a 13,064
change of ownership of the center. 13,065
(2) The child day-care center shall have on the site a 13,067
safe outdoor play space which is enclosed by a fence or otherwise 13,068
protected from traffic or other hazards. The play space shall 13,069
contain not less than sixty square feet per child using such 13,070
space at any one time, and shall provide an opportunity for 13,071
supervised outdoor play each day in suitable weather. The 13,072
director may exempt a center from the requirement of this 13,073
division, if an outdoor play space is not available and if all of 13,074
the following are met: 13,075
(a) The center provides an indoor recreation area that has 13,077
not less than sixty square feet per child using the space at any 13,078
one time, that has a minimum of one thousand four hundred forty 13,079
square feet of space, and that is separate from the indoor space 13,080
required under division (B)(1) of this section. 13,081
(b) The director has determined that there is regularly 13,083
available and scheduled for use a conveniently accessible and 13,084
safe park, playground, or similar outdoor play area for play or 13,085
recreation. 13,086
(c) The children are closely supervised during play and 13,088
while traveling to and from the area. 13,089
The director also shall exempt from the requirement of this 13,091
329
division a child day-care center that was licensed prior to 13,092
September 1, 1986, if the center received approval from the 13,093
director prior to September 1, 1986, to use a park, playground, 13,094
or similar area, not connected with the center, for play or 13,095
recreation in lieu of the outdoor space requirements of this 13,096
section and if the children are closely supervised both during 13,097
play and while traveling to and from the area and except if the 13,098
director determines upon investigation and inspection pursuant to 13,099
section 5104.04 of the Revised Code and rules promulgated 13,100
pursuant to that section that the park, playground, or similar 13,101
area, as well as access to and from the area, is unsafe for the 13,102
children. 13,103
(3) The child day-care center shall have at least two 13,105
responsible adults available on the premises at all times when 13,106
seven or more children are in the center. The center shall 13,107
organize the children in the center in small groups, shall 13,108
provide child-care staff to give continuity of care and 13,109
supervision to the children on a day-by-day basis, and shall 13,110
ensure that no child is left alone or unsupervised. Except as 13,111
otherwise provided in division (E) of this section, the maximum 13,112
number of children per child-care staff member and maximum group 13,113
size, by age category of children, are as follows: 13,114
Maximum Number of 13,116
Children Per Maximum 13,117
Age Category Child-Care Group 13,118
of Children Staff Member Size 13,119
(a) Infants: 13,120
(i) Less than twelve 13,121
months old 5:1, or 13,122
12:2 if two 13,123
child-care 13,124
staff members 13,125
are in the room 12 13,126
(ii) At least twelve 13,127
330
months old, but 13,128
less than eighteen 13,129
months old 6:1 12 13,130
(b) Toddlers: 13,131
(i) At least eighteen 13,132
months old, but 13,133
less than thirty 13,134
months old 7:1 14 13,135
(ii) At least thirty months 13,136
old, but less than 13,137
three years old 8:1 16 13,138
(c) Pre-school children: 13,139
(i) Three years old 12:1 24 13,140
(ii) Four years old and 13,141
five years old who 13,142
are not school 13,143
children 14:1 28 13,144
(d) School children: 13,145
(i) A child who is 13,146
enrolled in or is 13,147
eligible to be 13,148
enrolled in a grade 13,149
of kindergarten 13,150
or above, but 13,151
is less than 13,152
eleven years old 18:1 36 13,154
(ii) Eleven through fourteen 13,155
years old 20:1 40 13,156
Except as otherwise provided in division (E) of this 13,159
section, the maximum number of children per child-care staff 13,160
member and maximum group size requirements of the younger age 13,161
group shall apply when age groups are combined. 13,162
(4)(a) The child day-care center administrator shall show 13,164
the director both of the following: 13,165
331
(i) Evidence of at least high school graduation or 13,167
certification of high school equivalency by the state board of 13,168
education or the appropriate agency of another state; 13,169
(ii) Evidence of having completed at least two years of 13,171
training in an accredited college, university, or technical 13,172
college, including courses in child development or early 13,173
childhood education, or at least two years of experience in 13,174
supervising and giving daily care to children attending an 13,175
organized group program. 13,176
(b) In addition to the requirements of division (B)(4)(a) 13,178
of this section, any administrator employed or designated on or 13,179
after September 1, 1986, shall show evidence of, and any 13,180
administrator employed or designated prior to September 1, 1986, 13,181
shall show evidence within six years after such date of, at least 13,182
one of the following: 13,183
(i) Two years of experience working as a child-care staff 13,185
member in a center and at least four courses in child development 13,186
or early childhood education from an accredited college, 13,187
university, or technical college, except that a person who has 13,188
two years of experience working as a child-care staff member in a 13,189
particular center and who has been promoted to or designated as 13,190
administrator of that center shall have one year from the time 13,191
the person was promoted to or designated as administrator to 13,192
complete the required four courses; 13,193
(ii) Two years of training, including at least four 13,195
courses in child development or early childhood education from an 13,196
accredited college, university, or technical college; 13,197
(iii) A child development associate credential issued by 13,199
the national child development associate credentialing 13,200
commission; 13,201
(iv) An associate or higher degree in child development or 13,203
early childhood education from an accredited college, technical 13,204
college, or university, or a license designated for teaching in 13,205
an associate teaching position in a preschool setting issued by 13,206
332
the state board of education. 13,207
(5) All child-care staff members of a child day-care 13,209
center shall be at least eighteen years of age, and shall furnish 13,210
the director evidence of at least high school graduation or 13,211
certification of high school equivalency by the state board of 13,212
education or the appropriate agency of another state or evidence 13,213
of completion of a training program approved by the department of 13,214
human services or state board of education, except as follows: 13,215
(a) A child-care staff member may be less than eighteen 13,217
years of age if the staff member is either of the following: 13,218
