As Passed by the Senate 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
WATTS-MUMPER-HAGAN 11
13
A B I L L
To enact section 3109.401 of the Revised Code to 15
create the Task Force on Family Law and Children 16
to study ways to improve existing processes 17
regarding divorce, dissolution, legal separation, 18
and annulment and to submit a report of its 19
findings and recommendations to the Speaker and 20
Minority Leader of the House of Representatives 21
and to the President and the Minority Leader of 22
the Senate by December 31, 1999.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 3109.401 of the Revised Code be 27
enacted to read as follows:
Sec. 3109.401. (A) THE GENERAL ASSEMBLY FINDS THE 30
FOLLOWING:
(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF 32
FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE 33
RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED 34
UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS; 35
(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE DECISIONS 38
AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR THE CARE AND 39
GROWTH OF THEIR CHILDREN;
(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS 41
AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, 42
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DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING 44
ADDRESSING THE ALLOCATION OF PARENTAL RIGHTS AND
RESPONSIBILITIES, MUST DETERMINE THE CHILD'S BEST INTERESTS; 46
(4) THAT THE COURTS AND PARENTS MUST TAKE INTO 48
CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING 49
PARENTAL RIGHTS AND RESPONSIBILITIES AND DEVELOPING APPROPRIATE 51
TERMS FOR PARENTING PLANS:
(a) CHILDREN ARE SERVED BY A PARENTING ARRANGEMENT THAT 54
BEST PROVIDES FOR A CHILD'S SAFETY, EMOTIONAL GROWTH, HEALTH, 55
STABILITY, AND PHYSICAL CARE.
(b) EXPOSURE OF THE CHILD TO HARMFUL PARENTAL CONFLICT 58
SHOULD BE MINIMIZED AS MUCH AS POSSIBLE. 59
(c) WHENEVER APPROPRIATE, PARENTS SHOULD BE ENCOURAGED TO 62
MEET THEIR RESPONSIBILITIES TO THEIR CHILDREN THROUGH AGREEMENTS 63
RATHER THAN BY RELYING ON JUDICIAL INTERVENTION. 64
(d) WHEN A PARENTING PLAN PROVIDES FOR MUTUAL 67
DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT THEY ARE UNABLE 68
TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A GOOD FAITH EFFORT 69
TO UTILIZE THE MEDIATION PROCESS AS REQUIRED BY THE PARENTING 70
PLAN.
(e) IN APPORTIONING BETWEEN THE PARENTS THE DAILY PHYSICAL 73
LIVING ARRANGEMENTS OF THE CHILD AND THE CHILD'S LOCATION DURING 74
LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL 75
IMPORTANCE, A COURT SHOULD NOT IMPOSE ANY TYPE OF STANDARD 76
SCHEDULE UNLESS A STANDARD SCHEDULE MEETS THE NEEDS OF THE CHILD
BETTER THAN ANY PROPOSED ALTERNATIVE PARENTING PLAN. 77
(B) IT IS, THEREFORE, THE PURPOSE OF CHAPTER 3109. OF THE 80
REVISED CODE, WHEN IT IS IN THE CHILD'S BEST INTEREST, TO FOSTER 82
THE RELATIONSHIP BETWEEN THE CHILD AND EACH PARENT WHEN A COURT 83
ALLOCATES PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO 84
THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, ANNULMENT, 85
OR ANY OTHER PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL 86
RIGHTS AND RESPONSIBILITIES. 87
(C) THERE IS HEREBY CREATED THE TASK FORCE ON FAMILY LAW 90
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AND CHILDREN CONSISTING OF TWENTY-THREE MEMBERS. THE OHIO STATE 91
BAR ASSOCIATION SHALL APPOINT THREE MEMBERS WHO SHALL BE 92
ATTORNEYS WITH EXTENSIVE EXPERIENCE IN THE PRACTICE OF FAMILY 93
LAW. THE OHIO ASSOCIATION OF DOMESTIC RELATIONS JUDGES SHALL 95
APPOINT THREE MEMBERS WHO SHALL BE DOMESTIC RELATIONS JUDGES. 96
THE OHIO ASSOCIATION OF JUVENILE AND FAMILY COURT JUDGES SHALL 98
APPOINT THREE MEMBERS WHO SHALL BE JUVENILE OR FAMILY COURT 99
JUDGES. THE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT 100
SEVEN MEMBERS, THREE OF WHOM SHALL BE PERSONS WHO PRACTICE IN THE 101
FIELD OF FAMILY LAW MEDIATION, TWO OF WHOM SHALL BE PERSONS WHO 102
PRACTICE IN THE FIELD OF CHILD PSYCHOLOGY, ONE OF WHOM SHALL BE A 103
PERSON WHO REPRESENTS PARENT AND CHILD ADVOCACY ORGANIZATIONS, 104
AND ONE OF WHOM SHALL BE A PERSON WHO PROVIDES PARENTING 105
EDUCATION SERVICES. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 106
SHALL APPOINT TWO MEMBERS WHO SHALL BE MEMBERS OF THE HOUSE OF 107
