As Reported by the Senate Judiciary Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 583 5
1999-2000 6
REPRESENTATIVES WILLIAMS-COUGHLIN-ROMAN-SUTTON-BUCHY-SYKES 8
_________________________________________________________________ 9
A B I L L
To amend sections 2151.23 and 2301.03 of the Revised 11
Code to specify that, in Summit County, 13
jurisdiction over paternity, custody, visitation,
child support, and allocation of parental rights 14
and responsibilities for the care of children
cases, over post-decree proceedings arising from 15
those cases, and over Uniform Interstate Family 16
Support Act proceedings generally is in the 17
Domestic Relations Division of the Summit County
Court of Common Pleas and to declare an 18
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 2151.23 and 2301.03 of the 22
Revised Code be amended to read as follows: 23
Sec. 2151.23. (A) The juvenile court has exclusive 32
original jurisdiction under the Revised Code as follows: 33
(1) Concerning any child who on or about the date 35
specified in the complaint is alleged to be a juvenile traffic 36
offender or a delinquent, unruly, abused, neglected, or dependent 38
child;
(2) Subject to division (V) of section 2301.03 of the 40
Revised Code, to determine the custody of any child not a ward of 41
another court of this state; 42
(3) To hear and determine any application for a writ of 44
habeas corpus involving the custody of a child; 45
(4) To exercise the powers and jurisdiction given the 47
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probate division of the court of common pleas in Chapter 5122. of 49
the Revised Code, if the court has probable cause to believe that 50
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 51
defined in section 5122.01 of the Revised Code; 52
(5) To hear and determine all criminal cases charging 54
adults with the violation of any section of this chapter; 55
(6) To hear and determine all criminal cases in which an 57
adult is charged with a violation of division (C) of section 58
2919.21, division (B)(1) of section 2919.22, division (B) of 59
section 2919.23, or section 2919.24 of the Revised Code, provided 60
the charge is not included in an indictment that also charges the 61
alleged adult offender with the commission of a felony arising 62
out of the same actions that are the basis of the alleged 63
violation of division (C) of section 2919.21, division (B)(1) of 64
section 2919.22, division (B) of section 2919.23, or section 65
2919.24 of the Revised Code; 66
(7) Under the interstate compact on juveniles in section 68
2151.56 of the Revised Code; 69
(8) Concerning any child who is to be taken into custody 71
pursuant to section 2151.31 of the Revised Code, upon being 72
notified of the intent to take the child into custody and the 73
reasons for taking the child into custody; 74
(9) To hear and determine requests for the extension of 76
temporary custody agreements, and requests for court approval of 77
permanent custody agreements, that are filed pursuant to section 78
5103.15 of the Revised Code; 79
(10) To hear and determine applications for consent to 81
marry pursuant to section 3101.04 of the Revised Code; 82
(11) Subject to division (V) of section 2301.03 of the 84
Revised Code, to hear and determine a request for an order for 85
the support of any child if the request is not ancillary to an 86
action for divorce, dissolution of marriage, annulment, or legal 87
separation, a criminal or civil action involving an allegation of 88
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domestic violence, or an action for support brought under Chapter 89
3115. of the Revised Code; 90
(12) Concerning an action commenced under section 121.38 92
of the Revised Code; 93
(13) Concerning an action commenced under section 2151.55 95
of the Revised Code. 96
(B) The EXCEPT AS PROVIDED IN DIVISION (I) OF SECTION 98
2301.03 OF THE REVISED CODE, THE juvenile court has original 99
jurisdiction under the Revised Code: 100
(1) To hear and determine all cases of misdemeanors 102
charging adults with any act or omission with respect to any 103
child, which act or omission is a violation of any state law or 104
any municipal ordinance; 105
(2) To determine the paternity of any child alleged to 107
have been born out of wedlock pursuant to sections 3111.01 to 108
3111.19 of the Revised Code; 109
(3) Under the uniform interstate family support act in 113
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 115
the support of any child, if the child is not a ward of another 116
court of this state; 117
(5) To hear and determine an action commenced under 119
section 5101.314 of the Revised Code. 120
(C) The juvenile court, except as to juvenile courts that 122
are a separate division of the court of common pleas or a 123
separate and independent juvenile court, has jurisdiction to 124
hear, determine, and make a record of any action for divorce or 125
legal separation that involves the custody or care of children 126
and that is filed in the court of common pleas and certified by 127
the court of common pleas with all the papers filed in the action 128
to the juvenile court for trial, provided that no certification 129
of that nature shall be made to any juvenile court unless the 131
consent of the juvenile judge first is obtained. After a 132
certification of that nature is made and consent is obtained, the 134
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juvenile court shall proceed as if the action originally had been 135
begun in that court, except as to awards for spousal support or 136
support due and unpaid at the time of certification, over which 137
the juvenile court has no jurisdiction.
(D) The juvenile court, EXCEPT AS PROVIDED IN DIVISION (I) 139
OF SECTION 2301.03 OF THE REVISED CODE, has jurisdiction to hear 140
and determine all matters as to custody and support of children 141
duly certified by the court of common pleas to the juvenile court 142
after a divorce decree has been granted, including jurisdiction 143
to modify the judgment and decree of the court of common pleas as 144
the same relate to the custody and support of children. 145
(E) The juvenile court, EXCEPT AS PROVIDED IN DIVISION (I) 147
OF SECTION 2301.03 OF THE REVISED CODE, has jurisdiction to hear 148
and determine the case of any child certified to the court by any 149
court of competent jurisdiction if the child comes within the 150
jurisdiction of the juvenile court as defined by this section. 151
(F)(1) The juvenile court shall exercise its jurisdiction 153
in child custody matters in accordance with sections 3109.04, 154
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 155
(2) The juvenile court shall exercise its jurisdiction in 157
child support matters in accordance with section 3109.05 of the 158
Revised Code. 159
(G)(1) Each order for child support made or modified by a 161
juvenile court shall include as part of the order a general 163
provision, as described in division (A)(1) of section 3113.21 of 164
the Revised Code, requiring the withholding or deduction of 165
income or assets of the obligor under the order as described in 167
division (D) of section 3113.21 of the Revised Code, or another 168
type of appropriate requirement as described in division (D)(3), 169
(D)(4), or (H) of that section, to ensure that withholding or 171
deduction from the income or assets of the obligor is available 173
from the commencement of the support order for collection of the 174
support and of any arrearages that occur; a statement requiring 175
all parties to the order to notify the child support enforcement 176
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agency in writing of their current mailing address, current 177
residence address, current residence telephone number, and 178
current driver's license number, and any changes to that 180
information; and a notice that the requirement to notify the 182
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 184
juvenile court that makes or modifies an order for child support 185
shall comply with sections 3113.21 to 3113.219 of the Revised 187
Code. If any person required to pay child support under an order 188
made by a juvenile court on or after April 15, 1985, or modified 189
on or after December 1, 1986, is found in contempt of court for 190
failure to make support payments under the order, the court that 191
makes the finding, in addition to any other penalty or remedy 192
imposed, shall assess all court costs arising out of the contempt 193
proceeding against the person and require the person to pay any 194
reasonable attorney's fees of any adverse party, as determined by 195
the court, that arose in relation to the act of contempt. 196
(2) Notwithstanding section 3109.01 of the Revised Code, 198
if a juvenile court issues a child support order under this 199
chapter, the order shall remain in effect beyond the child's 200
eighteenth birthday as long as the child continuously attends on 201
a full-time basis any recognized and accredited high school or 202
the order provides that the duty of support of the child 203
continues beyond the child's eighteenth birthday. Except in 204
cases in which the order provides that the duty of support 205
continues for any period after the child reaches nineteen years 206
of age the order shall not remain in effect after the child 207
reaches nineteen years of age. Any parent ordered to pay support 209
under a child support order issued under this chapter shall 210
continue to pay support under the order, including during 211
seasonal vacation periods, until the order terminates. 212
(H) If a child who is charged with an act that would be an 214
offense if committed by an adult was fourteen years of age or 215
older and under eighteen years of age at the time of the alleged 216
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act and if the case is transferred for criminal prosecution 217
pursuant to section 2151.26 of the Revised Code, the juvenile 219
court does not have jurisdiction to hear or determine the case 220
subsequent to the transfer. The court to which the case is 221
transferred for criminal prosecution pursuant to that section has 222
jurisdiction subsequent to the transfer to hear and determine the 223
case in the same manner as if the case originally had been 224
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 225
authorized by Criminal Rule 11 or another section of the Revised 227
Code and jurisdiction to accept a verdict and to enter a judgment 228
of conviction pursuant to the Rules of Criminal Procedure against 229
the child for the commission of the offense that was the basis of 230
the transfer of the case for criminal prosecution, whether the 231
conviction is for the same degree or a lesser degree of the 232
offense charged, for the commission of a lesser-included offense, 233
or for the commission of another offense that is different from 234
the offense charged. 235
(I) If a person under eighteen years of age allegedly 238
commits an act that would be a felony if committed by an adult 239
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 240
the juvenile court does not have jurisdiction to hear or 241
determine any portion of the case charging the person with 242
committing that act. In those circumstances, divisions (B) and 243
(C) of section 2151.26 of the Revised Code do not apply regarding 244
the act, the case charging the person with committing the act 245
shall be a criminal prosecution commenced and heard in the 246
appropriate court having jurisdiction of the offense as if the 247
person had been eighteen years of age or older when the person 248
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 249
offense, and the court having jurisdiction of the offense has all 250
the authority and duties in the case as it has in other criminal 251
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cases commenced in that court.
