As Reported by the House Family Services Committee 1
122nd General Assembly 4
Regular Session Am. 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-REPRESENTATIVES BOYD-CLANCY-GRENDELL- 11
HARRIS-MASON-MILLER-WILLAMOWSKI 12
14
A B I L L
To enact section 3109.401 of the Revised Code to 16
create the Task Force on Family Law and Children 17
to study ways to improve existing processes 18
regarding the parenting of children whose 19
parents do not reside together and to submit a 20
report of its findings and recommendations to the 21
Speaker and Minority Leader of the House of 22
Representatives and to the President and the 23
Minority Leader of the Senate by December 31, 24
1999. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That section 3109.401 of the Revised Code be 30
enacted to read as follows:
Sec. 3109.401. (A) THE GENERAL ASSEMBLY FINDS THE 33
FOLLOWING:
(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF 35
FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE 36
RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED 37
UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS; 38
(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE DECISIONS 41
AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR THE CARE AND 42
GROWTH OF THEIR CHILDREN;
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(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS 44
AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, 45
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING 47
ADDRESSING THE ALLOCATION OF PARENTAL RIGHTS AND
RESPONSIBILITIES, MUST DETERMINE THE CHILD'S BEST INTERESTS; 49
(4) THAT THE COURTS AND PARENTS MUST TAKE INTO 51
CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING 52
PARENTAL RIGHTS AND RESPONSIBILITIES AND DEVELOPING APPROPRIATE 54
TERMS FOR PARENTING PLANS:
(a) CHILDREN ARE SERVED BY A PARENTING ARRANGEMENT THAT 57
BEST PROVIDES FOR A CHILD'S SAFETY, EMOTIONAL GROWTH, HEALTH, 58
STABILITY, AND PHYSICAL CARE.
(b) EXPOSURE OF THE CHILD TO HARMFUL PARENTAL CONFLICT 61
SHOULD BE MINIMIZED AS MUCH AS POSSIBLE. 62
(c) WHENEVER APPROPRIATE, PARENTS SHOULD BE ENCOURAGED TO 65
MEET THEIR RESPONSIBILITIES TO THEIR CHILDREN THROUGH AGREEMENTS 66
RATHER THAN BY RELYING ON JUDICIAL INTERVENTION. 67
(d) WHEN A PARENTING PLAN PROVIDES FOR MUTUAL 70
DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT THEY ARE UNABLE 71
TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A GOOD FAITH EFFORT 72
TO UTILIZE THE MEDIATION PROCESS AS REQUIRED BY THE PARENTING 73
PLAN.
(e) IN APPORTIONING BETWEEN THE PARENTS THE DAILY PHYSICAL 76
LIVING ARRANGEMENTS OF THE CHILD AND THE CHILD'S LOCATION DURING 77
LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL 78
IMPORTANCE, A COURT SHOULD NOT IMPOSE ANY TYPE OF STANDARD 79
SCHEDULE UNLESS A STANDARD SCHEDULE MEETS THE NEEDS OF THE CHILD
BETTER THAN ANY PROPOSED ALTERNATIVE PARENTING PLAN. 80
(B) IT IS, THEREFORE, THE PURPOSE OF CHAPTER 3109. OF THE 83
REVISED CODE, WHEN IT IS IN THE CHILD'S BEST INTEREST, TO FOSTER 85
THE RELATIONSHIP BETWEEN THE CHILD AND EACH PARENT WHEN A COURT 86
ALLOCATES PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO 87
THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, ANNULMENT, 88
OR ANY OTHER PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL 89
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RIGHTS AND RESPONSIBILITIES. 90
(C) THERE IS HEREBY CREATED THE TASK FORCE ON FAMILY LAW 93
AND CHILDREN CONSISTING OF TWENTY-FOUR MEMBERS. THE OHIO STATE 94
BAR ASSOCIATION SHALL APPOINT THREE MEMBERS WHO SHALL BE 95
ATTORNEYS WITH EXTENSIVE EXPERIENCE IN THE PRACTICE OF FAMILY 96
LAW. THE OHIO ASSOCIATION OF DOMESTIC RELATIONS JUDGES SHALL 98
APPOINT THREE MEMBERS WHO SHALL BE DOMESTIC RELATIONS JUDGES. 99
THE OHIO ASSOCIATION OF JUVENILE AND FAMILY COURT JUDGES SHALL 101
APPOINT THREE MEMBERS WHO SHALL BE JUVENILE OR FAMILY COURT 102
JUDGES. THE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT 103
EIGHT MEMBERS, THREE OF WHOM SHALL BE PERSONS WHO PRACTICE IN THE 104
FIELD OF FAMILY LAW MEDIATION, TWO OF WHOM SHALL BE PERSONS WHO 105
PRACTICE IN THE FIELD OF CHILD PSYCHOLOGY, ONE OF WHOM SHALL BE A 106
PERSON WHO REPRESENTS PARENT AND CHILD ADVOCACY ORGANIZATIONS, 107
ONE OF WHOM SHALL BE A PERSON WHO PROVIDES PARENTING EDUCATION 108
SERVICES, AND ONE OF WHOM SHALL BE A MAGISTRATE EMPLOYED BY A 109