(i) A graduate of a two-year vocational child-care 13,220
training program approved by the state board of education; 13,221
(ii) A student enrolled in the second year of a vocational 13,223
child-care training program approved by the state board of 13,224
education which leads to high school graduation, provided that 13,225
the student performs the student's duties in the child day-care 13,227
center under the continuous supervision of an experienced
child-care staff member, receives periodic supervision from the 13,228
vocational child-care training program teacher-coordinator in the 13,229
student's high school, and meets all other requirements of this 13,230
chapter and rules promulgated pursuant to this chapter. 13,231
(b) A child-care staff member shall be exempt from the 13,233
educational requirements of this division if the staff member: 13,235
(i) Prior to January 1, 1972, was employed or designated 13,237
by a child day-care center and has been continuously employed 13,238
since either by the same child day-care center employer or at the 13,239
same child day-care center; or 13,240
(ii) Is a student enrolled in the second year of a 13,242
vocational child-care training program approved by the state 13,243
board of education which leads to high school graduation, 13,244
provided that the student performs the student's duties in the 13,246
child day-care center under the continuous supervision of an
experienced child-care staff member, receives periodic 13,247
supervision from the vocational child-care training program 13,248
333
teacher-coordinator in the student's high school, and meets all 13,250
other requirements of this chapter and rules promulgated pursuant
to this chapter. 13,251
(6) Every child day-care staff member of a child day-care 13,253
center annually shall complete fifteen hours of inservice 13,254
training in child development or early childhood education, child 13,255
abuse recognition and prevention, first aid, and in prevention, 13,256
recognition, and management of communicable diseases, until a 13,257
total of forty-five hours of training has been completed, unless 13,258
the staff member furnishes one of the following to the director: 13,260
(a) Evidence of an associate or higher degree in child 13,262
development or early childhood education from an accredited 13,263
college, university, or technical college; 13,264
(b) A license designated for teaching in an associate 13,266
teaching position in a preschool setting issued by the state 13,267
board of education;
(c) Evidence of a child development associate credential; 13,269
(d) Evidence of a preprimary credential from the American 13,271
Montessori society or the association Montessori international. 13,272
For the purposes of division (B)(6) of this section, "hour" means 13,273
sixty minutes. 13,274
(7) The administrator of each child day-care center shall 13,276
prepare at least once annually and for each group of children at 13,277
the center a roster of names and telephone numbers of parents, 13,278
custodians, or guardians of each group of children attending the 13,279
center and upon request shall furnish the roster for each group 13,280
to the parents, custodians, or guardians of the children in that 13,281
group. The administrator may prepare a roster of names and 13,282
telephone numbers of all parents, custodians, or guardians of 13,283
children attending the center and upon request shall furnish the 13,284
roster to the parents, custodians, or guardians of the children 13,285
who attend the center. The administrator shall not include in 13,286
any roster the name or telephone number of any parent, custodian, 13,287
or guardian who requests the administrator not to include the 13,288
334
parent's, custodian's, or guardian's name or number and shall not 13,289
furnish any roster to any person other than a parent, custodian, 13,290
or guardian of a child who attends the center. 13,291
(C)(1) Each child day-care center shall have on the center 13,293
premises and readily available at all times at least one 13,294
child-care staff member who has completed a course in first aid 13,295
and in prevention, recognition, and management of communicable 13,296
diseases which is approved by the state department of health and 13,297
a staff member who has completed a course in child abuse 13,298
recognition and prevention training which is approved by the 13,299
department of human services. 13,300
(2) The administrator of each child day-care center shall 13,302
maintain enrollment, health, and attendance records for all 13,303
children attending the center and health and employment records 13,304
for all center employees. The records shall be confidential, 13,305
except as otherwise provided in division (B)(7) of this section 13,306
and except that they shall be disclosed by the administrator to 13,307
the director upon request for the purpose of administering and 13,308
enforcing this chapter and rules adopted pursuant to this 13,309
chapter. Neither the center nor the licensee, administrator, or 13,310
employees of the center shall be civilly or criminally liable in 13,311
damages or otherwise for records disclosed to the director by the 13,312
administrator pursuant to this division. It shall be a defense 13,313
to any civil or criminal charge based upon records disclosed by 13,314
the administrator to the director that the records were disclosed 13,315
pursuant to this division. 13,316
(3)(a) Any EACH parent who is the residential parent and 13,318
legal custodian of a child enrolled in a child day-care center 13,320
and any custodian or guardian of such a child shall be permitted 13,321
unlimited access to the center during its hours of operation for 13,322
the purposes of contacting their children, evaluating the care 13,323
provided by the center, evaluating the premises of the center, or 13,324
for other purposes approved by the director. A parent of a child 13,325
enrolled in a child day-care center who is not the child's 13,326
335
residential parent shall be permitted unlimited access to the 13,327
center during its hours of operation for those purposes under the 13,328
same terms and conditions under which the residential parent of 13,329
that child is permitted access to the center for those purposes. 13,330
However, the access of the A parent who is not the residential 13,332
parent is subject to any agreement between the UNMARRIED parents 13,334
OF A CHILD and, to the extent described in division (C)(3)(b) of 13,335
this section, is subject to any terms and conditions limiting the 13,336
right of access of the A parent who is not the residential 13,337
parent, as described in division (I) of FORMER section 3109.051 13,339
OR SECTION 3109.50 of the Revised Code, that are contained in a 13,341
visitation order or decree issued under that FORMER section 13,342
3109.051 OR 3109.12 OF THE REVISED CODE, section 3109.11 3109.59, 13,343
3109.60, or 3109.12 3109.61 of the Revised Code, or any other 13,345
provision of the Revised Code.
