As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 191 5
1999-2000 6
REPRESENTATIVES CLANCY-ALLEN-CATES-DePIERO-FORD-GRENDELL-JOLIVETTE- 8
KREBS-O'BRIEN-PRINGLE-SULLIVAN-TERWILLEGER-THOMAS-WILLIAMS-WINKLER- 8
WOMER BENJAMIN 10
_________________________________________________________________ 11
A B I L L
To amend section 3109.06 and to enact sections 13
3109.41 to 3109.48 of the Revised Code to deny 14
custody and visitation rights to, and to 15
terminate existing custody or visitation rights 16
of, a parent who has been convicted of aggravated
murder, murder, or involuntary manslaughter of 17
the other parent of the child. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That section 3109.06 be amended and section 22
3109.41, 3109.42, 3109.43, 3109.44, 3109.45, 3109.46, 3109.47, 23
and 3109.48 of the Revised Code be enacted to read as follows: 24
Sec. 3109.06. Any court, other than a juvenile court, that 33
has jurisdiction in any case respecting the allocation of 34
parental rights and responsibilities for the care of a child 35
under eighteen years of age and the designation of the child's 36
place of residence and legal custodian or in any case respecting 37
the support of a child under eighteen years of age, may, on its 38
own motion or on motion of any interested party, with the consent 39
of the juvenile court, certify the record in the case or so much 40
of the record and such further information, in narrative form or 41
otherwise, as the court deems necessary or the juvenile court 42
requests, to the juvenile court for further proceedings; upon the 43
certification, the juvenile court shall have exclusive 44
jurisdiction. 45
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In cases in which the court of common pleas finds the 47
parents unsuitable to have the parental rights and 48
responsibilities for the care of the child or children and 49
unsuitable to provide the place of residence and to be the legal 50
custodian of the child or children, consent of the juvenile court 51
shall not be required to such certification. This section 52
applies to actions pending on August 28, 1951. 53
In any case in which a court of common pleas, or other 55
court having jurisdiction, has issued an order that allocates 56
parental rights and responsibilities for the care of minor 57
children and designates their place of residence and legal 58
custodian of minor children, has made an order for support of 59
minor children, or has done both, the jurisdiction of the court 60
shall not abate upon the death of the person awarded custody but 61
shall continue for all purposes during the minority of the 62
children, and the. THE court, upon its own motion or the motion 64
of either parent or of any interested person acting on behalf of 65
the children, may proceed to make further disposition of the case 66
in the best interests of the children, or if AND SUBJECT TO 67
SECTIONS 3109.42 TO 3109.48 OF THE REVISED CODE. IF the children 68
are under eighteen years of age, it may certify them, pursuant to 69
this section, to the juvenile court of any county for further 70
proceedings. After certification to a juvenile court, the 71
jurisdiction of the court of common pleas, or other court, shall 72
cease, except as to any payments of spousal support due for the 73
spouse and support payments due and unpaid for the children at 74
the time of the certification. 75
Any disposition made pursuant to this section, whether by a 77
juvenile court after a case is certified to it, or by any court 78
upon the death of a person awarded custody of a child, shall be 79
made in accordance with section SECTIONS 3109.04 AND 3109.42 TO 81
3109.48 of the Revised Code. If an appeal is taken from a 82
decision made pursuant to this section that allocates parental 83
rights and responsibilities for the care of a minor child and 84
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designates the child's place of residence and legal custodian, 85
the court of appeals shall give the case calendar priority and 86
handle it expeditiously.
Sec. 3109.41. AS USED IN SECTIONS 3109.41 TO 3109.48 OF 88
THE REVISED CODE: 90
(A) A PERSON IS "CONVICTED OF KILLING" IF THE PERSON HAS 93
BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF SECTION 94
2903.01, 2903.02, OR 2903.03 OF THE REVISED CODE; 96
(B) "CUSTODY ORDER" MEANS AN ORDER DESIGNATING A PERSON AS 99
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A CHILD UNDER 100
SECTION 3109.04 OF THE REVISED CODE OR ANY ORDER DETERMINING 102
CUSTODY OF A CHILD UNDER SECTION 2151.23, 2151.33, 2151.353, 103
2151.415, 2151.417, OR 3113.31 OF THE REVISED CODE. 106
(C) "VISITATION ORDER" MEANS AN ORDER ISSUED UNDER 108
DIVISION (B)(1)(c) OF SECTION 2151.33 OR UNDER SECTION 2151.412, 111
3109.05, 3109.12, OR 3113.31 OF THE REVISED CODE. 113
Sec. 3109.42. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 116
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 118
PARENT OF A CHILD, NO COURT SHALL ISSUE A CUSTODY ORDER 119
DESIGNATING THE PARENT AS THE RESIDENTIAL PARENT AND LEGAL 120
CUSTODIAN OF THE CHILD OR GRANTING CUSTODY OF THE CHILD TO THE 121
PARENT.
