As Passed by the House 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
FERDERBER-SALERNO-HARRIS-CALVERT-BRADING-VERICH-BENDER-JONES- 10
PERRY-YOUNG-TAYLOR-DISTEL-MAIER-JACOBSON-PATTON-HOLLISTER- 11
SCHULER-SCHURING-JERSE-BRITTON-BARRETT 12
_________________________________________________________________ 13
A B I L L
To amend section 3109.06 and to enact sections 15
3109.41 to 3109.48 of the Revised Code to deny 16
custody and visitation rights to, and to 17
terminate existing custody or visitation rights 18
of, a parent who has been convicted of aggravated
murder, murder, or voluntary manslaughter of the 19
other parent of the child. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That section 3109.06 be amended and section 24
3109.41, 3109.42, 3109.43, 3109.44, 3109.45, 3109.46, 3109.47, 25
and 3109.48 of the Revised Code be enacted to read as follows: 26
Sec. 3109.06. Any court, other than a juvenile court, that 35
has jurisdiction in any case respecting the allocation of 36
parental rights and responsibilities for the care of a child 37
under eighteen years of age and the designation of the child's 38
place of residence and legal custodian or in any case respecting 39
the support of a child under eighteen years of age, may, on its 40
own motion or on motion of any interested party, with the consent 41
of the juvenile court, certify the record in the case or so much 42
of the record and such further information, in narrative form or 43
otherwise, as the court deems necessary or the juvenile court 44
2
requests, to the juvenile court for further proceedings; upon the 45
certification, the juvenile court shall have exclusive 46
jurisdiction. 47
In cases in which the court of common pleas finds the 49
parents unsuitable to have the parental rights and 50
responsibilities for the care of the child or children and 51
unsuitable to provide the place of residence and to be the legal 52
custodian of the child or children, consent of the juvenile court 53
shall not be required to such certification. This section 54
applies to actions pending on August 28, 1951. 55
In any case in which a court of common pleas, or other 57
court having jurisdiction, has issued an order that allocates 58
parental rights and responsibilities for the care of minor 59
children and designates their place of residence and legal 60
custodian of minor children, has made an order for support of 61
minor children, or has done both, the jurisdiction of the court 62
shall not abate upon the death of the person awarded custody but 63
shall continue for all purposes during the minority of the 64
children, and the. THE court, upon its own motion or the motion 66
of either parent or of any interested person acting on behalf of 67
the children, may proceed to make further disposition of the case 68
in the best interests of the children, or if AND SUBJECT TO 69
SECTIONS 3109.42 TO 3109.48 OF THE REVISED CODE. IF the children 70
are under eighteen years of age, it may certify them, pursuant to 71
this section, to the juvenile court of any county for further 72
proceedings. After certification to a juvenile court, the 73
jurisdiction of the court of common pleas, or other court, shall 74
cease, except as to any payments of spousal support due for the 75
spouse and support payments due and unpaid for the children at 76
the time of the certification. 77
Any disposition made pursuant to this section, whether by a 79
juvenile court after a case is certified to it, or by any court 80
upon the death of a person awarded custody of a child, shall be 81
made in accordance with section SECTIONS 3109.04 AND 3109.42 TO 83
3
3109.48 of the Revised Code. If an appeal is taken from a 84
decision made pursuant to this section that allocates parental 85
rights and responsibilities for the care of a minor child and 86
designates the child's place of residence and legal custodian, 87
the court of appeals shall give the case calendar priority and 88
handle it expeditiously.
Sec. 3109.41. AS USED IN SECTIONS 3109.41 TO 3109.48 OF 90
THE REVISED CODE: 92
(A) A PERSON IS "CONVICTED OF KILLING" IF THE PERSON HAS 95
BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF SECTION 96
2903.01, 2903.02, OR 2903.03 OF THE REVISED CODE. 98
(B) "CUSTODY ORDER" MEANS AN ORDER DESIGNATING A PERSON AS 101
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A CHILD UNDER 102
SECTION 3109.04 OF THE REVISED CODE OR ANY ORDER DETERMINING 104
CUSTODY OF A CHILD UNDER SECTION 2151.23, 2151.33, 2151.353, 105
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, OR 3113.31 OF 107
THE REVISED CODE.
(C) "VISITATION ORDER" MEANS AN ORDER ISSUED UNDER 109
DIVISION (B)(1)(c) OF SECTION 2151.33 OR UNDER SECTION 2151.412, 112
3109.051, 3109.12, OR 3113.31 OF THE REVISED CODE. 114
Sec. 3109.42. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 117
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 119
PARENT OF A CHILD, NO COURT SHALL ISSUE A CUSTODY ORDER 120
DESIGNATING THE PARENT AS THE RESIDENTIAL PARENT AND LEGAL 121
CUSTODIAN OF THE CHILD OR GRANTING CUSTODY OF THE CHILD TO THE 122
PARENT.