(b) If a parent who is the residential parent of a child 13,347
has presented the administrator or the administrator's designee 13,349
with a copy of a visitation AN order ISSUED UNDER DIVISION (I) OF 13,350
FORMER SECTION 3109.051 OR A COPY OF AN ORDER CONTAINING A 13,351
LIMITATION UNDER SECTION 3109.50 OF THE REVISED CODE that limits 13,352
the terms and conditions under which the OTHER parent who is not 13,353
the residential parent is to have access to the center, as 13,355
described in division (I) of section 3109.051 of the Revised 13,356
Code, the OTHER parent who is not the residential parent shall be 13,358
provided access to the center only to the extent authorized in 13,359
the order. If the residential A parent has presented such an 13,361
order, the OTHER parent who is not the residential parent shall 13,362
be permitted access to the center only in accordance with the 13,363
most recent order that has been presented to the administrator or 13,364
the administrator's designee by the residential EITHER parent or 13,366
the parent who is not the residential parent. 13,367
(c) Upon entering the premises pursuant to division 13,369
(C)(3)(a) or (b) of this section, the parent who is the 13,370
residential parent and legal custodian, the parent who is not the 13,371
336
residential parent, or the A PARENT, custodian, or guardian shall 13,373
notify the administrator or the administrator's designee of the 13,375
parent's, custodian's, or guardian's presence.
(D) The director of human services, in addition to the 13,377
rules adopted under division (A) of this section, shall adopt 13,378
rules establishing minimum requirements for child day-care 13,379
centers. The rules shall include, but not be limited to, the 13,380
requirements set forth in divisions (B) and (C) of this section. 13,381
Except as provided in section 5104.07 of the Revised Code, the 13,382
rules shall not change the square footage requirements of 13,383
division (B)(1) or (2) of this section; the maximum number of 13,384
children per child-care staff member and maximum group size 13,385
requirements of division (B)(3) of this section; the educational 13,386
and experience requirements of division (B)(4) of this section; 13,387
the age, educational, and experience requirements of division 13,388
(B)(5) of this section; the number of inservice training hours 13,389
required under division (B)(6) of this section; or the 13,390
requirement for at least annual preparation of a roster for each 13,391
group of children of names and telephone numbers of parents, 13,392
custodians, or guardians of each group of children attending the 13,393
center that must be furnished upon request to any parent, 13,394
custodian, or guardian of any child in that group required under 13,395
division (B)(7) of this section; however, the rules shall provide 13,396
procedures for determining compliance with those requirements. 13,397
(E)(1) When age groups are combined, the maximum number of 13,399
children per child-care staff member shall be determined by the 13,400
age of the youngest child in the group, except that when no more 13,401
than one child thirty months of age or older receives services in 13,402
a group in which all the other children are in the next older age 13,403
group, the maximum number of children per child-care staff member 13,404
and maximum group size requirements of the older age group 13,405
established under division (B)(3) of this section shall apply. 13,406
(2) The maximum number of toddlers or pre-school children 13,408
per child-care staff member in a room where children are napping 13,409
337
shall be twice the maximum number of children per child-care 13,410
staff member established under division (B)(3) of this section if 13,411
all the following criteria are met: 13,412
(a) At least one child-care staff member is present in the 13,414
room. 13,415
(b) Sufficient child-care staff members are on the child 13,417
day-care center premises to meet the maximum number of children 13,418
per child-care staff member requirements established under 13,419
division (B)(3) of this section. 13,420
(c) Naptime preparations are complete and all napping 13,422
children are resting or sleeping on cots. 13,423
(d) The maximum number established under division (E)(2) 13,425
of this section is in effect for no more than one and one-half 13,426
hours during a twenty-four-hour day. 13,427
(F) The director of human services shall promulgate rules 13,429
pursuant to Chapter 119. of the Revised Code governing the 13,430
operation of type A family day-care homes, including, but not 13,431
limited to, parent cooperative type A homes, part-time type A 13,432
homes, drop-in type A homes, and school child type A homes, which 13,433
shall reflect the various forms of child day-care and the needs 13,434
of children receiving child day-care. The rules shall include 13,435
the following: 13,436
(1) Submission of a site plan and descriptive plan of 13,438
operation to demonstrate how the type A home proposes to meet the 13,439
requirements of this chapter and rules promulgated pursuant to 13,440
this chapter for the initial license application; 13,441
(2) Standards for ensuring that the physical surroundings 13,443
of the type A home are safe and sanitary, including, but not 13,444
limited to, the physical environment, the physical plant, and the 13,445
equipment of the type A home; 13,446
(3) Standards for the supervision, care, and discipline of 13,448
children receiving child day-care or publicly funded child 13,449
day-care in the type A home; 13,450