DOMESTIC RELATIONS OR JUVENILE COURT. THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES SHALL APPOINT TWO MEMBERS WHO SHALL BE MEMBERS 110
OF THE HOUSE OF REPRESENTATIVES AND WHO SHALL BE FROM DIFFERENT 111
POLITICAL PARTIES. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO 112
MEMBERS WHO SHALL BE MEMBERS OF THE SENATE AND WHO SHALL BE FROM 113
DIFFERENT POLITICAL PARTIES. THE GOVERNOR SHALL APPOINT TWO 114
MEMBERS WHO SHALL REPRESENT CHILD CARING AGENCIES. ONE MEMBER 116
SHALL BE THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S
DESIGNEE. THE CHIEF JUSTICE SHALL DESIGNATE ONE MEMBER OF THE 117
TASK FORCE TO CHAIR THE TASK FORCE. 118
THE APPOINTING AUTHORITIES AND PERSONS SHALL MAKE INITIAL 121
APPOINTMENTS TO THE TASK FORCE ON FAMILY LAW AND CHILDREN WITHIN 122
THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. INITIAL 123
APPOINTMENTS TO THE TASK FORCE SHALL BE FOR TERMS ENDING JULY 1, 124
1999. THEREAFTER, TERMS OF OFFICE SHALL BE FOR TWO YEARS, WITH 125
EACH TERM ENDING ON THE FIRST DAY OF JULY OF THE FOLLOWING 126
ODD-NUMBERED YEAR. MEMBERS WHO ARE MEMBERS OF THE GENERAL 127
ASSEMBLY SHALL HOLD OFFICE UNTIL THE END OF THE TERM FOR WHICH 128
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THE MEMBER WAS APPOINTED OR UNTIL THE PERSON CEASES TO BE A 129
MEMBER OF THE GENERAL ASSEMBLY, WHICHEVER OCCURS FIRST. THE 130
DIRECTOR OF HUMAN SERVICES SHALL HOLD OFFICE UNTIL THE DIRECTOR 131
CEASES TO BE DIRECTOR OF HUMAN SERVICES. EACH MEMBER SHALL HOLD 132
OFFICE FROM THE DATE OF THE PERSON'S APPOINTMENT UNTIL THE END OF 134
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 135
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A 136
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR 138
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS 139
A MEMBER FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE 140
IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM 141
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF 142
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. SECTION 101.84 143
OF THE REVISED CODE DOES NOT APPLY TO THE TASK FORCE.
(D) THE TASK FORCE ON FAMILY LAW AND CHILDREN SHALL DO ALL 146
OF THE FOLLOWING:
(1) APPOINT AND FIX THE COMPENSATION OF ANY TECHNICAL, 148
PROFESSIONAL, AND CLERICAL EMPLOYEES AND PERFORM ANY SERVICES 149
THAT ARE NECESSARY TO CARRY OUT THE POWERS AND DUTIES OF THE TASK 150
FORCE ON FAMILY LAW AND CHILDREN. ALL EMPLOYEES OF THE TASK 151
FORCE SHALL SERVE AT THE PLEASURE OF THE TASK FORCE. 152
(2) BY DECEMBER 31, 1999, SUBMIT TO THE SPEAKER AND 155
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES AND TO THE 156
PRESIDENT AND THE MINORITY LEADER OF THE SENATE A REPORT OF ITS 157
FINDINGS AND RECOMMENDATIONS ON HOW TO CREATE A MORE CIVILIZED 158
AND CONSTRUCTIVE PROCESS FOR THE PARENTING OF CHILDREN WHOSE 159
PARENTS TO NOT RESIDE TOGETHER. THE RECOMMENDATIONS SHALL 160
PROPOSE A SYSTEM TO DO ALL OF THE FOLLOWING: 161
(a) PUT CHILDREN FIRST; 163
(b) PROVIDE FAMILIES WITH CHOICES BEFORE THEY MAKE A 166
DECISION TO OBTAIN OR FINALIZE A DIVORCE, DISSOLUTION, LEGAL
SEPARATION, OR ANNULMENT; 167
(c) REDIRECT HUMAN SERVICES TO INTERVENTION AND 169
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PREVENTION, RATHER THAN SUPPORTING THE CASUALTIES OF THE CURRENT 170
PROCESS; 171
(d) AVOID NEEDLESS CONFLICT BETWEEN THE PARTICIPANTS; 174
(e) ENCOURAGE PROBLEM SOLVING AMONG THE PARTICIPANTS; 177
(f) FORCE THE PARTICIPANTS TO ACT RESPONSIBLY; 180
(g) SHIELD BOTH THE PARTICIPANTS AND THEIR CHILDREN FROM 183
LASTING EMOTIONAL DAMAGE.
(3) GATHER INFORMATION ON AND STUDY THE CURRENT STATE OF 185
FAMILY LAW IN THIS STATE; 186
(4) COLLABORATE AND CONSULT WITH ENTITIES ENGAGED IN 188
FAMILY AND CHILDREN'S ISSUES INCLUDING, BUT NOT LIMITED TO, THE 190
OHIO ASSOCIATION OF CHILD CARING AGENCIES, THE OHIO FAMILY COURT 192
FEASIBILITY STUDY, AND THE OHIO COURTS FUTURES COMMISSION;
(5) UTILIZE FINDINGS AND OUTCOMES FROM PILOT PROJECTS 194
CONDUCTED BY THE OHIO FAMILY COURT FEASIBILITY STUDY TO EXPLORE 195
ALTERNATIVES IN CREATING A MORE CIVILIZED AND CONSTRUCTIVE 196
PROCESS FOR THE PARENTING OF CHILDREN WHOSE PARENTS DO NOT 197
RESIDE TOGETHER WITH AN EMPHASIS ON THE AREAS OF MEDIATION AND 199
OBTAINING VISITATION COMPLIANCE.
(E) COURTS OF COMMON PLEAS SHALL COOPERATE WITH THE TASK 202
FORCE ON FAMILY LAW AND CHILDREN IN THE PERFORMANCE OF THE TASK 203
FORCE'S DUTIES DESCRIBED IN DIVISION (D) OF THIS SECTION. 204