Sec. 2301.03. (A) In Franklin county, the judges of the 260
court of common pleas whose terms begin on January 1, 1953, 261
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 262
1997, and successors, shall have the same qualifications, 263
exercise the same powers and jurisdiction, and receive the same 264
compensation as other judges of the court of common pleas of 265
Franklin county and shall be elected and designated as judges of 266
the court of common pleas, division of domestic relations. They 267
shall have all the powers relating to juvenile courts, and all 268
cases under Chapter 2151. of the Revised Code, all parentage 269
proceedings under Chapter 3111. of the Revised Code over which 270
the juvenile court has jurisdiction, and all divorce, dissolution 271
of marriage, legal separation, and annulment cases shall be 272
assigned to them. In addition to the judge's regular duties, the 273
judge who is senior in point of service shall serve on the 275
children services board and the county advisory board and shall 276
be the administrator of the domestic relations division and its 277
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 279
common pleas, whose term begins on January 1, 1957, and 280
successors, and the judge of the court of common pleas, whose 281
term begins on February 14, 1967, and successors, shall be the 282
juvenile judges as provided in Chapter 2151. of the Revised Code, 283
with the powers and jurisdiction conferred by that chapter. 284
(2) The judges of the court of common pleas whose terms 286
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 287
successors, shall be elected and designated as judges of the 288
court of common pleas, division of domestic relations, and shall 289
have assigned to them all divorce, dissolution of marriage, legal 290
separation, and annulment cases coming before the court. On or 291
after the first day of July and before the first day of August of 292
1991 and each year thereafter, a majority of the judges of the 293
division of domestic relations shall elect one of the judges of 294
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the division as administrative judge of that division. If a 295
majority of the judges of the division of domestic relations are 296
unable for any reason to elect an administrative judge for the 298
division before the first day of August, a majority of the judges 299
of the Hamilton county court of common pleas, as soon as possible 300
after that date, shall elect one of the judges of the division of 301
domestic relations as administrative judge of that division. The 302
term of the administrative judge shall begin on the earlier of 303
the first day of August of the year in which the administrative 304
judge is elected or the date on which the administrative judge is 306
elected by a majority of the judges of the Hamilton county court 309
of common pleas and shall terminate on the date on which the 310
administrative judge's successor is elected in the following 311
year. 312
In addition to the judge's regular duties, the 314
administrative judge of the division of domestic relations shall 316
be the administrator of the domestic relations division and its 317
subdivisions and departments and shall have charge of the 318
employment, assignment, and supervision of the personnel of the 319
division engaged in handling, servicing, or investigating 320
divorce, dissolution of marriage, legal separation, and annulment 321
cases, including any referees considered necessary by the judges 322
in the discharge of their various duties. 323
The administrative judge of the division of domestic 325
relations also shall designate the title, compensation, expense 326
allowances, hours, leaves of absence, and vacations of the 327
personnel of the division, and shall fix the duties of its 328
personnel. The duties of the personnel, in addition to those 329
provided for in other sections of the Revised Code, shall include 330
the handling, servicing, and investigation of divorce, 331
dissolution of marriage, legal separation, and annulment cases 332
and counseling and conciliation services that may be made 333
available to persons requesting them, whether or not the persons 334
are parties to an action pending in the division. 335
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The board of county commissioners shall appropriate the sum 337
of money each year as will meet all the administrative expenses 338
of the division of domestic relations, including reasonable 339
expenses of the domestic relations judges and the division 340
counselors and other employees designated to conduct the 341
handling, servicing, and investigation of divorce, dissolution of 342
marriage, legal separation, and annulment cases, conciliation and 343
counseling, and all matters relating to those cases and 344
counseling, and the expenses involved in the attendance of 345
division personnel at domestic relations and welfare conferences 346
designated by the division, and the further sum each year as will 347
provide for the adequate operation of the division of domestic 348
relations. 349
The compensation and expenses of all employees and the 351
salary and expenses of the judges shall be paid by the county 352
treasurer from the money appropriated for the operation of the 353
division, upon the warrant of the county auditor, certified to by 354
the administrative judge of the division of domestic relations. 355
The summonses, warrants, citations, subpoenas, and other 357
writs of the division may issue to a bailiff, constable, or staff 358
investigator of the division or to the sheriff of any county or 359
any marshal, constable, or police officer, and the provisions of 360
law relating to the subpoenaing of witnesses in other cases shall 361
apply insofar as they are applicable. When a summons, warrant, 362
citation, subpoena, or other writ is issued to an officer, other 363
than a bailiff, constable, or staff investigator of the division, 364
the expense of serving it shall be assessed as a part of the 365
costs in the case involved. 366
(3) The judge of the court of common pleas of Hamilton 369
County whose term begins on January 3, 1997, shall be elected and 370
designated for one term only as the drug court judge of the court 371
of common pleas of Hamilton County, and the successors to that 373
judge shall be elected and designated as judges of the general 374
division of the court of common pleas of Hamilton county and 375
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shall not have the authority granted by division (B)(3) of this 376
section. The drug court judge may accept or reject any case 377
referred to the drug court judge under division (B)(3) of this 378
section. After the drug court judge accepts a referred case, the 379
drug court judge has full authority over the case, including the 380
authority to conduct arraignment, accept pleas, enter findings 381
and dispositions, conduct trials, order treatment, and if 382
treatment is not successfully completed pronounce and enter 383
sentence.
