As Reported by House Children and Family Services Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 191 5
1999-2000 6
REPRESENTATIVES CLANCY-ALLEN-CATES-DePIERO-FORD-GRENDELL- 7
JOLIVETTE-KREBS-O'BRIEN-PRINGLE-SULLIVAN-TERWILLEGER-THOMAS- 8
WILLIAMS-WINKLER-WOMER BENJAMIN-FLANNERY-METZGER-WILLAMOWSKI 9
_________________________________________________________________ 10
A B I L L
To amend section 3109.06 and to enact sections 12
3109.41 to 3109.48 of the Revised Code to deny 13
custody and visitation rights to, and to 14
terminate existing custody or visitation rights 15
of, a parent who has been convicted of aggravated
murder, murder, or voluntary manslaughter of the 16
other parent of the child. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 3109.06 be amended and section 21
3109.41, 3109.42, 3109.43, 3109.44, 3109.45, 3109.46, 3109.47, 22
and 3109.48 of the Revised Code be enacted to read as follows: 23
Sec. 3109.06. Any court, other than a juvenile court, that 32
has jurisdiction in any case respecting the allocation of 33
parental rights and responsibilities for the care of a child 34
under eighteen years of age and the designation of the child's 35
place of residence and legal custodian or in any case respecting 36
the support of a child under eighteen years of age, may, on its 37
own motion or on motion of any interested party, with the consent 38
of the juvenile court, certify the record in the case or so much 39
of the record and such further information, in narrative form or 40
otherwise, as the court deems necessary or the juvenile court 41
requests, to the juvenile court for further proceedings; upon the 42
certification, the juvenile court shall have exclusive 43
jurisdiction. 44
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In cases in which the court of common pleas finds the 46
parents unsuitable to have the parental rights and 47
responsibilities for the care of the child or children and 48
unsuitable to provide the place of residence and to be the legal 49
custodian of the child or children, consent of the juvenile court 50
shall not be required to such certification. This section 51
applies to actions pending on August 28, 1951. 52
In any case in which a court of common pleas, or other 54
court having jurisdiction, has issued an order that allocates 55
parental rights and responsibilities for the care of minor 56
children and designates their place of residence and legal 57
custodian of minor children, has made an order for support of 58
minor children, or has done both, the jurisdiction of the court 59
shall not abate upon the death of the person awarded custody but 60
shall continue for all purposes during the minority of the 61
children, and the. THE court, upon its own motion or the motion 63
of either parent or of any interested person acting on behalf of 64
the children, may proceed to make further disposition of the case 65
in the best interests of the children, or if AND SUBJECT TO 66
SECTIONS 3109.42 TO 3109.48 OF THE REVISED CODE. IF the children 67
are under eighteen years of age, it may certify them, pursuant to 68
this section, to the juvenile court of any county for further 69
proceedings. After certification to a juvenile court, the 70
jurisdiction of the court of common pleas, or other court, shall 71
cease, except as to any payments of spousal support due for the 72
spouse and support payments due and unpaid for the children at 73
the time of the certification. 74
Any disposition made pursuant to this section, whether by a 76
juvenile court after a case is certified to it, or by any court 77
upon the death of a person awarded custody of a child, shall be 78
made in accordance with section SECTIONS 3109.04 AND 3109.42 TO 80
3109.48 of the Revised Code. If an appeal is taken from a 81
decision made pursuant to this section that allocates parental 82
rights and responsibilities for the care of a minor child and 83
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designates the child's place of residence and legal custodian, 84
the court of appeals shall give the case calendar priority and 85
handle it expeditiously.
Sec. 3109.41. AS USED IN SECTIONS 3109.41 TO 3109.48 OF 87
THE REVISED CODE: 89
(A) A PERSON IS "CONVICTED OF KILLING" IF THE PERSON HAS 92
BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF SECTION 93
2903.01, 2903.02, OR 2903.03 OF THE REVISED CODE; 95
(B) "CUSTODY ORDER" MEANS AN ORDER DESIGNATING A PERSON AS 98
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A CHILD UNDER 99
SECTION 3109.04 OF THE REVISED CODE OR ANY ORDER DETERMINING 101
CUSTODY OF A CHILD UNDER SECTION 2151.23, 2151.33, 2151.353, 102
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, OR 3113.31 OF 104
THEREVISED CODE.
(C) "VISITATION ORDER" MEANS AN ORDER ISSUED UNDER 106
DIVISION (B)(1)(c) OF SECTION 2151.33 OR UNDER SECTION 2151.412, 109
3109.051, 3109.12, OR 3113.31 OF THE REVISED CODE. 111
Sec. 3109.42. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 114
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 116
PARENT OF A CHILD, NO COURT SHALL ISSUE A CUSTODY ORDER 117
DESIGNATING THE PARENT AS THE RESIDENTIAL PARENT AND LEGAL 118
CUSTODIAN OF THE CHILD OR GRANTING CUSTODY OF THE CHILD TO THE 119
PARENT.