(4) Standards for a program of activities, and for play 13,452
338
equipment, materials, and supplies, to enhance the development of 13,453
each child; however, any educational curricula, philosophies, and 13,454
methodologies that are developmentally appropriate and that 13,455
enhance the social, emotional, intellectual, and physical 13,456
development of each child shall be permissible; 13,457
(5) Admissions policies and procedures, health care 13,459
policies and procedures, including, but not limited to, 13,460
procedures for the isolation of children with communicable 13,461
diseases, first aid and emergency procedures, procedures for 13,462
discipline and supervision of children, standards for the 13,463
provision of nutritious meals and snacks, and procedures for 13,464
screening children and employees, including, but not limited to, 13,465
any necessary physical examinations and immunizations; 13,466
(6) Methods for encouraging parental participation in the 13,468
type A home and methods for ensuring that the rights of children, 13,469
parents, and employees are protected and that the 13,470
responsibilities of parents and employees are met; 13,471
(7) Procedures for ensuring the safety and adequate 13,473
supervision of children traveling off the premises of the type A 13,474
home while under the care of a type A home employee; 13,475
(8) Procedures for record keeping, organization, and 13,477
administration; 13,478
(9) Procedures for issuing, renewing, denying, and 13,480
revoking a license that are not otherwise provided for in Chapter 13,481
119. of the Revised Code; 13,482
(10) Inspection procedures; 13,484
(11) Procedures and standards for setting initial and 13,486
renewal license application fees; 13,487
(12) Procedures for receiving, recording, and responding 13,489
to complaints about type A homes; 13,490
(13) Procedures for enforcing section 5104.04 of the 13,492
Revised Code; 13,493
(14) A standard requiring the inclusion, on or after July 13,495
1, 1987, of a current department of human services toll-free 13,496
339
telephone number on each type A home provisional license or 13,497
license which any person may use to report a suspected violation 13,498
by the type A home of this chapter or rules promulgated pursuant 13,499
this chapter; 13,500
(15) Requirements for the training of administrators and 13,502
child-care staff members in first aid, in prevention, 13,503
recognition, and management of communicable diseases, and in 13,504
child abuse recognition and prevention; 13,505
(16) Procedures to be used by licensees for checking the 13,507
references of potential employees of type A homes and procedures 13,508
to be used by the director for checking the references of 13,509
applicants for licenses to operate type A homes; 13,510
(17) Standards providing for the special needs of children 13,512
who are handicapped or who require treatment for health 13,513
conditions while the child is receiving child day-care or 13,514
publicly funded child day-care in the type A home; 13,515
(18) Standards for the maximum number of children per 13,517
child-care staff member; 13,518
(19) Requirements for the amount of usable indoor floor 13,520
space for each child; 13,521
(20) Requirements for safe outdoor play space; 13,523
(21) Qualifications and training requirements for 13,525
administrators and for child-care staff members; 13,526
(22) Procedures for granting a parent who is the 13,528
residential parent and legal custodian, or a custodian or 13,529
guardian access to the type A home during its hours of operation; 13,530
(23) Standards for the preparation and distribution of a 13,532
roster of parents, custodians, and guardians; 13,533
(24) Any other procedures and standards necessary to carry 13,535
out this chapter. 13,536
(G) The director of human services shall promulgate rules 13,538
pursuant to Chapter 119. of the Revised Code governing the 13,539
certification of type B family day-care homes. The rules shall 13,540
include procedures, standards, and other necessary provisions for 13,541
340
granting limited certification to type B family day-care homes 13,542
that are operated by adult providers who provide child day-care 13,543
for eligible children who are great-grandchildren, grandchildren, 13,544
nieces, nephews, or siblings of the provider or for eligible 13,545
children whose caretaker parent is a grandchild, child, niece, 13,546
nephew, or sibling of the provider. The rules shall require, and 13,547
shall include procedures for the director to ensure, that type B 13,548
family day-care homes that receive a limited certification 13,549
provide child day-care to children in a safe and sanitary manner. 13,550
With regard to providers who apply for limited certification, a 13,551
provider shall be granted a provisional limited certification on 13,552
signing a declaration under oath attesting that the provider 13,553
meets the standards for limited certification. Such provisional 13,554
limited certifications shall remain in effect for no more than 13,555
sixty calendar days and shall entitle the provider to offer 13,556
publicly funded child day-care during the provisional period. 13,557
Prior to the expiration of the provisional limited certificate, a 13,558
county department of human services shall inspect the home and 13,559
shall grant limited certification to the provider if the provider 13,560
meets the requirements of this division. Limited certificates 13,561
remain valid for two years unless earlier revoked. Providers 13,562
operating under limited certification shall be inspected 13,563
annually.