A judge of the general division of the court of common 385
pleas of Hamilton County and a judge of the Hamilton County 387
municipal court may refer to the drug court judge any case, and 388
any companion cases, the judge determines meet the criteria 389
described under divisions (B)(3)(a) and (b) of this section. If 391
the drug court judge accepts referral of a referred case, the 392
case, and any companion cases, shall be transferred to the drug 394
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 396
involves a violation of a term of probation to the drug court 397
judge, and, if the drug court judge accepts the referral, the 399
referring judge and the drug court judge have concurrent 400
jurisdiction over the case.
A judge of the general division of the court of common 402
pleas of Hamilton County and a judge of the Hamilton County 403
municipal court may refer a case to the drug court judge under 404
division (B)(3) of this section if the judge determines that both 405
of the following apply:
(a) One of the following applies: 407
(i) The case involves a drug abuse offense, as defined in 409
section 2925.01 of the Revised Code, that is a felony of the 411
third or fourth degree if the offense is committed prior to July 412
1, 1996, a felony of the third, fourth, or fifth degree if the 413
offense is committed on or after July 1, 1996, or a misdemeanor. 414
(ii) The case involves a theft offense, as defined in 416
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section 2913.01 of the Revised Code, that is a felony of the 418
third or fourth degree if the offense is committed prior to July 419
1, 1996, a felony of the third, fourth, or fifth degree if the 420
offense is committed on or after July 1, 1996, or a misdemeanor, 421
and the defendant is drug or alcohol dependent or in danger of 422
becoming drug or alcohol dependent and would benefit from 423
treatment.
(b) All of the following apply: 425
(i) The case involves a probationable offense or a case in 427
which a mandatory prison term is not required to be imposed. 428
(ii) The defendant has no history of violent behavior. 430
(iii) The defendant has no history of mental illness. 432
(iv) The defendant's current or past behavior, or both, is 434
drug or alcohol driven. 435
(v) The defendant demonstrates a sincere willingness to 437
participate in a fifteen-month treatment process. 438
(vi) The defendant has no acute health condition. 440
(vii) If the defendant is incarcerated, the county 442
prosecutor approves of the referral. 443
(4) If the administrative judge of the court of common 445
pleas of Hamilton county determines that the volume of cases 446
pending before the drug court judge does not constitute a 447
sufficient caseload for the drug court judge, the administrative 448
judge, in accordance with the Rules of Superintendence for Courts 449
of Common Pleas, shall assign individual cases to the drug court 450
judge from the general docket of the court. If the assignments 451
so occur, the administrative judge shall cease the assignments 452
when the administrative judge determines that the volume of cases 453
pending before the drug court judge constitutes a sufficient 454
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 456
pleas whose terms begin on January 3, 1959, January 4, 1989, and 457
January 2, 1999, and successors, shall have the same 459
qualifications, exercise the same powers and jurisdiction, and 460
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receive the same compensation as the other judges of the court of 461
common pleas of Lorain county and shall be elected and designated 462
as the judges of the court of common pleas, division of domestic 463
relations. They shall have all of the powers relating to 464
juvenile courts, and all cases under Chapter 2151. of the Revised 465
Code, all parentage proceedings over which the juvenile court has 466
jurisdiction, and all divorce, dissolution of marriage, legal 467
separation, and annulment cases shall be assigned to them, except 468
cases that for some special reason are assigned to some other 469
judge of the court of common pleas. 470
(D)(1) In Lucas county, the judges of the court of common 472
pleas whose terms begin on January 1, 1955, and January 3, 1965, 473
and successors, shall have the same qualifications, exercise the 474
same powers and jurisdiction, and receive the same compensation 475
as other judges of the court of common pleas of Lucas county and 476
shall be elected and designated as judges of the court of common 477
pleas, division of domestic relations. All divorce, dissolution 478
of marriage, legal separation, and annulment cases shall be 479
assigned to them. 480
The judge of the division of domestic relations, senior in 482
point of service, shall be considered as the presiding judge of 483
the court of common pleas, division of domestic relations, and 484
shall be charged exclusively with the assignment and division of 485
the work of the division and the employment and supervision of 486
all other personnel of the domestic relations division. 487
(2) The judges of the court of common pleas whose terms 489
begin on January 5, 1977, and January 2, 1991, and successors 490
shall have the same qualifications, exercise the same powers and 491
jurisdiction, and receive the same compensation as other judges 492
of the court of common pleas of Lucas county, shall be elected 493
and designated as judges of the court of common pleas, juvenile 494
division, and shall be the juvenile judges as provided in Chapter 495
2151. of the Revised Code with the powers and jurisdictions 496
conferred by that chapter. In addition to the judge's regular 498
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duties, the judge of the court of common pleas, juvenile 499
division, senior in point of service, shall be the administrator 500
of the juvenile division and its subdivisions and departments and 501
shall have charge of the employment, assignment, and supervision 502
of the personnel of the division engaged in handling, servicing, 503
or investigating juvenile cases, including any referees 504
considered necessary by the judges of the division in the 505
discharge of their various duties. 506
The judge of the court of common pleas, juvenile division, 508
senior in point of service, also shall designate the title, 509
compensation, expense allowance, hours, leaves of absence, and 510
vacation of the personnel of the division and shall fix the 511
duties of the personnel of the division. The duties of the 512
personnel, in addition to other statutory duties include the 513
handling, servicing, and investigation of juvenile cases and 514
counseling and conciliation services that may be made available 515
to persons requesting them, whether or not the persons are 516
parties to an action pending in the division. 517
(3) If one of the judges of the court of common pleas, 519
division of domestic relations, or one of the judges of the 520
juvenile division is sick, absent, or unable to perform that 521
judge's judicial duties or the volume of cases pending in that 523
judge's division necessitates it, the duties shall be performed 524
by the judges of the other of those divisions. 526
(E)(1) In Mahoning county, the judge of the court of 528
common pleas whose term began on January 1, 1955, and successors, 529
shall have the same qualifications, exercise the same powers and 530
jurisdiction, and receive the same compensation as other judges 531
of the court of common pleas of Mahoning county, shall be elected 532
and designated as judge of the court of common pleas, division of 533
domestic relations, and shall be assigned all the divorce, 536
dissolution of marriage, legal separation, and annulment cases 537
coming before the court. In addition to the judge's regular 538
duties, the judge of the court of common pleas, division of
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domestic relations, shall be the administrator of the domestic 539
relations division and its subdivisions and departments and shall 540
have charge of the employment, assignment, and supervision of the 541
personnel of the division engaged in handling, servicing, or 542
investigating divorce, dissolution of marriage, legal separation, 543
and annulment cases, including any referees considered necessary 544
in the discharge of the various duties of the judge's office. 546
The judge also shall designate the title, compensation, 548
expense allowances, hours, leaves of absence, and vacations of 549
the personnel of the division and shall fix the duties of the 550
personnel of the division. The duties of the personnel, in 551
addition to other statutory duties, include the handling, 552
servicing, and investigation of divorce, dissolution of marriage, 553
legal separation, and annulment cases and counseling and 554
conciliation services that may be made available to persons 555
requesting them, whether or not the persons are parties to an 556
action pending in the division. 557
(2) The judge of the court of common pleas whose term 559
began on January 2, 1969, and successors, shall have the same 560
qualifications, exercise the same powers and jurisdiction, and 561
receive the same compensation as other judges of the court of 562
