As Passed by the House 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-WATTS- 10
MUMPER-HAGAN-REPRESENTATIVES BOYD-CLANCY-GRENDELL-HARRIS- 11
MASON-MILLER-WILLAMOWSKI-STAPLETON-JONES-WOMER BENJAMIN- 12
WINKLER-GARCIA-SULZER-BRADING-VERICH-COLONNA-THOMAS-MYERS- 13
REID-SALERNO-MOTTLEY-VESPER-PERZ-ALLEN-OGG-TAVARES-BENDER- 14
MOTTL-BRITTON-SUTTON-KRUPINSKI-METZGER-PRENTISS-MAIER- 15
CORE-MALLORY-OPFER-LOGAN 16
18
A B I L L
To enact section 3109.401 of the Revised Code to 20
create the Task Force on Family Law and Children 21
to study ways to improve existing processes 22
regarding the parenting of children whose 23
parents do not reside together and to submit a 24
report of its findings and recommendations to the 25
Speaker and Minority Leader of the House of 26
Representatives and to the President and the 27
Minority Leader of the Senate by December 31, 28
1999. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That section 3109.401 of the Revised Code be 34
enacted to read as follows:
Sec. 3109.401. (A) THE GENERAL ASSEMBLY FINDS THE 37
FOLLOWING:
(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF 39
FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE 40
RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED 41
2
UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS; 42
(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE DECISIONS 45
AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR THE CARE AND 46
GROWTH OF THEIR CHILDREN;
(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS 48
AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE, 49
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER PROCEEDING 51
ADDRESSING THE ALLOCATION OF PARENTAL RIGHTS AND
RESPONSIBILITIES, MUST DETERMINE THE CHILD'S BEST INTERESTS; 53
(4) THAT THE COURTS AND PARENTS MUST TAKE INTO 55
CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING 56
PARENTAL RIGHTS AND RESPONSIBILITIES AND DEVELOPING APPROPRIATE 58
TERMS FOR PARENTING PLANS:
(a) CHILDREN ARE SERVED BY A PARENTING ARRANGEMENT THAT 61
BEST PROVIDES FOR A CHILD'S SAFETY, EMOTIONAL GROWTH, HEALTH, 62
STABILITY, AND PHYSICAL CARE.
(b) EXPOSURE OF THE CHILD TO HARMFUL PARENTAL CONFLICT 65
SHOULD BE MINIMIZED AS MUCH AS POSSIBLE. 66
(c) WHENEVER APPROPRIATE, PARENTS SHOULD BE ENCOURAGED TO 69
MEET THEIR RESPONSIBILITIES TO THEIR CHILDREN THROUGH AGREEMENTS 70
RATHER THAN BY RELYING ON JUDICIAL INTERVENTION. 71
(d) WHEN A PARENTING PLAN PROVIDES FOR MUTUAL 74
DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT THEY ARE UNABLE 75
TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A GOOD FAITH EFFORT 76
TO UTILIZE THE MEDIATION PROCESS AS REQUIRED BY THE PARENTING 77
PLAN.