Sec. 3109.43. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 125
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 127
PARENT OF A CHILD, NO COURT SHALL ISSUE A VISITATION ORDER 128
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD. 129
Sec. 3109.44. IF A VISITATION ORDER WAS ISSUED GRANTING A 132
PARENT VISITATION RIGHTS WITH A CHILD OR A CUSTODY ORDER HAS BEEN 133
ISSUED DESIGNATING A PARENT AS THE RESIDENTIAL PARENT AND LEGAL 134
CUSTODIAN OF A CHILD OR GRANTING CUSTODY OF A CHILD TO A PARENT 135
4
PRIOR TO THAT PARENT BEING CONVICTED OF KILLING THE OTHER PARENT 136
OF THE CHILD, THE COURT IN WHICH THE PARENT IS CONVICTED OF 137
KILLING THE OTHER PARENT SHALL IMMEDIATELY NOTIFY THE COURT THAT 138
ISSUED THE VISITATION OR CUSTODY ORDER. 139
Sec. 3109.45. ON RECEIPT OF NOTICE UNDER SECTION 3109.44 141
OF THE REVISED CODE, A COURT THAT ISSUED A VISITATION ORDER 144
DESCRIBED IN THAT SECTION SHALL TERMINATE THE ORDER. 145
Sec. 3109.46. IF THE COURT TO WHICH NOTICE IS SENT UNDER 147
SECTION 3109.44 OF THE REVISED CODE IS A JUVENILE COURT THAT 150
ISSUED A CUSTODY ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL 151
RETAIN JURISDICTION OVER THE ORDER. IF THE COURT TO WHICH NOTICE 152
IS SENT IS NOT A JUVENILE COURT BUT THE COURT ISSUED A CUSTODY 153
ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL TRANSFER 154
JURISDICTION OVER THE CUSTODY ORDER TO THE JUVENILE COURT OF THE 155
COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT. 156
ON RECEIPT OF THE NOTICE IN CASES IN WHICH THE CUSTODY 158
ORDER WAS ISSUED BY A JUVENILE COURT OR AFTER JURISDICTION IS 159
TRANSFERRED, THE JUVENILE COURT WITH JURISDICTION SHALL TERMINATE 161
THE CUSTODY ORDER.
THE TERMINATION ORDER SHALL BE TREATED AS A COMPLAINT FILED 164
UNDER SECTION 2151.27 OF THE REVISED CODE ALLEGING THE CHILD 166
SUBJECT OF THE CUSTODY ORDER TO BE A DEPENDENT CHILD. IF A 167
JUVENILE COURT ISSUED THE TERMINATED CUSTODY ORDER UNDER A PRIOR 168
JUVENILE PROCEEDING UNDER CHAPTER 2151. OF THE REVISED CODE IN 171
WHICH THE CHILD WAS ADJUDICATED AN ABUSED, NEGLECTED, DEPENDENT, 172
UNRULY, OR DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE 173
COURT SHALL TREAT THE TERMINATION ORDER AS A NEW COMPLAINT. 174
Sec. 3109.47. A COURT MAY DO ONE OF THE FOLLOWING WITH 176
RESPECT TO A PARENT CONVICTED OF KILLING THE OTHER PARENT OF A 177
CHILD IF THE COURT DETERMINES, BY CLEAR AND CONVINCING EVIDENCE, 178
THAT IT IS IN THE BEST INTEREST OF THE CHILD AND THE CHILD 179
CONSENTS:
(A) ISSUE A CUSTODY ORDER DESIGNATING THE PARENT AS THE 182
RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD OR GRANTING 183
5
CUSTODY OF THE CHILD TO THAT PARENT; 184
(B) ISSUE A VISITATION ORDER GRANTING THAT PARENT 187
VISITATION RIGHTS WITH THE CHILD. 188
Sec. 3109.48. NO PERSON, WITH THE CHILD OF THE PARENT 190
PRESENT, SHALL VISIT THE PARENT WHO HAS BEEN CONVICTED OF KILLING 192
THE CHILD'S OTHER PARENT UNLESS A COURT HAS ISSUED AN ORDER 193
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD AND THE 194
CHILD'S CUSTODIAN OR LEGAL GUARDIAN CONSENTS TO THE VISIT. 195
Section 2. That existing section 3109.06 of the Revised 197
Code is hereby repealed. 198