common pleas of Mahoning county, shall be elected and designated 563
as judge of THE court of common pleas, juvenile division, and 564
shall be the juvenile judge as provided in Chapter 2151. of the 565
Revised Code, with the powers and jurisdictions conferred by that 566
chapter. In addition to the judge's regular duties, the judge of 568
the court of common pleas, juvenile division, shall be the 569
administrator of the juvenile division and its subdivisions and 570
departments and shall have charge of the employment, assignment, 571
and supervision of the personnel of the division engaged in 572
handling, servicing, or investigating juvenile cases, including 573
any referees considered necessary by the judge in the discharge 574
of the judge's various duties. 575
The judge also shall designate the title, compensation, 577
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expense allowances, hours, leaves of absence, and vacation of the 578
personnel of the division and shall fix the duties of the 579
personnel of the division. The duties of the personnel, in 580
addition to other statutory duties, include the handling, 581
servicing, and investigation of juvenile cases and counseling and 582
conciliation services that may be made available to persons 583
requesting them, whether or not the persons are parties to an 584
action pending in the division. 585
(3) If a judge of the court of common pleas, division of 587
domestic relations or juvenile division, is sick, absent, or 588
unable to perform that judge's judicial duties, or the volume of 590
cases pending in that judge's division necessitates it, that 592
judge's duties shall be performed by another judge of the court 593
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 595
common pleas whose terms begin on January 2, 1953, and January 4, 596
1977, and successors, shall have the same qualifications, 597
exercise the same powers and jurisdiction, and receive the same 598
compensation as other judges of the court of common pleas of 599
Montgomery county and shall be elected and designated as judges 600
of the court of common pleas, division of domestic relations. 601
These judges shall have assigned to them all divorce, dissolution 602
of marriage, legal separation, and annulment cases. 603
The judge of the division of domestic relations, senior in 605
point of service, shall be charged exclusively with the 606
assignment and division of the work of the division and shall 607
have charge of the employment and supervision of the personnel of 608
the division engaged in handling, servicing, or investigating 609
divorce, dissolution of marriage, legal separation, and annulment 610
cases, including any necessary referees, except those employees 611
who may be appointed by the judge, junior in point of service, 612
under this section and sections 2301.12, 2301.18, and 2301.19 of 613
the Revised Code. The judge of the division of domestic 614
relations, senior in point of service, also shall designate the 615
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title, compensation, expense allowances, hours, leaves of 616
absence, and vacation of the personnel of the division and shall 617
fix their duties. 618
(2) The judges of the court of common pleas whose terms 620
begin on January 1, 1953, and January 1, 1993, and successors, 621
shall have the same qualifications, exercise the same powers and 622
jurisdiction, and receive the same compensation as other judges 623
of the court of common pleas of Montgomery county, shall be 624
elected and designated as judges of the court of common pleas, 625
juvenile division, and shall be, and have the powers and 626
jurisdiction of, the juvenile judge as provided in Chapter 2151. 627
of the Revised Code. 628
In addition to the judge's regular duties, the judge of the 630
court of common pleas, juvenile division, senior in point of 632
service, shall be the administrator of the juvenile division and 633
its subdivisions and departments and shall have charge of the 634
employment, assignment, and supervision of the personnel of the 635
juvenile division, including any necessary referees, who are 636
engaged in handling, servicing, or investigating juvenile cases. 637
The judge, senior in point of service, also shall designate the 638
title, compensation, expense allowances, hours, leaves of 639
absence, and vacation of the personnel of the division and shall 640
fix their duties. The duties of the personnel, in addition to 641
other statutory duties, shall include the handling, servicing, 642
and investigation of juvenile cases and of any counseling and 643
conciliation services that are available upon request to persons, 644
whether or not they are parties to an action pending in the 645
division. 646
If one of the judges of the court of common pleas, division 648
of domestic relations, or one of the judges of the court of 649
common pleas, juvenile division, is sick, absent, or unable to 650
perform that judge's duties or the volume of cases pending in 652
that judge's division necessitates it, the duties of that judge 654
may be performed by the judge or judges of the other of those 655
17
divisions.
(G) In Richland county, the judge of the court of common 657
pleas whose term begins on January 1, 1957, and successors, shall 658
have the same qualifications, exercise the same powers and 659
jurisdiction, and receive the same compensation as the other 660
judges of the court of common pleas of Richland county and shall 661
be elected and designated as judge of the court of common pleas, 662
division of domestic relations. That judge shall have all of the 664
powers relating to juvenile courts, and all cases under Chapter 665
2151. of the Revised Code, all parentage proceedings over which 666
the juvenile court has jurisdiction, and all divorce, dissolution 667
of marriage, legal separation, and annulment cases shall be 668
assigned to that judge, except in cases that for some special 669
reason are assigned to some other judge of the court of common 671
pleas.
(H) In Stark county, the judges of the court of common 673
pleas whose terms begin on January 1, 1953, January 2, 1959, and 674
January 1, 1993, and successors, shall have the same 675
qualifications, exercise the same powers and jurisdiction, and 676
receive the same compensation as other judges of the court of 677
common pleas of Stark county and shall be elected and designated 678
as judges of the court of common pleas, division of domestic 679
relations. They shall have all the powers relating to juvenile 680
courts, and all cases under Chapter 2151. of the Revised Code, 681
all parentage proceedings over which the juvenile court has 682
jurisdiction, and all divorce, dissolution of marriage, legal 683
separation, and annulment cases, except cases that are assigned 684
to some other judge of the court of common pleas for some special 685
reason, shall be assigned to the judges. 686
The judge of the division of domestic relations, second 688
most senior in point of service, shall have charge of the 689
employment and supervision of the personnel of the division 690
engaged in handling, servicing, or investigating divorce, 691
dissolution of marriage, legal separation, and annulment cases, 692
18
and necessary referees required for the judge's respective court. 694
The judge of the division of domestic relations, senior in 696
point of service, shall be charged exclusively with the 697
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 698
of the Revised Code and with the assignment and division of the 699
work of the division and the employment and supervision of all 700
other personnel of the division, including, but not limited to, 701
that judge's necessary referees, but excepting those employees 703
who may be appointed by the judge second most senior in point of 704
service. The senior judge further shall serve in every other 706
position in which the statutes permit or require a juvenile judge 707
to serve.
(I) In Summit county: 709
(1) The judges of the court of common pleas whose terms 711
begin on January 4, 1967, and January 6, 1993, and successors, 712
shall have the same qualifications, exercise the same powers and 713
jurisdiction, and receive the same compensation as other judges 714
of the court of common pleas of Summit county and shall be 715
elected and designated as judges of the court of common pleas, 716
division of domestic relations. The judges of the division of 717
domestic relations shall have assigned to them and hear all 718
divorce, dissolution of marriage, legal separation, and annulment 719
cases that come before the court. EXCEPT IN CASES THAT ARE 721
SUBJECT TO THE EXCLUSIVE ORIGINAL JURISDICTION OF THE JUVENILE 722
COURT, THE JUDGES OF THE DIVISION OF DOMESTIC RELATIONS SHALL 723
HAVE ASSIGNED TO THEM AND HEAR ALL CASES PERTAINING TO PATERNITY, 724
CUSTODY, VISITATION, CHILD SUPPORT, OR THE ALLOCATION OF PARENTAL 725
RIGHTS AND RESPONSIBILITIES FOR THE CARE OF CHILDREN AND ALL 726
POST-DECREE PROCEEDINGS ARISING FROM ANY CASE PERTAINING TO ANY 727
OF THOSE MATTERS. THE JUDGES OF THE DIVISION OF DOMESTIC 728
RELATIONS SHALL HAVE ASSIGNED TO THEM AND HEAR ALL PROCEEDINGS 729
UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT CONTAINED IN 730
CHAPTER 3115. OF THE REVISED CODE.
