As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. 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-SENATORS LATTA-BLESSING- 12
WATTS-NEIN-CUPP-OELSLAGER-HOTTINGER-GARDNER-SPADA 13
_________________________________________________________________ 15
A B I L L
To amend section 3109.06 and to enact sections 17
3109.41 to 3109.48 of the Revised Code to deny 18
custody and visitation rights to, and to 19
terminate existing custody or visitation rights 20
of, a parent who has been convicted of aggravated
murder, murder, or voluntary manslaughter of the 21
other parent of the child. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That section 3109.06 be amended and sections 26
3109.41, 3109.42, 3109.43, 3109.44, 3109.45, 3109.46, 3109.47, 27
and 3109.48 of the Revised Code be enacted to read as follows: 28
Sec. 3109.06. Any court, other than a juvenile court, that 37
has jurisdiction in any case respecting the allocation of 38
parental rights and responsibilities for the care of a child 39
under eighteen years of age and the designation of the child's 40
place of residence and legal custodian or in any case respecting 41
the support of a child under eighteen years of age, may, on its 42
own motion or on motion of any interested party, with the consent 43
of the juvenile court, certify the record in the case or so much 44
of the record and such further information, in narrative form or 45
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otherwise, as the court deems necessary or the juvenile court 46
requests, to the juvenile court for further proceedings; upon the 47
certification, the juvenile court shall have exclusive 48
jurisdiction. 49
In cases in which the court of common pleas finds the 51
parents unsuitable to have the parental rights and 52
responsibilities for the care of the child or children and 53
unsuitable to provide the place of residence and to be the legal 54
custodian of the child or children, consent of the juvenile court 55
shall not be required to such certification. This section 56
applies to actions pending on August 28, 1951. 57
In any case in which a court of common pleas, or other 59
court having jurisdiction, has issued an order that allocates 60
parental rights and responsibilities for the care of minor 61
children and designates their place of residence and legal 62
custodian of minor children, has made an order for support of 63
minor children, or has done both, the jurisdiction of the court 64
shall not abate upon the death of the person awarded custody but 65
shall continue for all purposes during the minority of the 66
children, and the. THE court, upon its own motion or the motion 68
of either parent or of any interested person acting on behalf of 69
the children, may proceed to make further disposition of the case 70
in the best interests of the children, or if AND SUBJECT TO 71
SECTIONS 3109.42 TO 3109.48 OF THE REVISED CODE. IF the children 72
are under eighteen years of age, it may certify them, pursuant to 73
this section, to the juvenile court of any county for further 74
proceedings. After certification to a juvenile court, the 75
jurisdiction of the court of common pleas, or other court, shall 76
cease, except as to any payments of spousal support due for the 77
spouse and support payments due and unpaid for the children at 78
the time of the certification. 79
Any disposition made pursuant to this section, whether by a 81
juvenile court after a case is certified to it, or by any court 82
upon the death of a person awarded custody of a child, shall be 83
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made in accordance with section SECTIONS 3109.04 AND 3109.42 TO 85
3109.48 of the Revised Code. If an appeal is taken from a 86
decision made pursuant to this section that allocates parental 87
rights and responsibilities for the care of a minor child and 88
designates the child's place of residence and legal custodian, 89
the court of appeals shall give the case calendar priority and 90
handle it expeditiously.
Sec. 3109.41. AS USED IN SECTIONS 3109.41 TO 3109.48 OF 92
THE REVISED CODE: 94
(A) A PERSON IS "CONVICTED OF KILLING" IF THE PERSON HAS 97
BEEN CONVICTED OF OR PLEADED GUILTY TO A VIOLATION OF SECTION 98
2903.01, 2903.02, OR 2903.03 OF THE REVISED CODE. 100
(B) "CUSTODY ORDER" MEANS AN ORDER DESIGNATING A PERSON AS 103
THE RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF A CHILD UNDER 104
SECTION 3109.04 OF THE REVISED CODE OR ANY ORDER DETERMINING 106
CUSTODY OF A CHILD UNDER SECTION 2151.23, 2151.33, 2151.353, 107
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, OR 3113.31 OF 109
THE REVISED CODE.
(C) "VISITATION ORDER" MEANS AN ORDER ISSUED UNDER 111
DIVISION (B)(1)(c) OF SECTION 2151.33 OR UNDER SECTION 2151.412, 114
3109.051, 3109.12, OR 3113.31 OF THE REVISED CODE. 116
Sec. 3109.42. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 119
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 121
PARENT OF A CHILD, NO COURT SHALL ISSUE A CUSTODY ORDER 122
DESIGNATING THE PARENT AS THE RESIDENTIAL PARENT AND LEGAL 123
CUSTODIAN OF THE CHILD OR GRANTING CUSTODY OF THE CHILD TO THE 124
PARENT.