The rules shall provide for safeguarding the health, 13,565
safety, and welfare of children receiving child day-care or 13,566
publicly funded child day-care in a certified type B home and 13,567
shall include the following: 13,568
(1) Standards for ensuring that the type B home and the 13,570
physical surroundings of the type B home are safe and sanitary, 13,571
including, but not limited to, physical environment, physical 13,572
plant, and equipment; 13,573
(2) Standards for the supervision, care, and discipline of 13,575
children receiving child day-care or publicly funded child 13,576
day-care in the home; 13,577
341
(3) Standards for a program of activities, and for play 13,579
equipment, materials, and supplies to enhance the development of 13,580
each child; however, any educational curricula, philosophies, and 13,581
methodologies that are developmentally appropriate and that 13,582
enhance the social, emotional, intellectual, and physical 13,583
development of each child shall be permissible; 13,584
(4) Admission policies and procedures, health care, first 13,586
aid and emergency procedures, procedures for the care of sick 13,587
children, procedures for discipline and supervision of children, 13,588
nutritional standards, and procedures for screening children and 13,589
authorized providers, including, but not limited to, any 13,590
necessary physical examinations and immunizations; 13,591
(5) Methods of encouraging parental participation and 13,593
ensuring that the rights of children, parents, and authorized 13,594
providers are protected and the responsibilities of parents and 13,595
authorized providers are met; 13,596
(6) Standards for the safe transport of children when 13,598
under the care of authorized providers; 13,599
(7) Procedures for issuing, renewing, denying, refusing to 13,601
renew, or revoking certificates; 13,602
(8) Procedures for the inspection of type B family 13,604
day-care homes that require, at a minimum, that each type B 13,605
family day-care home be inspected prior to certification to 13,606
ensure that the home is safe and sanitary; 13,607
(9) Procedures for record keeping and evaluation; 13,609
(10) Procedures for receiving, recording, and responding 13,611
to complaints; 13,612
(11) Standards providing for the special needs of children 13,614
who are handicapped or who receive treatment for health 13,615
conditions while the child is receiving child day-care or 13,616
publicly funded child day-care in the type B home; 13,617
(12) Requirements for the amount of usable indoor floor 13,619
space for each child; 13,620
(13) Requirements for safe outdoor play space; 13,622
342
(14) Qualification and training requirements for 13,624
authorized providers; 13,625
(15) Procedures for granting a parent who is the 13,627
residential parent and legal custodian, or a custodian or 13,628
guardian access to the type B home during its hours of operation; 13,629
(16) Any other procedures and standards necessary to carry 13,631
out this chapter. 13,632
(H) The director shall promulgate rules pursuant to 13,634
Chapter 119. of the Revised Code governing the certification of 13,635
in-home aides. The rules shall include procedures, standards, 13,636
and other necessary provisions for granting limited certification 13,637
to in-home aides who provide child day-care for eligible children 13,638
who are great-grandchildren, grandchildren, nieces, nephews, or 13,639
siblings of the in-home aide or for eligible children whose 13,640
caretaker parent is a grandchild, child, niece, nephew, or 13,641
sibling of the in-home aide. The rules shall require, and shall 13,642
include procedures for the director to ensure, that in-home aides 13,643
that receive a limited certification provide child day-care to 13,644
children in a safe and sanitary manner. The rules shall provide 13,645
for safeguarding the health, safety, and welfare of children 13,646
receiving publicly funded child day-care in their own home and 13,647
shall include the following: 13,648
(1) Standards for ensuring that the child's home and the 13,650
physical surroundings of the child's home are safe and sanitary, 13,651
including, but not limited to, physical environment, physical 13,652
plant, and equipment; 13,653
(2) Standards for the supervision, care, and discipline of 13,655
children receiving publicly funded child day-care in their own 13,656
home; 13,657
(3) Standards for a program of activities, and for play 13,659
equipment, materials, and supplies to enhance the development of 13,660
each child; however, any educational curricula, philosophies, and 13,661
methodologies that are developmentally appropriate and that 13,662
enhance the social, emotional, intellectual, and physical 13,663
343
development of each child shall be permissible; 13,664
(4) Health care, first aid, and emergency procedures, 13,666
procedures for the care of sick children, procedures for 13,667
discipline and supervision of children, nutritional standards, 13,668
and procedures for screening children and in-home aides, 13,669
including, but not limited to, any necessary physical 13,670
examinations and immunizations; 13,671
(5) Methods of encouraging parental participation and 13,673
ensuring that the rights of children, parents, and in-home aides 13,674
are protected and the responsibilities of parents and in-home 13,675
aides are met; 13,676
(6) Standards for the safe transport of children when 13,678
under the care of in-home aides; 13,679
(7) Procedures for issuing, renewing, denying, refusing to 13,681
renew, or revoking certificates; 13,682
(8) Procedures for inspection of homes of children 13,684
receiving publicly funded child day-care in their own homes; 13,685
(9) Procedures for record keeping and evaluation; 13,687
(10) Procedures for receiving, recording, and responding 13,689
to complaints; 13,690
(11) Qualifications and training requirements for in-home 13,692
aides; 13,693
(12) Standards providing for the special needs of children 13,695
who are handicapped or who receive treatment for health 13,696
conditions while the child is receiving publicly funded child 13,697
day-care in the child's own home; 13,698
(13) Any other procedures and standards necessary to carry 13,700
out this chapter. 13,701
(I) The director of human services shall send copies of 13,703
proposed rules to each licensee and each county director of human 13,704
services and shall give public notice of hearings regarding the 13,705
rules to each licensee and each county director of human services 13,706
at least thirty days prior to the date of the public hearing, in 13,707
accordance with section 119.03 of the Revised Code. Prior to the 13,708
344
effective date of a rule, the director of human services shall 13,709
provide copies of the adopted rule to each licensee and each 13,710
county director of human services. 13,711
The county director of human services shall send copies of 13,713
proposed rules to each authorized provider and in-home aide and 13,714
shall give public notice of hearings regarding the rules to each 13,715
authorized provider and in-home aide at least thirty days prior 13,716
to the date of the public hearing, in accordance with section 13,717
119.03 of the Revised Code. Prior to the effective date of a 13,718
rule, the county director of human services shall provide copies 13,719
of the adopted rule to each authorized provider and in-home aide. 13,720
Additional copies of proposed and adopted rules shall be 13,722
made available by the director of human services to the public on 13,723
request at no charge. 13,724
(J) The director of human services shall review all rules 13,726
promulgated pursuant to this chapter at least once every seven 13,727
years. 13,728
(K) Notwithstanding any provision of the Revised Code, the 13,730
director of human services shall not regulate in any way under 13,731
this chapter or rules promulgated pursuant to this chapter, 13,732
instruction in religious or moral doctrines, beliefs, or values. 13,733
Sec. 5139.01. (A) As used in this chapter: 13,742
(1) "Commitment" means the transfer of the physical 13,744
custody of a child or youth from the court to the department of 13,745
youth services. 13,746
(2) "Permanent commitment" means a commitment that vests 13,748
legal custody of a child in the department of youth services. 13,749
(3) "Legal custody," insofar as it pertains to the status 13,751
that is created when a child is permanently committed to the 13,752
department of youth services, means a legal status in which the 13,753
department has the following rights and responsibilities: the 13,754
right to have physical possession of the child; the right and 13,755
duty to train, protect, and control the child; the responsibility 13,757
to provide the child with food, clothing, shelter, education, and 13,759
345
medical care; and the right to determine where and with whom the 13,760
child shall live, subject to the minimum periods of, or periods 13,762
of, institutional care prescribed in section 2151.355 of the 13,764
Revised Code; provided, that these rights and responsibilities 13,765
are exercised subject to the powers, rights, duties, and 13,766
responsibilities of the guardian of the person of the child, and 13,767
subject to any residual parental rights PARENTING FUNCTIONS and 13,768
responsibilities RETAINED BY THE PARENTS OF THE CHILD. 13,769
(4) Unless the context requires a different meaning, 13,771
"institution" means a state facility that is created by the 13,772
general assembly and that is under the management and control of 13,773
the department of youth services or a private entity with which 13,774
the department has contracted for the institutional care and 13,775
custody of felony delinquents.