The judge of the division of domestic relations, senior in 732
19
point of service, shall be the administrator of the domestic 733
relations division and its subdivisions and departments and shall 734
have charge of the employment, assignment, and supervision of the 735
personnel of the division, including any necessary referees, who 736
are engaged in handling, servicing, or investigating divorce, 737
dissolution of marriage, legal separation, and annulment cases. 738
That judge also shall designate the title, compensation, expense 739
allowances, hours, leaves of absence, and vacations of the 740
personnel of the division and shall fix their duties. The duties 741
of the personnel, in addition to other statutory duties, shall 742
include the handling, servicing, and investigation of divorce, 743
dissolution of marriage, legal separation, and annulment cases 744
and of any counseling and conciliation services that are 745
available upon request to all persons, whether or not they are 746
parties to an action pending in the division. 747
(2) The judge of the court of common pleas whose term 749
begins on January 1, 1955, and successors, shall have the same 750
qualifications, exercise the same powers and jurisdiction, and 751
receive the same compensation as other judges of the court of 752
common pleas of Summit county, shall be elected and designated as 753
judge of the court of common pleas, juvenile division, and shall 754
be, and have the powers and jurisdiction of, the juvenile judge 755
as provided in Chapter 2151. of the Revised Code. EXCEPT IN 757
CASES THAT ARE SUBJECT TO THE EXCLUSIVE ORIGINAL JURISDICTION OF 758
THE JUVENILE COURT, THE JUDGE OF THE JUVENILE DIVISION SHALL NOT 759
HAVE JURISDICTION OR THE POWER TO HEAR, AND SHALL NOT BE
ASSIGNED, ANY CASE PERTAINING TO PATERNITY, CUSTODY, VISITATION, 760
CHILD SUPPORT, OR THE ALLOCATION OF PARENTAL RIGHTS AND 761
RESPONSIBILITIES FOR THE CARE OF CHILDREN OR ANY POST-DECREE 762
PROCEEDING ARISING FROM ANY CASE PERTAINING TO ANY OF THOSE 763
MATTERS. THE JUDGE OF THE JUVENILE DIVISION SHALL NOT HAVE 764
JURISDICTION OR THE POWER TO HEAR, AND SHALL NOT BE ASSIGNED, ANY 765
PROCEEDING UNDER THE UNIFORM INTERSTATE FAMILY SUPPORT ACT 766
CONTAINED IN CHAPTER 3115. OF THE REVISED CODE.
20
The juvenile judge shall be the administrator of the 768
juvenile division and its subdivisions and departments and shall 769
have charge of the employment, assignment, and supervision of the 770
personnel of the juvenile division, including any necessary 771
referees, who are engaged in handling, servicing, or 772
investigating juvenile cases. The judge also shall designate the 773
title, compensation, expense allowances, hours, leaves of 774
absence, and vacation of the personnel of the division and shall 775
fix their duties. The duties of the personnel, in addition to 776
other statutory duties, shall include the handling, servicing, 777
and investigation of juvenile cases and of any counseling and 778
conciliation services that are available upon request to persons, 779
whether or not they are parties to an action pending in the 780
division. 781
(J) In Trumbull county, the judges of the court of common 783
pleas whose terms begin on January 1, 1953, and January 2, 1977, 784
and successors, shall have the same qualifications, exercise the 785
same powers and jurisdiction, and receive the same compensation 786
as other judges of the court of common pleas of Trumbull county 787
and shall be elected and designated as judges of the court of 788
common pleas, division of domestic relations. They shall have 789
all the powers relating to juvenile courts, and all cases under 790
Chapter 2151. of the Revised Code, all parentage proceedings over 791
which the juvenile court has jurisdiction, and all divorce, 792
dissolution of marriage, legal separation, and annulment cases 793
shall be assigned to them, except cases that for some special 794
reason are assigned to some other judge of the court of common 795
pleas. 796
(K) In Butler county: 798
(1) The judges of the court of common pleas whose terms 800
begin on January 1, 1957, and January 4, 1993, and successors, 801
shall have the same qualifications, exercise the same powers and 802
jurisdiction, and receive the same compensation as other judges 803
of the court of common pleas of Butler county and shall be 804
21
elected and designated as judges of the court of common pleas, 805
division of domestic relations. The judges of the division of 806
domestic relations shall have assigned to them all divorce, 807
dissolution of marriage, legal separation, and annulment cases 808
coming before the court, except in cases that for some special 809
reason are assigned to some other judge of the court of common 810
pleas. The judge senior in point of service shall be charged 811
with the assignment and division of the work of the division and 812
with the employment and supervision of all other personnel of the 813
domestic relations division. 814
The judge senior in point of service also shall designate 816
the title, compensation, expense allowances, hours, leaves of 817
absence, and vacations of the personnel of the division and shall 818
fix their duties. The duties of the personnel, in addition to 819
other statutory duties, shall include the handling, servicing, 820
and investigation of divorce, dissolution of marriage, legal 821
separation, and annulment cases and providing any counseling and 822
conciliation services that the division makes available to 823
persons, whether or not the persons are parties to an action 824
pending in the division, who request the services. 825
(2) The judge of the court of common pleas whose term 827
begins on January 3, 1987, and successors, shall have the same 828
qualifications, exercise the same powers and jurisdiction, and 829
receive the same compensation as other judges of the court of 830
common pleas of Butler county, shall be elected and designated as 831
judge of the court of common pleas, juvenile division, and shall 832
be the juvenile judge as provided in Chapter 2151. of the Revised 833
Code, with the powers and jurisdictions conferred by that 834
chapter. The judge of the court of common pleas, juvenile 835
division, shall be the administrator of the juvenile division and 836
its subdivisions and departments. The judge shall have charge of 837
the employment, assignment, and supervision of the personnel of 838
the juvenile division who are engaged in handling, servicing, or 839
investigating juvenile cases, including any referees whom the 840
22
judge considers necessary for the discharge of the judge's 841
various duties. 842
The judge also shall designate the title, compensation, 844
expense allowances, hours, leaves of absence, and vacation of the 845
personnel of the division and shall fix their duties. The duties 846
of the personnel, in addition to other statutory duties, include 847
the handling, servicing, and investigation of juvenile cases and 848
providing any counseling and conciliation services that the 849
division makes available to persons, whether or not the persons 850
are parties to an action pending in the division, who request the 851
services. 852
(3) If a judge of the court of common pleas, division of 854
domestic relations or juvenile division, is sick, absent, or 855
unable to perform that judge's judicial duties or the volume of 857
cases pending in the judge's division necessitates it, the duties 859
of that judge shall be performed by the other judges of the 860
domestic relations and juvenile divisions. 861
(L)(1) In Cuyahoga county, the judges of the court of 863
common pleas whose terms begin on January 8, 1961, January 9, 864
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 865
and successors, shall have the same qualifications, exercise the 866
same powers and jurisdiction, and receive the same compensation 867
as other judges of the court of common pleas of Cuyahoga county 868
and shall be elected and designated as judges of the court of 869
common pleas, division of domestic relations. They shall have 870
all the powers relating to all divorce, dissolution of marriage, 871
legal separation, and annulment cases, except in cases that are 872
assigned to some other judge of the court of common pleas for 873
some special reason. 874
(2) The administrative judge is administrator of the 876
domestic relations division and its subdivisions and departments 877
and has the following powers concerning division personnel: 878
(a) Full charge of the employment, assignment, and 880
supervision; 881
23
(b) Sole determination of compensation, duties, expenses, 883
allowances, hours, leaves, and vacations. 884
(3) "Division personnel" include persons employed or 886
referees engaged in hearing, servicing, investigating, 887
counseling, or conciliating divorce, dissolution of marriage, 888
legal separation and annulment matters. 889
(M) In Lake county: 891