(e) IN APPORTIONING BETWEEN THE PARENTS THE DAILY PHYSICAL 80
LIVING ARRANGEMENTS OF THE CHILD AND THE CHILD'S LOCATION DURING 81
LEGAL AND SCHOOL HOLIDAYS, VACATIONS, AND DAYS OF SPECIAL 82
IMPORTANCE, A COURT SHOULD NOT IMPOSE ANY TYPE OF STANDARD 83
SCHEDULE UNLESS A STANDARD SCHEDULE MEETS THE NEEDS OF THE CHILD
BETTER THAN ANY PROPOSED ALTERNATIVE PARENTING PLAN. 84
(B) IT IS, THEREFORE, THE PURPOSE OF CHAPTER 3109. OF THE 87
REVISED CODE, WHEN IT IS IN THE CHILD'S BEST INTEREST, TO FOSTER 89
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THE RELATIONSHIP BETWEEN THE CHILD AND EACH PARENT WHEN A COURT 90
ALLOCATES PARENTAL RIGHTS AND RESPONSIBILITIES WITH RESPECT TO 91
THE CHILD IN A DIVORCE, DISSOLUTION, LEGAL SEPARATION, ANNULMENT, 92
OR ANY OTHER PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL 93
RIGHTS AND RESPONSIBILITIES. 94
(C) THERE IS HEREBY CREATED THE TASK FORCE ON FAMILY LAW 97
AND CHILDREN CONSISTING OF TWENTY-FOUR MEMBERS. THE OHIO STATE 98
BAR ASSOCIATION SHALL APPOINT THREE MEMBERS WHO SHALL BE 99
ATTORNEYS WITH EXTENSIVE EXPERIENCE IN THE PRACTICE OF FAMILY 100
LAW. THE OHIO ASSOCIATION OF DOMESTIC RELATIONS JUDGES SHALL 102
APPOINT THREE MEMBERS WHO SHALL BE DOMESTIC RELATIONS JUDGES. 103
THE OHIO ASSOCIATION OF JUVENILE AND FAMILY COURT JUDGES SHALL 105
APPOINT THREE MEMBERS WHO SHALL BE JUVENILE OR FAMILY COURT 106
JUDGES. THE CHIEF JUSTICE OF THE SUPREME COURT SHALL APPOINT 107
EIGHT MEMBERS, THREE OF WHOM SHALL BE PERSONS WHO PRACTICE IN THE 108
FIELD OF FAMILY LAW MEDIATION, TWO OF WHOM SHALL BE PERSONS WHO 109
PRACTICE IN THE FIELD OF CHILD PSYCHOLOGY, ONE OF WHOM SHALL BE A 110
PERSON WHO REPRESENTS PARENT AND CHILD ADVOCACY ORGANIZATIONS, 111
ONE OF WHOM SHALL BE A PERSON WHO PROVIDES PARENTING EDUCATION 112
SERVICES, AND ONE OF WHOM SHALL BE A MAGISTRATE EMPLOYED BY A 113
DOMESTIC RELATIONS OR JUVENILE COURT. THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES SHALL APPOINT TWO MEMBERS WHO SHALL BE MEMBERS 114
OF THE HOUSE OF REPRESENTATIVES AND WHO SHALL BE FROM DIFFERENT 115
POLITICAL PARTIES. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO 116
MEMBERS WHO SHALL BE MEMBERS OF THE SENATE AND WHO SHALL BE FROM 117
DIFFERENT POLITICAL PARTIES. THE GOVERNOR SHALL APPOINT TWO 118
MEMBERS WHO SHALL REPRESENT CHILD CARING AGENCIES. ONE MEMBER 120
SHALL BE THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S
DESIGNEE. THE CHIEF JUSTICE SHALL DESIGNATE ONE MEMBER OF THE 121
TASK FORCE TO CHAIR THE TASK FORCE. 122
THE APPOINTING AUTHORITIES AND PERSONS SHALL MAKE INITIAL 125
APPOINTMENTS TO THE TASK FORCE ON FAMILY LAW AND CHILDREN WITHIN 126
THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. INITIAL 127
APPOINTMENTS TO THE TASK FORCE SHALL BE FOR TERMS ENDING JULY 1, 128
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1999. THEREAFTER, TERMS OF OFFICE SHALL BE FOR TWO YEARS, WITH 129
EACH TERM ENDING ON THE FIRST DAY OF JULY OF THE FOLLOWING 130
ODD-NUMBERED YEAR. MEMBERS WHO ARE MEMBERS OF THE GENERAL 131
ASSEMBLY SHALL HOLD OFFICE UNTIL THE END OF THE TERM FOR WHICH 132
THE MEMBER WAS APPOINTED OR UNTIL THE PERSON CEASES TO BE A 133
MEMBER OF THE GENERAL ASSEMBLY, WHICHEVER OCCURS FIRST. THE 134
DIRECTOR OF HUMAN SERVICES SHALL HOLD OFFICE UNTIL THE DIRECTOR 135
CEASES TO BE DIRECTOR OF HUMAN SERVICES. EACH MEMBER SHALL HOLD 136
OFFICE FROM THE DATE OF THE PERSON'S APPOINTMENT UNTIL THE END OF 138
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 139
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A 140
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE TERM FOR 142
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE AS 143
A MEMBER FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE 144
IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM 145
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF 146
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. SECTION 101.84 147
OF THE REVISED CODE DOES NOT APPLY TO THE TASK FORCE.