(5) "Full-time care" means care for twenty-four hours a 13,777
day for over a period of at least two consecutive weeks. 13,778
(6) "Placement" means the conditional release of a child 13,780
under the terms and conditions that are specified by the 13,781
department of youth services. The department shall retain legal 13,782
custody of a child released pursuant to division (B) of section 13,783
2151.38 of the Revised Code or division (C) of section 5139.06 of 13,784
the Revised Code until the time that it discharges the child or 13,785
until the legal custody is terminated as otherwise provided by 13,786
law. 13,787
(7) "Home placement" means the placement of a child in the 13,789
home of the child's parent or parents or in the home of the 13,790
guardian of the child's person. 13,792
(8) "Discharge" means that the department of youth 13,794
services' legal custody of a child is terminated. 13,795
(9) "Release" means the termination of a child's stay in 13,797
an institution. A child released pursuant to division (B) of 13,798
section 2151.38 or pursuant to division (C) of section 5139.06 of 13,799
the Revised Code shall be on parole until discharged pursuant to 13,800
division (C)(5) of section 5139.06 of the Revised Code or until 13,801
346
legal custody is terminated as otherwise provided by law. 13,802
(10) "Delinquent child" has the same meaning as in section 13,804
2151.02 of the Revised Code. 13,805
(11) "Felony delinquent" means any child who is at least 13,807
twelve years of age but less than eighteen years of age and who 13,808
is adjudicated a delinquent child for having committed an act 13,809
that if committed by an adult would be a felony. "Felony 13,810
delinquent" includes any adult who is between the ages of 13,811
eighteen and twenty-one and who is in the legal custody of the 13,812
department of youth services for having committed an act that if 13,813
committed by an adult would be a felony. 13,814
(12) "Juvenile traffic offender" has the same meaning as 13,816
in section 2151.021 of the Revised Code. 13,817
(13) "Public safety beds" means all of the following: 13,819
(a) Felony delinquents who have been committed to the 13,821
department of youth services for the commission of an act, other 13,822
than a violation of section 2911.01 or 2911.11 of the Revised 13,823
Code, that is a category one offense or a category two offense 13,824
and who are in the care and custody of an institution or have 13,825
been diverted from care and custody in an institution and placed 13,826
in a community corrections facility; 13,827
(b) Felony delinquents who, while committed to the 13,829
department of youth services and in the care and custody of an 13,830
institution or a community corrections facility, are adjudicated 13,831
delinquent children for having committed in that institution or 13,832
community corrections facility an act that if committed by an 13,833
adult would be a felony or a misdemeanor;
(c) Children who satisfy all of the following: 13,835
(i) They are at least twelve years of age but less than 13,838
eighteen years of age.
(ii) They are adjudicated delinquent children for having 13,841
committed acts that if committed by an adult would be a felony. 13,842
(iii) They are committed to the department of youth 13,845
services by the juvenile court of a county that has had one-tenth 13,846
347
of one per cent or less of the statewide adjudications for felony 13,847
delinquents as averaged, through December 31, 1995, for the past
two fiscal years or as averaged, on and after January 1, 1996, 13,848
for the past four fiscal years. 13,849
(iv) They are in the care and custody of an institution or 13,851
a community corrections facility. 13,852
(d) Felony delinquents who, while committed to the 13,854
department of youth services and in the care and custody of an 13,855
institution, commit in that institution an act that if committed 13,856
by an adult would be a felony, who are serving administrative 13,857
time, as defined by rules of the department adopted pursuant to 13,858
division (E) of section 5139.04 of the Revised Code, for having
committed that act, and who have been institutionalized or 13,859
institutionalized in a secure facility for the minimum period of 13,860
time specified in division (A)(4) or (5) of section 2151.355 of 13,861
the Revised Code.