(1) The judge of the court of common pleas whose term 893
begins on January 2, 1961, and successors, shall have the same 894
qualifications, exercise the same powers and jurisdiction, and 895
receive the same compensation as the other judges of the court of 896
common pleas of Lake county and shall be elected and designated 897
as judge of the court of common pleas, division of domestic 898
relations. The judge shall be assigned all the divorce, 900
dissolution of marriage, legal separation, and annulment cases 901
coming before the court, except in cases that for some special 902
reason are assigned to some other judge of the court of common 903
pleas. The judge shall be charged with the assignment and 904
division of the work of the division and with the employment and 905
supervision of all other personnel of the domestic relations 906
division. 907
The judge also shall designate the title, compensation, 909
expense allowances, hours, leaves of absence, and vacations of 910
the personnel of the division and shall fix their duties. The 911
duties of the personnel, in addition to other statutory duties, 912
shall include the handling, servicing, and investigation of 913
divorce, dissolution of marriage, legal separation, and annulment 914
cases and providing any counseling and conciliation services that 915
the division makes available to persons, whether or not the 916
persons are parties to an action pending in the division, who 917
request the services. 918
(2) The judge of the court of common pleas whose term 920
begins on January 4, 1979, and successors, shall have the same 921
qualifications, exercise the same powers and jurisdiction, and 922
24
receive the same compensation as other judges of the court of 923
common pleas of Lake county, shall be elected and designated as 924
judge of the court of common pleas, juvenile division, and shall 925
be the juvenile judge as provided in Chapter 2151. of the Revised 926
Code, with the powers and jurisdictions conferred by that 927
chapter. The judge of the court of common pleas, juvenile 928
division, shall be the administrator of the juvenile division and 929
its subdivisions and departments. The judge shall have charge of 930
the employment, assignment, and supervision of the personnel of 931
the juvenile division who are engaged in handling, servicing, or 932
investigating juvenile cases, including any referees whom the 933
judge considers necessary for the discharge of the judge's 934
various duties. 935
The judge also shall designate the title, compensation, 937
expense allowances, hours, leaves of absence, and vacation of the 938
personnel of the division and shall fix their duties. The duties 939
of the personnel, in addition to other statutory duties, include 940
the handling, servicing, and investigation of juvenile cases and 941
providing any counseling and conciliation services that the 942
division makes available to persons, whether or not the persons 943
are parties to an action pending in the division, who request the 944
services. 945
(3) If a judge of the court of common pleas, division of 947
domestic relations or juvenile division, is sick, absent, or 948
unable to perform that judge's judicial duties or the volume of 950
cases pending in the judge's division necessitates it, the duties 952
of that judge shall be performed by the other judges of the 953
domestic relations and juvenile divisions. 954
(N) In Erie county, the judge of the court of common pleas 956
whose term begins on January 2, 1971, and successors, shall have 957
the same qualifications, exercise the same powers and 958
jurisdiction, and receive the same compensation as the other 959
judge of the court of common pleas of Erie county and shall be 960
elected and designated as judge of the court of common pleas, 961
25
division of domestic relations. The judge shall have all the 962
powers relating to juvenile courts, and shall be assigned all 963
cases under Chapter 2151. of the Revised Code, parentage 965
proceedings over which the juvenile court has jurisdiction, and 967
divorce, dissolution of marriage, legal separation, and annulment 968
cases, except cases that for some special reason are assigned to 969
some other judge. 970
(O) In Greene county: 972
(1) The judge of the court of common pleas whose term 974
begins on January 1, 1961, and successors, shall have the same 975
qualifications, exercise the same powers and jurisdiction, and 976
receive the same compensation as the other judges of the court of 977
common pleas of Greene county and shall be elected and designated 978
as the judge of the court of common pleas, division of domestic 979
relations. The judge shall be assigned all divorce, dissolution 981
of marriage, legal separation, annulment, uniform reciprocal 982
support enforcement, and domestic violence cases and all other 983
cases related to domestic relations, except cases that for some 984
special reason are assigned to some other judge of the court of 985
common pleas.
The judge shall be charged with the assignment and division 987
of the work of the division and with the employment and 988
supervision of all other personnel of the division. The judge 990
also shall designate the title, compensation, hours, leaves of 992
absence, and vacations of the personnel of the division and shall 993
fix their duties. The duties of the personnel of the division, 994
in addition to other statutory duties, shall include the 995
handling, servicing, and investigation of divorce, dissolution of 996
marriage, legal separation, and annulment cases and the provision 997
of counseling and conciliation services that the division 998
considers necessary and makes available to persons who request 999
the services, whether or not the persons are parties in an action 1,000
pending in the division. The compensation for the personnel 1,001
shall be paid from the overall court budget and shall be included 1,002
26
in the appropriations for the existing judges of the general 1,003
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 1,005
begins on January 1, 1995, and successors, shall have the same 1,006
qualifications, exercise the same powers and jurisdiction, and 1,007
receive the same compensation as the other judges of the court of 1,008
common pleas of Greene county, shall be elected and designated as 1,009
judge of the court of common pleas, juvenile division, and, on or 1,010
after January 1, 1995, shall be the juvenile judge as provided in 1,011
Chapter 2151. of the Revised Code with the powers and 1,012
jurisdiction conferred by that chapter. The judge of the court 1,013
of common pleas, juvenile division, shall be the administrator of 1,014
the juvenile division and its subdivisions and departments. The 1,015
judge shall have charge of the employment, assignment, and 1,016
supervision of the personnel of the juvenile division who are 1,017
engaged in handling, servicing, or investigating juvenile cases, 1,018
including any referees whom the judge considers necessary for the 1,019
discharge of the judge's various duties. 1,020
The judge also shall designate the title, compensation, 1,022
expense allowances, hours, leaves of absence, and vacation of the 1,023
personnel of the division and shall fix their duties. The duties 1,024
of the personnel, in addition to other statutory duties, include 1,025
the handling, servicing, and investigation of juvenile cases and 1,026
providing any counseling and conciliation services that the court 1,027
makes available to persons, whether or not the persons are 1,028
parties to an action pending in the court, who request the 1,029
services. 1,030
(3) If one of the judges of the court of common pleas, 1,032
general division, is sick, absent, or unable to perform that 1,033
judge's judicial duties or the volume of cases pending in the 1,034
general division necessitates it, the duties of that judge of the 1,036
general division shall be performed by the judge of the division 1,037
of domestic relations and the judge of the juvenile division. 1,038
(P) In Portage county, the judge of the court of common 1,040
27
pleas, whose term begins January 2, 1987, and successors, shall 1,041
have the same qualifications, exercise the same powers and 1,042
jurisdiction, and receive the same compensation as the other 1,043
judges of the court of common pleas of Portage county and shall 1,044
be elected and designated as judge of the court of common pleas, 1,045
division of domestic relations. The judge shall be assigned all 1,047
divorce, dissolution of marriage, legal separation, and annulment 1,049
cases coming before the court, except in cases that for some 1,050
special reason are assigned to some other judge of the court of 1,051
common pleas. The judge shall be charged with the assignment and 1,052
division of the work of the division and with the employment and 1,053
supervision of all other personnel of the domestic relations 1,054
division.