Sec. 3109.43. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 122
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 124
PARENT OF A CHILD, NO COURT SHALL ISSUE A VISITATION ORDER 125
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD. 126
Sec. 3109.44. IF A VISITATION ORDER WAS ISSUED GRANTING A 129
PARENT VISITATION RIGHTS WITH A CHILD OR A CUSTODY ORDER HAS BEEN 130
ISSUED DESIGNATING A PARENT AS THE RESIDENTIAL PARENT AND LEGAL 131
CUSTODIAN OF A CHILD OR GRANTING CUSTODY OF A CHILD TO A PARENT 132
PRIOR TO THAT PARENT BEING CONVICTED OF KILLING THE OTHER PARENT 133
OF THE CHILD, THE COURT IN WHICH THE PARENT IS CONVICTED OF 134
KILLING THE OTHER PARENT SHALL IMMEDIATELY NOTIFY THE COURT THAT 135
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ISSUED THE VISITATION OR CUSTODY ORDER. 136
Sec. 3109.45. ON RECEIPT OF NOTICE UNDER SECTION 3109.44 138
OF THE REVISED CODE, A COURT THAT ISSUED A VISITATION ORDER 141
DESCRIBED IN THAT SECTION SHALL TERMINATE THE ORDER. 142
Sec. 3109.46. IF THE COURT TO WHICH NOTICE IS SENT UNDER 144
SECTION 3109.44 OF THE REVISED CODE IS A JUVENILE COURT THAT 147
ISSUED A CUSTODY ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL 148
RETAIN JURISDICTION OVER THE ORDER. IF THE COURT TO WHICH NOTICE 149
IS SENT IS NOT A JUVENILE COURT BUT THE COURT ISSUED A CUSTODY 150
ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL TRANSFER 151
JURISDICTION OVER THE CUSTODY ORDER TO THE JUVENILE COURT OF THE 152
COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT. 153
ON RECEIPT OF THE NOTICE IN CASES IN WHICH THE CUSTODY 155
ORDER WAS ISSUED BY A JUVENILE COURT OR AFTER JURISDICTION IS 156
TRANSFERRED, THE JUVENILE COURT WITH JURISDICTION SHALL TERMINATE 158
THE CUSTODY ORDER.
THE TERMINATION ORDER SHALL BE TREATED AS A COMPLAINT FILED 161
UNDER SECTION 2151.27 OF THE REVISED CODE ALLEGING THE CHILD 163
SUBJECT OF THE CUSTODY ORDER TO BE A DEPENDENT CHILD. IF A 164
JUVENILE COURT ISSUED THE TERMINATED CUSTODY ORDER UNDER A PRIOR 165
JUVENILE PROCEEDING UNDER CHAPTER 2151. OF THE REVISED CODE IN 168
WHICH THE CHILD WAS ADJUDICATED AN ABUSED, NEGLECTED, DEPENDENT, 169
UNRULY, OR DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE 170
COURT SHALL TREAT THE TERMINATION ORDER AS A NEW COMPLAINT. 171
Sec. 3109.47. A COURT MAY DO ONE OF THE FOLLOWING WITH 173
RESPECT TO A PARENT CONVICTED OF KILLING THE OTHER PARENT OF A 174
CHILD IF THE COURT DETERMINES, BY CLEAR AND CONVINCING EVIDENCE, 175
THAT IT IS IN THE BEST INTEREST OF THE CHILD AND THE CHILD 176
CONSENTS:
(A) ISSUE A CUSTODY ORDER DESIGNATING THE PARENT AS THE 179
RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD OR GRANTING 180
CUSTODY OF THE CHILD TO THAT PARENT; 181
(B) ISSUE A VISITATION ORDER GRANTING THAT PARENT 184
VISITATION RIGHTS WITH THE CHILD. 185
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Sec. 3109.48. NO PERSON, WITH THE CHILD OF THE PARENT 187
PRESENT, SHALL VISIT THE PARENT WHO HAS BEEN CONVICTED OF KILLING 189
THE CHILD'S OTHER PARENT UNLESS A COURT HAS ISSUED AN ORDER 190
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD AND THE 191
CHILD'S CUSTODIAN OR LEGAL GUARDIAN CONSENTS TO THE VISIT. 192
Section 2. That existing section 3109.06 of the Revised 194
Code is hereby repealed. 195