Sec. 3109.43. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 124
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 126
PARENT OF A CHILD, NO COURT SHALL ISSUE A VISITATION ORDER 127
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD. 128
Sec. 3109.44. IF A VISITATION ORDER WAS ISSUED GRANTING A 131
PARENT VISITATION RIGHTS WITH A CHILD OR A CUSTODY ORDER HAS BEEN 132
ISSUED DESIGNATING A PARENT AS THE RESIDENTIAL PARENT AND LEGAL 133
CUSTODIAN OF A CHILD OR GRANTING CUSTODY OF A CHILD TO A PARENT 134
PRIOR TO THAT PARENT BEING CONVICTED OF KILLING THE OTHER PARENT 135
OF THE CHILD, THE COURT IN WHICH THE PARENT IS CONVICTED OF 136
KILLING THE OTHER PARENT SHALL IMMEDIATELY NOTIFY THE COURT THAT 137
ISSUED THE VISITATION OR CUSTODY ORDER. 138
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Sec. 3109.45. ON RECEIPT OF NOTICE UNDER SECTION 3109.44 140
OF THE REVISED CODE, A COURT THAT ISSUED A VISITATION ORDER 143
DESCRIBED IN THAT SECTION SHALL TERMINATE THE ORDER. 144
Sec. 3109.46. IF THE COURT TO WHICH NOTICE IS SENT UNDER 146
SECTION 3109.44 OF THE REVISED CODE IS A JUVENILE COURT THAT 149
ISSUED A CUSTODY ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL 150
RETAIN JURISDICTION OVER THE ORDER. IF THE COURT TO WHICH NOTICE 151
IS SENT IS NOT A JUVENILE COURT BUT THE COURT ISSUED A CUSTODY 152
ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL TRANSFER 153
JURISDICTION OVER THE CUSTODY ORDER TO THE JUVENILE COURT OF THE 154
COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT. 155
ON RECEIPT OF THE NOTICE IN CASES IN WHICH THE CUSTODY 157
ORDER WAS ISSUED BY A JUVENILE COURT OR AFTER JURISDICTION IS 158
TRANSFERRED, THE JUVENILE COURT WITH JURISDICTION SHALL TERMINATE 160
THE CUSTODY ORDER.
THE TERMINATION ORDER SHALL BE TREATED AS A COMPLAINT FILED 163
UNDER SECTION 2151.27 OF THE REVISED CODE ALLEGING THE CHILD 165
SUBJECT OF THE CUSTODY ORDER TO BE A DEPENDENT CHILD. IF A 166
JUVENILE COURT ISSUED THE TERMINATED CUSTODY ORDER UNDER A PRIOR 167
JUVENILE PROCEEDING UNDER CHAPTER 2151. OF THE REVISED CODE IN 170
WHICH THE CHILD WAS ADJUDICATED AN ABUSED, NEGLECTED, DEPENDENT, 171
UNRULY, OR DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE 172
COURT SHALL TREAT THE TERMINATION ORDER AS A NEW COMPLAINT. 173
Sec. 3109.47. A COURT MAY DO ONE OF THE FOLLOWING WITH 175
RESPECT TO A PARENT CONVICTED OF KILLING THE OTHER PARENT OF A 176
CHILD IF IT DETERMINES THE CHILD IS OF SUITABLE AGE TO CONSENT TO 178
ANY OF THE FOLLOWING AND THE CHILD CONSENTS:
(A) ISSUE A CUSTODY ORDER DESIGNATING THE PARENT AS THE 181
RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD OR GRANTING 182
CUSTODY OF THE CHILD TO THAT PARENT; 183
(B) ISSUE A VISITATION ORDER GRANTING THAT PARENT 186
VISITATION RIGHTS WITH THE CHILD. 187
Sec. 3109.48. NO PERSON, WITH THE CHILD OF THE PARENT 189
PRESENT, SHALL VISIT THE PARENT WHO HAS BEEN CONVICTED OF KILLING 191
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THE CHILD'S OTHER PARENT UNLESS A COURT HAS ISSUED AN ORDER 192
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD AND THE 193
CHILD'S CUSTODIAN OR LEGAL GUARDIAN CONSENTS TO THE VISIT. 194
Section 2. That existing section 3109.06 of the Revised 196
Code is hereby repealed. 197