(D) THE TASK FORCE ON FAMILY LAW AND CHILDREN SHALL DO ALL 150
OF THE FOLLOWING:
(1) APPOINT AND FIX THE COMPENSATION OF ANY TECHNICAL, 152
PROFESSIONAL, AND CLERICAL EMPLOYEES AND PERFORM ANY SERVICES 153
THAT ARE NECESSARY TO CARRY OUT THE POWERS AND DUTIES OF THE TASK 154
FORCE ON FAMILY LAW AND CHILDREN. ALL EMPLOYEES OF THE TASK 155
FORCE SHALL SERVE AT THE PLEASURE OF THE TASK FORCE. 156
(2) BY DECEMBER 31, 1999, SUBMIT TO THE SPEAKER AND 159
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES AND TO THE 160
PRESIDENT AND THE MINORITY LEADER OF THE SENATE A REPORT OF ITS 161
FINDINGS AND RECOMMENDATIONS ON HOW TO CREATE A MORE CIVILIZED 162
AND CONSTRUCTIVE PROCESS FOR THE PARENTING OF CHILDREN WHOSE 163
PARENTS DO NOT RESIDE TOGETHER. THE RECOMMENDATIONS SHALL 164
PROPOSE A SYSTEM TO DO ALL OF THE FOLLOWING: 165
(a) PUT CHILDREN FIRST; 167
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(b) PROVIDE FAMILIES WITH CHOICES BEFORE THEY MAKE A 170
DECISION TO OBTAIN OR FINALIZE A DIVORCE, DISSOLUTION, LEGAL
SEPARATION, OR ANNULMENT; 171
(c) REDIRECT HUMAN SERVICES TO INTERVENTION AND 173
PREVENTION, RATHER THAN SUPPORTING THE CASUALTIES OF THE CURRENT 174
PROCESS; 175
(d) AVOID NEEDLESS CONFLICT BETWEEN THE PARTICIPANTS; 178
(e) ENCOURAGE PROBLEM SOLVING AMONG THE PARTICIPANTS; 181
(f) FORCE THE PARTICIPANTS TO ACT RESPONSIBLY; 184
(g) SHIELD BOTH THE PARTICIPANTS AND THEIR CHILDREN FROM 187
LASTING EMOTIONAL DAMAGE.
(3) GATHER INFORMATION ON AND STUDY THE CURRENT STATE OF 189
FAMILY LAW IN THIS STATE; 190
(4) COLLABORATE AND CONSULT WITH ENTITIES ENGAGED IN 192
FAMILY AND CHILDREN'S ISSUES INCLUDING, BUT NOT LIMITED TO, THE 194
OHIO ASSOCIATION OF CHILD CARING AGENCIES, THE OHIO FAMILY COURT 196
FEASIBILITY STUDY, AND THE OHIO COURTS FUTURES COMMISSION;
(5) UTILIZE FINDINGS AND OUTCOMES FROM PILOT PROJECTS 198
CONDUCTED BY THE OHIO FAMILY COURT FEASIBILITY STUDY TO EXPLORE 199
ALTERNATIVES IN CREATING A MORE CIVILIZED AND CONSTRUCTIVE 200
PROCESS FOR THE PARENTING OF CHILDREN WHOSE PARENTS DO NOT 201
RESIDE TOGETHER WITH AN EMPHASIS ON THE AREAS OF MEDIATION AND 203
OBTAINING VISITATION COMPLIANCE.
(E) COURTS OF COMMON PLEAS SHALL COOPERATE WITH THE TASK 206
FORCE ON FAMILY LAW AND CHILDREN IN THE PERFORMANCE OF THE TASK 207
FORCE'S DUTIES DESCRIBED IN DIVISION (D) OF THIS SECTION. 208