Sec. 3109.43. EXCEPT AS PROVIDED IN SECTION 3109.47 OF THE 127
REVISED CODE, IF A PARENT IS CONVICTED OF KILLING THE OTHER 129
PARENT OF A CHILD, NO COURT SHALL ISSUE A VISITATION ORDER 130
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD. 131
Sec. 3109.44. UPON RECEIPT OF NOTICE THAT A VISITATION 133
ORDER IS PENDING OR HAS BEEN ISSUED GRANTING A PARENT VISITATION 135
RIGHTS WITH A CHILD OR A CUSTODY ORDER IS PENDING OR HAS BEEN 136
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ISSUED DESIGNATING A PARENT AS THE RESIDENTIAL PARENT AND LEGAL 137
CUSTODIAN OF A CHILD OR GRANTING CUSTODY OF A CHILD TO A PARENT 138
PRIOR TO THAT PARENT BEING CONVICTED OF KILLING THE OTHER PARENT 139
OF THE CHILD, THE COURT IN WHICH THE PARENT IS CONVICTED OF 140
KILLING THE OTHER PARENT SHALL IMMEDIATELY NOTIFY THE COURT THAT 141
ISSUED THE VISITATION OR CUSTODY ORDER OF THE CONVICTION. 142
Sec. 3109.45. ON RECEIPT OF NOTICE UNDER SECTION 3109.44 144
OF THE REVISED CODE, A COURT THAT ISSUED A VISITATION ORDER 147
DESCRIBED IN THAT SECTION SHALL TERMINATE THE ORDER. 148
Sec. 3109.46. IF THE COURT TO WHICH NOTICE IS SENT UNDER 150
SECTION 3109.44 OF THE REVISED CODE IS A JUVENILE COURT THAT 153
ISSUED A CUSTODY ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL 154
RETAIN JURISDICTION OVER THE ORDER. IF THE COURT TO WHICH NOTICE 155
IS SENT IS NOT A JUVENILE COURT BUT THE COURT ISSUED A CUSTODY 156
ORDER DESCRIBED IN THAT SECTION, THE COURT SHALL TRANSFER 157
JURISDICTION OVER THE CUSTODY ORDER TO THE JUVENILE COURT OF THE 158
COUNTY IN WHICH THE CHILD HAS A RESIDENCE OR LEGAL SETTLEMENT. 159
ON RECEIPT OF THE NOTICE IN CASES IN WHICH THE CUSTODY 161
ORDER WAS ISSUED BY A JUVENILE COURT OR AFTER JURISDICTION IS 162
TRANSFERRED, THE JUVENILE COURT WITH JURISDICTION SHALL TERMINATE 164
THE CUSTODY ORDER.
THE TERMINATION ORDER SHALL BE TREATED AS A COMPLAINT FILED 167
UNDER SECTION 2151.27 OF THE REVISED CODE ALLEGING THE CHILD 169
SUBJECT OF THE CUSTODY ORDER TO BE A DEPENDENT CHILD. IF A 170
JUVENILE COURT ISSUED THE TERMINATED CUSTODY ORDER UNDER A PRIOR 171
JUVENILE PROCEEDING UNDER CHAPTER 2151. OF THE REVISED CODE IN 174
WHICH THE CHILD WAS ADJUDICATED AN ABUSED, NEGLECTED, DEPENDENT, 175
UNRULY, OR DELINQUENT CHILD OR A JUVENILE TRAFFIC OFFENDER, THE 176
COURT SHALL TREAT THE TERMINATION ORDER AS A NEW COMPLAINT. 177
Sec. 3109.47. (A) A COURT MAY DO ONE OF THE FOLLOWING 179
WITH RESPECT TO A PARENT CONVICTED OF KILLING THE OTHER PARENT OF 180
A CHILD IF THE COURT DETERMINES, BY CLEAR AND CONVINCING 181
EVIDENCE, THAT IT IS IN THE BEST INTEREST OF THE CHILD AND THE 182
CHILD CONSENTS:
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(1) ISSUE A CUSTODY ORDER DESIGNATING THE PARENT AS THE 185
RESIDENTIAL PARENT AND LEGAL CUSTODIAN OF THE CHILD OR GRANTING 186
CUSTODY OF THE CHILD TO THAT PARENT; 187
(2) ISSUE A VISITATION ORDER GRANTING THAT PARENT 190
VISITATION RIGHTS WITH THE CHILD. 191
(B) WHEN CONSIDERING THE ABILITY OF A CHILD TO CONSENT AND 193
THE VALIDITY OF A CHILD'S CONSENT UNDER THIS SECTION, THE COURT 194
SHALL CONSIDER THE WISHES OF THE CHILD, AS EXPRESSED DIRECTLY BY 195
THE CHILD OR THROUGH THE CHILD'S GUARDIAN AD LITEM, WITH DUE 196
REGARD FOR THE MATURITY OF THE CHILD. 197
Sec. 3109.48. NO PERSON, WITH THE CHILD OF THE PARENT 199
PRESENT, SHALL VISIT THE PARENT WHO HAS BEEN CONVICTED OF KILLING 201
THE CHILD'S OTHER PARENT UNLESS A COURT HAS ISSUED AN ORDER 202
GRANTING THE PARENT VISITATION RIGHTS WITH THE CHILD AND THE 203
CHILD'S CUSTODIAN OR LEGAL GUARDIAN CONSENTS TO THE VISIT. 204
Section 2. That existing section 3109.06 of the Revised 206
Code is hereby repealed. 207