As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. 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
12
A B I L L
To enact section 3109.401 of the Revised Code to 14
create the Task Force on Family Law and Children 15
to study ways to improve existing processes 16
regarding divorce, dissolution, legal separation, 17
and annulment and to submit a report of its 18
findings and recommendations to the Speaker and 19
Minority Leader of the House of Representatives 20
and to the President and the Minority Leader of 21
the Senate by December 31, 1999.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That section 3109.401 of the Revised Code be 26
enacted to read as follows:
Sec. 3109.401. (A) THE GENERAL ASSEMBLY FINDS THE 29
FOLLOWING:
(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF 31
FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE 32
RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED 33
UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS; 34
(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE DECISIONS 37
AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR THE CARE AND 38
GROWTH OF THEIR CHILDREN;
(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS 40
AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, 41
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING 43
2
ADDRESSING THE ALLOCATION OF PARENTAL RIGHTS AND
RESPONSIBILITIES, MUST DETERMINE THE CHILD'S BEST INTERESTS; 45
(4) THAT THE COURTS AND PARENTS MUST TAKE INTO 47
CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING 48
PARENTAL RIGHTS AND RESPONSIBILITIES AND DEVELOPING APPROPRIATE 50
TERMS FOR PARENTING PLANS:
(a) CHILDREN ARE SERVED BY A PARENTING ARRANGEMENT THAT 53
BEST PROVIDES FOR A CHILD'S SAFETY, EMOTIONAL GROWTH, HEALTH, 54
STABILITY, AND PHYSICAL CARE.
(b) EXPOSURE OF THE CHILD TO HARMFUL PARENTAL CONFLICT 57
SHOULD BE MINIMIZED AS MUCH AS POSSIBLE. 58
(c) WHENEVER APPROPRIATE, PARENTS SHOULD BE ENCOURAGED TO 61
MEET THEIR RESPONSIBILITIES TO THEIR CHILDREN THROUGH AGREEMENTS 62
RATHER THAN BY RELYING ON JUDICIAL INTERVENTION. 63
(d) WHEN A PARENTING PLAN PROVIDES FOR MUTUAL 66
DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT THEY ARE UNABLE 67
TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A GOOD FAITH EFFORT 68
TO UTILIZE THE MEDIATION PROCESS AS REQUIRED BY THE PARENTING 69
PLAN.
(e) IN APPORTIONING BETWEEN THE PARENTS THE DAILY PHYSICAL 72
LIVING ARRANGEMENTS OF THE CHILD AND THE CHILD'S LOCATION DURING 73
LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL 74
IMPORTANCE, A COURT SHOULD NOT IMPOSE ANY TYPE OF STANDARD 75
SCHEDULE UNLESS A STANDARD SCHEDULE MEETS THE NEEDS OF THE CHILD
BETTER THAN ANY PROPOSED ALTERNATIVE PARENTING PLAN. 76
(B) IT IS, THEREFORE, THE PURPOSE OF CHAPTER 3109. OF THE 79
REVISED CODE, WHEN IT IS IN THE CHILD'S BEST INTEREST, TO FOSTER 81
THE RELATIONSHIP BETWEEN THE CHILD AND EACH PARENT WHEN A COURT 82
ALLOCATES PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO 83
THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, ANNULMENT, 84
OR ANY OTHER PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL 85
RIGHTS AND RESPONSIBILITIES. 86
(C) THERE IS HEREBY CREATED THE TASK FORCE ON FAMILY LAW 89
AND CHILDREN CONSISTING OF TWENTY-THREE MEMBERS. THE OHIO STATE 90
3
BAR ASSOCIATION SHALL APPOINT THREE MEMBERS WHO SHALL BE 91
ATTORNEYS WITH EXTENSIVE EXPERIENCE IN THE PRACTICE OF FAMILY 92
LAW. THE OHIO ASSOCIATION OF DOMESTIC RELATIONS JUDGES SHALL 94
APPOINT THREE MEMBERS WHO SHALL BE DOMESTIC RELATIONS JUDGES. 95
THE OHIO ASSOCIATION OF JUVENILE AND FAMILY COURT JUDGES SHALL 97
APPOINT THREE MEMBERS WHO SHALL BE JUVENILE OR FAMILY COURT 98
JUDGES. THE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT 99
SEVEN MEMBERS, THREE OF WHOM SHALL BE PERSONS WHO PRACTICE IN THE 100
FIELD OF FAMILY LAW MEDIATION, TWO OF WHOM SHALL BE PERSONS WHO 101
PRACTICE IN THE FIELD OF CHILD PSYCHOLOGY, ONE OF WHOM SHALL BE A 102
PERSON WHO REPRESENTS PARENT AND CHILD ADVOCACY ORGANIZATIONS, 103
AND ONE OF WHOM SHALL BE A PERSON WHO PROVIDES PARENTING 104
EDUCATION SERVICES. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 105
SHALL APPOINT TWO MEMBERS WHO SHALL BE MEMBERS OF THE HOUSE OF 106