(e) Felony delinquents who are subject to and serving a 13,863
three-year period of commitment order imposed by a juvenile court 13,864
pursuant to division (A)(7) of section 2151.355 of the Revised 13,866
Code for an act, other than a violation of section 2911.11 of the 13,867
Revised Code, that would be a category one offense or category 13,868
two offense if committed by an adult.
(14) "State target youth" means twenty-five per cent of 13,870
the projected total number of felony delinquents for each year of 13,871
a biennium, factoring in revocations and recommitments. 13,872
(15) Unless the context requires a different meaning, 13,874
"community corrections facility" means a county or multicounty 13,875
rehabilitation center for felony delinquents who have been 13,876
committed to the department of youth services and diverted from 13,877
care and custody in an institution and placed in the 13,878
rehabilitation center pursuant to division (E) of section 5139.36 13,879
of the Revised Code. 13,880
(16) "Secure facility" means any facility that is designed 13,882
and operated to ensure that all of its entrances and exits are 13,883
348
under the exclusive control of its staff and to ensure that, 13,884
because of that exclusive control, no child who has been 13,885
institutionalized in the facility may leave the facility without
permission or supervision. 13,886
(17) "Community residential program" means a program that 13,888
satisfies both of the following: 13,889
(a) It is housed in a building or other structure that has 13,891
no associated major restraining construction, including, but not 13,892
limited to, a security fence. 13,893
(b) It provides twenty-four-hour care, supervision, and 13,895
programs for felony delinquents who are in residence. 13,896
(18) "Category one offense" and "category two offense" 13,898
have the same meanings as in section 2151.26 of the Revised Code. 13,899
(B) There is hereby created the department of youth 13,901
services. The governor shall appoint the director of the 13,902
department with the advice and consent of the senate. The 13,903
director shall hold office during the term of the appointing 13,904
governor but subject to removal at the pleasure of the governor. 13,905
Except as otherwise authorized in section 108.05 of the Revised 13,906
Code, the director shall devote the director's entire time to the 13,908
duties of the director's office and shall hold no other office or 13,909
position of trust or profit during the director's term of office. 13,911
The director is the chief executive and administrative 13,913
officer of the department and has all the powers of a department 13,914
head set forth in Chapter 121. of the Revised Code. The director 13,916
may adopt rules for the government of the department, the conduct 13,917
of its officers and employees, the performance of its business, 13,918
and the custody, use, and preservation of the department's 13,919
records, papers, books, documents, and property. The director 13,920
shall be an appointing authority within the meaning of Chapter 13,921
124. of the Revised Code. Whenever this or any other chapter or 13,922
section of the Revised Code imposes a duty on or requires an 13,923
action of the department, the duty or action shall be performed 13,924
by the director or, upon the director's order, in the name of the 13,925
349
department. 13,926
Sec. 5153.16. (A) As used in this section and section 13,935
5153.164 of the Revised Code, "child care facility" means a 13,936
public twenty-four-hour residential facility for six or more 13,937
children. 13,938
(B) Subject to the rules and standards of the state 13,940
department of human services and on behalf of children in the 13,941
county whom the children services agency considers to be in need 13,942
of public care or protective services, the public children 13,943
services agency shall do all of the following: 13,944
(1) Make an investigation concerning any child alleged to 13,946
be an abused, neglected, or dependent child; 13,947
(2) Enter into agreements with the parent, guardian, or 13,949
other person having legal custody of any child, or with the state 13,951
department of human services, department of mental health,
department of mental retardation and developmental disabilities, 13,952
other department, any certified organization within or outside 13,953
the county, or any agency or institution outside the state, 13,954
having legal custody of any child, with respect to the custody, 13,955
care, or placement of any child, or with respect to any matter, 13,957
in the interests of the child, provided the permanent custody of 13,958
a child shall not be transferred by a parent to the public 13,959
children services agency without the consent of the juvenile 13,960
court;
(3) Accept custody of children committed to the public 13,962
children services agency by a court exercising juvenile 13,964
jurisdiction;
(4) Provide such care as the public children services 13,967
agency considers to be in the best interests of any child 13,968
adjudicated to be an abused, neglected, or dependent child the 13,969
agency finds to be in need of public care or service; 13,970
(5) Provide social services to any unmarried girl 13,972
adjudicated to be an abused, neglected, or dependent child who is 13,974
pregnant with or has been delivered of a child; 13,975
350
(6) Make available to the bureau for children with medical 13,977
handicaps of the department of health at its request any 13,978
information concerning a crippled child found to be in need of 13,979
treatment under sections 3701.021 to 3701.028 of the Revised Code 13,980
who is receiving services from the public children services 13,982
agency;
(7) Provide temporary emergency care for any child 13,984
considered by the public children services agency to be in need 13,986
of such care, without agreement or commitment; 13,987
(8) Find family foster homes, within or outside the 13,989
county, for the care of children, including handicapped children 13,990
from other counties attending special schools in the county; 13,991
(9) Subject to the approval of the board of county 13,993
commissioners and the state department of human services, 13,994
establish and operate a training school or enter into an 13,995
agreement with any municipal corporation or other political 13,996
subdivision of the county respecting the operation, acquisition, 13,997
or maintenance of any children's home, training school, or other 13,998
institution for the care of children maintained by such municipal 13,999