The judge also shall designate the title, compensation, 1,056
expense allowances, hours, leaves of absence, and vacations of 1,057
the personnel of the division and shall fix their duties. The 1,058
duties of the personnel, in addition to other statutory duties, 1,059
shall include the handling, servicing, and investigation of 1,060
divorce, dissolution of marriage, legal separation, and annulment 1,061
cases and providing any counseling and conciliation services that 1,062
the division makes available to persons, whether or not the 1,063
persons are parties to an action pending in the division, who 1,064
request the services. 1,065
(Q) In Clermont county, the judge of the court of common 1,067
pleas, whose term begins January 2, 1987, and successors, shall 1,068
have the same qualifications, exercise the same powers and 1,069
jurisdiction, and receive the same compensation as the other 1,070
judges of the court of common pleas of Clermont county and shall 1,071
be elected and designated as judge of the court of common pleas, 1,072
division of domestic relations. The judge shall be assigned all 1,074
divorce, dissolution of marriage, legal separation, and annulment 1,076
cases coming before the court, except in cases that for some 1,077
special reason are assigned to some other judge of the court of 1,078
common pleas. The judge shall be charged with the assignment and 1,079
28
division of the work of the division and with the employment and 1,080
supervision of all other personnel of the domestic relations 1,081
division.
The judge also shall designate the title, compensation, 1,083
expense allowances, hours, leaves of absence, and vacations of 1,084
the personnel of the division and shall fix their duties. The 1,085
duties of the personnel, in addition to other statutory duties, 1,086
shall include the handling, servicing, and investigation of 1,087
divorce, dissolution of marriage, legal separation, and annulment 1,088
cases and providing any counseling and conciliation services that 1,089
the division makes available to persons, whether or not the 1,090
persons are parties to an action pending in the division, who 1,091
request the services. 1,092
(R) In Warren county, the judge of the court of common 1,094
pleas, whose term begins January 1, 1987, and successors, shall 1,095
have the same qualifications, exercise the same powers and 1,096
jurisdiction, and receive the same compensation as the other 1,097
judges of the court of common pleas of Warren county and shall be 1,098
elected and designated as judge of the court of common pleas, 1,099
division of domestic relations. The judge shall be assigned all 1,101
divorce, dissolution of marriage, legal separation, and annulment 1,103
cases coming before the court, except in cases that for some 1,104
special reason are assigned to some other judge of the court of 1,105
common pleas. The judge shall be charged with the assignment and 1,106
division of the work of the division and with the employment and 1,107
supervision of all other personnel of the domestic relations 1,108
division.
The judge also shall designate the title, compensation, 1,110
expense allowances, hours, leaves of absence, and vacations of 1,111
the personnel of the division and shall fix their duties. The 1,112
duties of the personnel, in addition to other statutory duties, 1,113
shall include the handling, servicing, and investigation of 1,114
divorce, dissolution of marriage, legal separation, and annulment 1,115
cases and providing any counseling and conciliation services that 1,116
29
the division makes available to persons, whether or not the 1,117
persons are parties to an action pending in the division, who 1,118
request the services. 1,119
(S) In Licking county, the judge of the court of common 1,121
pleas, whose term begins January 1, 1991, and successors, shall 1,122
have the same qualifications, exercise the same powers and 1,123
jurisdiction, and receive the same compensation as the other 1,124
judges of the court of common pleas of Licking county and shall 1,125
be elected and designated as judge of the court of common pleas, 1,126
division of domestic relations. The judge shall be assigned all 1,128
divorce, dissolution of marriage, legal separation, and annulment 1,130
cases, all cases arising under Chapter 3111. of the Revised Code, 1,131
all proceedings involving child support, the allocation of 1,132
parental rights and responsibilities for the care of children and 1,133
the designation for the children of a place of residence and 1,134
legal custodian, and visitation, and all post-decree proceedings 1,135
and matters arising from those cases and proceedings, except in 1,136
cases that for some special reason are assigned to another judge 1,137
of the court of common pleas. The judge shall be charged with 1,138
the assignment and division of the work of the division and with 1,139
the employment and supervision of the personnel of the division. 1,140
The judge shall designate the title, compensation, expense 1,142
allowances, hours, leaves of absence, and vacations of the 1,143
personnel of the division and shall fix the duties of the 1,144
personnel of the division. The duties of the personnel of the 1,145
division, in addition to other statutory duties, shall include 1,146
the handling, servicing, and investigation of divorce, 1,147
dissolution of marriage, legal separation, and annulment cases, 1,148
cases arising under Chapter 3111. of the Revised Code, and 1,149
proceedings involving child support, the allocation of parental 1,150
rights and responsibilities for the care of children and the 1,151
designation for the children of a place of residence and legal 1,152
custodian, and visitation and providing any counseling and 1,153
conciliation services that the division makes available to 1,154
30
persons, whether or not the persons are parties to an action 1,155
pending in the division, who request the services. 1,156
(T) In Allen county, the judge of the court of common 1,158
pleas, whose term begins January 1, 1993, and successors, shall 1,159
have the same qualifications, exercise the same powers and 1,160
jurisdiction, and receive the same compensation as the other 1,161
judges of the court of common pleas of Allen county and shall be 1,162
elected and designated as judge of the court of common pleas, 1,163
division of domestic relations. The judge shall be assigned all 1,165
divorce, dissolution of marriage, legal separation, and annulment 1,167
cases, all cases arising under Chapter 3111. of the Revised Code, 1,168
all proceedings involving child support, the allocation of 1,169
parental rights and responsibilities for the care of children and 1,170
the designation for the children of a place of residence and 1,171
legal custodian, and visitation, and all post-decree proceedings 1,172
and matters arising from those cases and proceedings, except in 1,173
cases that for some special reason are assigned to another judge 1,174
of the court of common pleas. The judge shall be charged with 1,175
the assignment and division of the work of the division and with 1,176
the employment and supervision of the personnel of the division. 1,177
The judge shall designate the title, compensation, expense 1,179
allowances, hours, leaves of absence, and vacations of the 1,180
personnel of the division and shall fix the duties of the 1,181
personnel of the division. The duties of the personnel of the 1,182
division, in addition to other statutory duties, shall include 1,183
the handling, servicing, and investigation of divorce, 1,184
dissolution of marriage, legal separation, and annulment cases, 1,185
cases arising under Chapter 3111. of the Revised Code, and 1,186
proceedings involving child support, the allocation of parental 1,187
rights and responsibilities for the care of children and the 1,188
designation for the children of a place of residence and legal 1,189
custodian, and visitation, and providing any counseling and 1,190
conciliation services that the division makes available to 1,191
persons, whether or not the persons are parties to an action 1,192
31
pending in the division, who request the services. 1,193
(U) In Medina county, the judge of the court of common 1,195
pleas whose term begins January 1, 1995, and successors, shall 1,196
have the same qualifications, exercise the same powers and 1,197
jurisdiction, and receive the same compensation as other judges 1,198
of the court of common pleas of Medina county and shall be 1,199
elected and designated as judge of the court of common pleas, 1,200
division of domestic relations. The judge shall be assigned all 1,202