REPRESENTATIVES AND WHO SHALL BE FROM DIFFERENT POLITICAL 108
PARTIES. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO MEMBERS 109
WHO SHALL BE MEMBERS OF THE SENATE AND WHO SHALL BE FROM
DIFFERENT POLITICAL PARTIES. THE GOVERNOR SHALL APPOINT TWO 110
MEMBERS WHO SHALL REPRESENT CHILD CARING AGENCIES. ONE MEMBER 112
SHALL BE THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S
DESIGNEE. THE CHIEF JUSTICE SHALL DESIGNATE ONE MEMBER OF THE 113
TASK FORCE TO CHAIR THE TASK FORCE. 114
THE APPOINTING AUTHORITIES AND PERSONS SHALL MAKE INITIAL 117
APPOINTMENTS TO THE TASK FORCE ON FAMILY LAW AND CHILDREN WITHIN 118
FIFTEEN DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. INITIAL 119
APPOINTMENTS TO THE TASK FORCE SHALL BE FOR TERMS ENDING JULY 1, 120
1999. THEREAFTER, TERMS OF OFFICE SHALL BE FOR TWO YEARS, WITH 121
EACH TERM ENDING ON THE FIRST DAY OF JULY OF THE FOLLOWING 122
ODD-NUMBERED YEAR. MEMBERS WHO ARE MEMBERS OF THE GENERAL 123
ASSEMBLY SHALL HOLD OFFICE UNTIL THE END OF THE TERM FOR WHICH 124
THE MEMBER WAS APPOINTED OR UNTIL THE PERSON CEASES TO BE A 125
MEMBER OF THE GENERAL ASSEMBLY, WHICHEVER OCCURS FIRST. THE 126
DIRECTOR OF HUMAN SERVICES SHALL HOLD OFFICE UNTIL THE DIRECTOR 127
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CEASES TO BE DIRECTOR OF HUMAN SERVICES. EACH MEMBER SHALL HOLD 128
OFFICE FROM THE DATE OF THE PERSON'S APPOINTMENT UNTIL THE END OF 130
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 131
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A 132
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR 134
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS 135
A MEMBER FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE 136
IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM 137
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF 138
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. SECTION 101.84 139
OF THE REVISED CODE DOES NOT APPLY TO THE TASK FORCE.
(D) THE TASK FORCE ON FAMILY LAW AND CHILDREN SHALL DO ALL 142
OF THE FOLLOWING:
(1) APPOINT AND FIX THE COMPENSATION OF ANY TECHNICAL, 144
PROFESSIONAL, AND CLERICAL EMPLOYEES AND PERFORM ANY SERVICES 145
THAT ARE NECESSARY TO CARRY OUT THE POWERS AND DUTIES OF THE TASK 146
FORCE ON FAMILY LAW AND CHILDREN. ALL EMPLOYEES OF THE TASK 147
FORCE SHALL SERVE AT THE PLEASURE OF THE TASK FORCE. 148
(2) BY DECEMBER 31, 1999, SUBMIT TO THE SPEAKER AND 151
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES AND TO THE 152
PRESIDENT AND THE MINORITY LEADER OF THE SENATE A REPORT OF ITS 153
FINDINGS AND RECOMMENDATIONS ON HOW TO CREATE A MORE CIVILIZED 154
AND CONSTRUCTIVE PROCESS FOR DIVORCE, DISSOLUTION, LEGAL 155
SEPARATION, AND ANNULMENT. THE RECOMMENDATIONS SHALL PROPOSE A 156
SYSTEM TO DO ALL OF THE FOLLOWING: 157
(a) PUT CHILDREN FIRST; 159
(b) PROVIDE FAMILIES WITH CHOICES BEFORE THEY MAKE A 162
DECISION TO OBTAIN OR FINALIZE A DIVORCE, DISSOLUTION, LEGAL
SEPARATION, OR ANNULMENT; 163
(c) REDIRECT HUMAN SERVICES TO INTERVENTION AND 165
PREVENTION, RATHER THAN SUPPORTING THE CASUALTIES OF THE CURRENT 166
PROCESS; 167
(d) AVOID NEEDLESS CONFLICT BETWEEN THE PARTICIPANTS; 170
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(e) ENCOURAGE PROBLEM SOLVING AMONG THE PARTICIPANTS; 173
(f) FORCE THE PARTICIPANTS TO ACT RESPONSIBLY; 176
(g) SHIELD BOTH THE PARTICIPANTS AND THEIR CHILDREN FROM 179
LASTING EMOTIONAL DAMAGE.
(3) GATHER INFORMATION ON AND STUDY THE CURRENT STATE OF 181
FAMILY LAW IN THIS STATE; 182
(4) COLLABORATE AND CONSULT WITH ENTITIES ENGAGED IN 184
FAMILY AND CHILDREN'S ISSUES INCLUDING, BUT NOT LIMITED TO, THE 185
HOUSE SELECT COMMITTEE ON CHILD SUPPORT, THE OHIO ASSOCIATION OF 187
CHILD CARING AGENCIES, THE OHIO FAMILY COURT FEASIBILITY STUDY, 188
AND THE OHIO COURTS FUTURES COMMISSION;
(5) UTILIZE FINDINGS AND OUTCOMES FROM PILOT PROJECTS 190
CONDUCTED BY THE OHIO FAMILY COURT FEASIBILITY STUDY TO EXPLORE 191
ALTERNATIVES IN CREATING A MORE CIVILIZED AND CONSTRUCTIVE 192
PROCESS FOR DIVORCE, DISSOLUTION, LEGAL SEPARATION, AND ANNULMENT 193
WITH AN EMPHASIS ON THE AREAS OF MEDIATION AND OBTAINING 194
VISITATION COMPLIANCE.
(E) COURTS OF COMMON PLEAS SHALL COOPERATE WITH THE TASK 197
FORCE ON FAMILY LAW AND CHILDREN IN THE PERFORMANCE OF THE TASK 198
FORCE'S DUTIES DESCRIBED IN DIVISION (D) OF THIS SECTION. 199