REPRESENTATIVES AND WHO SHALL BE FROM DIFFERENT POLITICAL 107
PARTIES. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS 108
WHO SHALL BE MEMBERS OF THE SENATE AND WHO SHALL BE FROM
DIFFERENT POLITICAL PARTIES. THE GOVERNOR SHALL APPOINT TWO 109
MEMBERS WHO SHALL REPRESENT CHILD CARING AGENCIES. ONE MEMBER 111
SHALL BE THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S
DESIGNEE. THE CHIEF JUSTICE SHALL DESIGNATE ONE MEMBER OF THE 112
TASK FORCE TO CHAIR THE TASK FORCE. 113
THE APPOINTING AUTHORITIES AND PERSONS SHALL MAKE INITIAL 116
APPOINTMENTS TO THE TASK FORCE ON FAMILY LAW AND CHILDREN WITHIN 117
FIFTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. INITIAL 118
APPOINTMENTS TO THE TASK FORCE SHALL BE FOR TERMS ENDING JULY 1, 119
1999. THEREAFTER, TERMS OF OFFICE SHALL BE FOR TWO YEARS, WITH 120
EACH TERM ENDING ON THE FIRST DAY OF JULY OF THE FOLLOWING 121
ODD-NUMBERED YEAR. MEMBERS WHO ARE MEMBERS OF THE GENERAL 122
ASSEMBLY SHALL HOLD OFFICE UNTIL THE END OF THE TERM FOR WHICH 123
THE MEMBER WAS APPOINTED OR UNTIL THE PERSON CEASES TO BE A 124
MEMBER OF THE GENERAL ASSEMBLY, WHICHEVER OCCURS FIRST. THE 125
DIRECTOR OF HUMAN SERVICES SHALL HOLD OFFICE UNTIL THE DIRECTOR 126
CEASES TO BE DIRECTOR OF HUMAN SERVICES. EACH MEMBER SHALL HOLD 127
4
OFFICE FROM THE DATE OF THE PERSON'S APPOINTMENT UNTIL THE END OF 129
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 130
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A 131
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR 133
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS 134
A MEMBER FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE 135
IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM 136
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF 137
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. SECTION 101.84 138
OF THE REVISED CODE DOES NOT APPLY TO THE TASK FORCE.
(D) THE TASK FORCE ON FAMILY LAW AND CHILDREN SHALL DO ALL 141
OF THE FOLLOWING:
(1) APPOINT AND FIX THE COMPENSATION OF ANY TECHNICAL, 143
PROFESSIONAL, AND CLERICAL EMPLOYEES AND PERFORM ANY SERVICES 144
THAT ARE NECESSARY TO CARRY OUT THE POWERS AND DUTIES OF THE TASK 145
FORCE ON FAMILY LAW AND CHILDREN. ALL EMPLOYEES OF THE TASK 146
FORCE SHALL SERVE AT THE PLEASURE OF THE TASK FORCE. 147
(2) BY DECEMBER 31, 1999, SUBMIT TO THE SPEAKER AND 150
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES AND TO THE 151
PRESIDENT AND THE MINORITY LEADER OF THE SENATE A REPORT OF ITS 152
FINDINGS AND RECOMMENDATIONS ON HOW TO CREATE A MORE CIVILIZED 153
AND CONSTRUCTIVE PROCESS FOR DIVORCE, DISSOLUTION, LEGAL 154
SEPARATION, AND ANNULMENT. THE RECOMMENDATIONS SHALL PROPOSE A 155
SYSTEM TO DO ALL OF THE FOLLOWING: 156
(a) PUT CHILDREN FIRST; 158
(b) PROVIDE FAMILIES WITH CHOICES BEFORE THEY MAKE A 161
DECISION TO OBTAIN OR FINALIZE A DIVORCE, DISSOLUTION, LEGAL
SEPARATION, OR ANNULMENT; 162
(c) REDIRECT HUMAN SERVICES TO INTERVENTION AND 164
PREVENTION, RATHER THAN SUPPORTING THE CASUALTIES OF THE CURRENT 165
PROCESS; 166
(d) AVOID NEEDLESS CONFLICT BETWEEN THE PARTICIPANTS; 169
(e) ENCOURAGE PROBLEM SOLVING AMONG THE PARTICIPANTS; 172
5
(f) FORCE THE PARTICIPANTS TO ACT RESPONSIBLY; 175
(g) SHIELD BOTH THE PARTICIPANTS AND THEIR CHILDREN FROM 178
LASTING EMOTIONAL DAMAGE.
(3) GATHER INFORMATION ON AND STUDY THE CURRENT STATE OF 180
FAMILY LAW IN THIS STATE; 181
(4) COLLABORATE AND CONSULT WITH ENTITIES ENGAGED IN 183
FAMILY AND CHILDREN'S ISSUES INCLUDING, BUT NOT LIMITED TO, THE 184
HOUSE SELECT COMMITTEE ON CHILD SUPPORT, THE OHIO ASSOCIATION OF 186
CHILD CARING AGENCIES, THE OHIO FAMILY COURT FEASIBILITY STUDY, 187
AND THE OHIO COURTS FUTURES COMMISSION;
(5) UTILIZE FINDINGS AND OUTCOMES FROM PILOT PROJECTS 189
CONDUCTED BY THE OHIO FAMILY COURT FEASIBILITY STUDY TO EXPLORE 190
ALTERNATIVES IN CREATING A MORE CIVILIZED AND CONSTRUCTIVE 191
PROCESS FOR DIVORCE, DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 192
WITH AN EMPHASIS ON THE AREAS OF MEDIATION AND OBTAINING 193
VISITATION COMPLIANCE.
(E) COURTS OF COMMON PLEAS SHALL COOPERATE WITH THE TASK 196
FORCE ON FAMILY LAW AND CHILDREN IN THE PERFORMANCE OF THE TASK 197
FORCE'S DUTIES DESCRIBED IN DIVISION (D) OF THIS SECTION. 198