corporation or political subdivision; 14,000
(10) Acquire and operate a county children's home, 14,002
establish, maintain, and operate a receiving home for the 14,003
temporary care of children, or procure family foster homes for 14,004
this purpose; 14,005
(11) Enter into an agreement with the trustees of any 14,007
district children's home, respecting the operation of the 14,008
district children's home in cooperation with the other county 14,009
boards in the district; 14,010
(12) Cooperate with, make its services available to, and 14,012
act as the agent of persons, courts, the department of human 14,013
services, the department of health, and other organizations 14,014
within and outside the state, in matters relating to the welfare 14,015
of children, except that the public children services agency 14,016
shall not be required to provide supervision of or other services 14,017
351
related to the exercise of companionship or visitation rights 14,018
granted pursuant to section FORMER SECTIONS 3109.051 OR 3109.12, 14,020
OR SECTION 3109.59, 3109.11 3109.60, or 3109.12 3109.61 of the 14,022
Revised Code unless a juvenile court, pursuant to Chapter 2151. 14,023
of the Revised Code, or a common pleas court, pursuant to 14,024
division (E)(6) of section 3113.31 of the Revised Code, requires 14,025
the provision of supervision or other services related to the 14,028
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 14,030
superintendent of schools in the county or the principal of any 14,031
school concerning the application of any child adjudicated to be 14,032
an abused, neglected, or dependent child for release from school, 14,033
where such service is not provided through a school attendance 14,034
department;
(14) Administer funds provided under Title IV-E of the 14,036
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 14,037
amended, in accordance with rules adopted by the state department 14,038
of human services under section 5101.141 of the Revised Code; 14,039
(15) In addition to administering Title IV-E adoption 14,041
assistance funds, enter into agreements to make adoption 14,042
assistance payments under section 5153.163 of the Revised Code; 14,043
(16) On or before the fifteenth day of April of each year, 14,045
conduct, or contract with an independent contractor to conduct, 14,046
an annual evaluation of the services provided by the public 14,047
children services agency to children under its care, including, 14,049
but not limited to, services provided in child care facilities 14,050
during the previous calendar year under the plan required by
division (D) of section 5101.14 of the Revised Code; 14,051
(17) Implement a system of risk assessment, in accordance 14,053
with rules adopted by the state department of human services, to 14,054
assist the public children services agency in determining the 14,055
risk of abuse or neglect to a child. 14,056
(C) The public children services agency shall use the 14,058
system implemented pursuant to division (B)(17) of this section 14,059
352
in connection with an investigation undertaken pursuant to 14,060
division (F)(1) of section 2151.421 of the Revised Code and may 14,062
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 14,063
necessary.
(D) Subject to the rules and standards of the state 14,065
department of human services and on behalf of children in the 14,066
county whom the public children services agency considers to be 14,067
in need of public care or protective services, the public 14,068
children services agency may provide or find, with other child 14,069
serving systems, treatment foster care for the care of children
in a treatment foster home, as defined in section 2151.011 of the 14,070
Revised Code. 14,071
Section 2. That existing sections 2105.18, 2111.08, 14,073
2151.23, 2151.411, 2151.56, 2301.03, 2307.50, 2307.70, 2317.02, 14,074
2705.031, 3101.01, 3105.21, 3105.63, 3105.65, 3107.15, 3109.03, 14,075
3109.04, 3109.05, 3109.051, 3109.06, 3109.09, 3109.11, 3109.12, 14,076
3109.21, 3109.27, 3109.28, 3109.34, 3111.13, 3111.23, 3113.21, 14,077
3113.215, 3113.31, 3313.64, 3313.672, 3313.98, 3319.321, 5101.31, 14,079
5101.324, 5104.011, 5139.01, and 5153.16, and sections 3109.041
and 3109.052 of the Revised Code are hereby repealed. 14,080
Section 3. The General Assembly hereby requests that the 14,082
Supreme Court promptly adopt rules consistent with section 14,083
3109.581 of the Revised Code to create forms for the request for 14,084
enforcement, affidavit in support of the request for enforcement, 14,086
and the order to appear to be used in proceedings under section 14,087
3109.58 of the Revised Code, promptly adopt rules consistent with 14,088
section 3109.55 of the Revised Code that establish minimum 14,089
qualification standards that a person must meet in order to act 14,090
as a mediator pursuant to section 3109.55 of the Revised Code, 14,091
and promptly adopt rules consistent with section 3109.54 of the 14,092
Revised Code that establish minimum curriculum requirements for 14,093
parenting education seminars and certification standards for 14,094
parenting education seminar providers. 14,095
353
Section 4. Section 2301.03 of the Revised Code is 14,097
presented in this act as a composite of the section as amended by 14,099
both Sub. H.B. 377 and Am. Sub. S.B. 269 of the 121st General 14,100
Assembly, with the new language of neither of the acts shown in 14,102
capital letters. Section 2317.02 of the Revised Code is 14,103
presented in this act as a composite of the section as amended by 14,105
both Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General 14,106
Assembly, with the new language of neither of the acts shown in 14,108
capital letters. Section 3113.21 of the Revised Code is 14,111
presented in this act as a composite of the section as amended by 14,112
both Sub. H.B. 274 and Am. Sub. S.B. 292 of the 121st General 14,113
Assembly, with the new language of neither of the acts shown in 14,114
capital letters. Section 3113.31 of the Revised Code is
presented in this act as a composite of the section as amended by 14,116
both Sub. H.B. 274 and Am. Sub. H.B. 438 of the 121st General 14,117
Assembly, with the new language of neither of the acts shown in 14,119
capital letters. This is in recognition of the principle stated 14,121
in division (B) of section 1.52 of the Revised Code that such 14,122
amendments are to be harmonized where not substantively 14,123
irreconcilable and constitutes a legislative finding that such is 14,124
the resulting version in effect prior to the effective date of 14,125
this act.