divorce, dissolution of marriage, legal separation, and annulment 1,204
cases, all cases arising under Chapter 3111. of the Revised Code, 1,205
all proceedings involving child support, the allocation of 1,206
parental rights and responsibilities for the care of children and 1,207
the designation for the children of a place of residence and 1,208
legal custodian, and visitation, and all post-decree proceedings 1,209
and matters arising from those cases and proceedings, except in 1,210
cases that for some special reason are assigned to another judge 1,211
of the court of common pleas. The judge shall be charged with 1,212
the assignment and division of the work of the division and with 1,213
the employment and supervision of the personnel of the division. 1,214
The judge shall designate the title, compensation, expense 1,216
allowances, hours, leaves of absence, and vacations of the 1,217
personnel of the division and shall fix the duties of the 1,218
personnel of the division. The duties of the personnel, in 1,219
addition to other statutory duties, include the handling, 1,220
servicing, and investigation of divorce, dissolution of marriage, 1,221
legal separation, and annulment cases, cases arising under 1,222
Chapter 3111. of the Revised Code, and proceedings involving 1,223
child support, the allocation of parental rights and 1,224
responsibilities for the care of children and the designation for 1,225
the children of a place of residence and legal custodian, and 1,226
visitation, and providing counseling and conciliation services 1,227
that the division makes available to persons, whether or not the 1,228
persons are parties to an action pending in the division, who 1,229
request the services. 1,230
32
(V) In Fairfield county, the judge of the court of common 1,232
pleas whose term begins January 2, 1995, and successors, shall 1,233
have the same qualifications, exercise the same powers and 1,234
jurisdiction, and receive the same compensation as the other 1,235
judges of the court of common pleas of Fairfield county and shall 1,236
be elected and designated as judge of the court of common pleas, 1,237
division of domestic relations. The judge shall be assigned all 1,239
divorce, dissolution of marriage, legal separation, and annulment 1,241
cases, all cases arising under Chapter 3111. of the Revised Code, 1,242
all proceedings involving child support, the allocation of 1,243
parental rights and responsibilities for the care of children and 1,244
the designation for the children of a place of residence and 1,245
legal custodian, and visitation, and all post-decree proceedings 1,246
and matters arising from those cases and proceedings, except in 1,247
cases that for some special reason are assigned to another judge 1,248
of the court of common pleas. The judge also has concurrent 1,249
jurisdiction with the probate-juvenile division of the court of
common pleas of Fairfield county with respect to and may hear 1,250
cases to determine the custody of a child, as defined in section 1,251
2151.011 of the Revised Code, who is not the ward of another 1,252
court of this state, cases that are commenced by a parent, 1,253
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the 1,254
child to pay child support for that child when the request for 1,255
that order is not ancillary to an action for divorce, dissolution 1,256
of marriage, annulment, or legal separation, a criminal or civil 1,257
action involving an allegation of domestic violence, an action 1,258
for support under Chapter 3115. of the Revised Code, or an action
that is within the exclusive original jurisdiction of the 1,259
probate-juvenile division of the court of common pleas of 1,260
Fairfield county and that involves an allegation that the child 1,261
is an abused, neglected, or dependent child, and post-decree 1,262
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be 1,264
33
charged with the assignment and division of the work of the 1,267
division and with the employment and supervision of the personnel 1,268
of the division.
The judge shall designate the title, compensation, expense 1,270
allowances, hours, leaves of absence, and vacations of the 1,271
personnel of the division and shall fix the duties of the 1,272
personnel of the division. The duties of the personnel of the 1,273
division, in addition to other statutory duties, shall include 1,274
the handling, servicing, and investigation of divorce, 1,275
dissolution of marriage, legal separation, and annulment cases, 1,276
cases arising under Chapter 3111. of the Revised Code, and 1,277
proceedings involving child support, the allocation of parental 1,278
rights and responsibilities for the care of children and the 1,279
designation for the children of a place of residence and legal 1,280
custodian, and visitation, and providing any counseling and 1,281
conciliation services that the division makes available to 1,282
persons, regardless of whether the persons are parties to an 1,283
action pending in the division, who request the services. When 1,285
the judge hears a case to determine the custody of a child, as
defined in section 2151.011 of the Revised Code, who is not the 1,286
ward of another court of this state or a case that is commenced 1,287
by a parent, guardian, or custodian of a child, as defined in 1,288
section 2151.011 of the Revised Code, to obtain an order 1,289
requiring a parent of the child to pay child support for that
child when the request for that order is not ancillary to an 1,290
action for divorce, dissolution of marriage, annulment, or legal 1,291
separation, a criminal or civil action involving an allegation of 1,292
domestic violence, an action for support under Chapter 3115. of 1,293
the Revised Code, or an action that is within the exclusive 1,294
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 1,296
allegation that the child is an abused, neglected, or dependent 1,297
child, the duties of the personnel of the domestic relations 1,298
division also include the handling, servicing, and investigation 1,299
34
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 1,301
pleas whose term begins on January 2, 1995, and successors, shall 1,302
have the same qualifications, exercise the same powers and 1,303
jurisdiction, and receive the same compensation as other judges 1,304
of the court of common pleas of Clark county and shall be elected 1,305
and designated as judge of the court of common pleas, domestic 1,306
relations division. The judge shall have all the powers relating 1,308
to juvenile courts, and all cases under Chapter 2151. of the 1,309
Revised Code and all parentage proceedings under Chapter 3111. of 1,310
the Revised Code over which the juvenile court has jurisdiction 1,311
shall be assigned to the judge of the division of domestic 1,312
relations. All divorce, dissolution of marriage, legal 1,313
separation, annulment, uniform reciprocal support enforcement, 1,314
and other cases related to domestic relations shall be assigned 1,315
to the domestic relations division, and the presiding judge of 1,316
the court of common pleas shall assign the cases to the judge of 1,317
the domestic relations division and the judges of the general 1,318
division. 1,319
(2) In addition to the judge's regular duties, the judge 1,321
of the division of domestic relations shall serve on the children 1,323
services board and the county advisory board. 1,324
(3) If the judge of the court of common pleas of Clark 1,326
county, division of domestic relations, is sick, absent, or 1,327
unable to perform that judge's judicial duties or if the 1,328
presiding judge of the court of common pleas of Clark county 1,331
determines that the volume of cases pending in the division of 1,332
domestic relations necessitates it, the duties of the judge of 1,333
the division of domestic relations shall be performed by the 1,334
judges of the general division or probate division of the court 1,335
of common pleas of Clark county, as assigned for that purpose by 1,336
the presiding judge of that court, and the judges so assigned 1,337
shall act in conjunction with the judge of the division of 1,338
domestic relations of that court. 1,339
35
(X) In Scioto county, the judge of the court of common 1,341
pleas whose term begins January 2, 1995, and successors, shall 1,343
have the same qualifications, exercise the same powers and 1,344
jurisdiction, and receive the same compensation as other judges 1,345
of the court of common pleas of Scioto county and shall be 1,346
elected and designated as judge of the court of common pleas, 1,347
division of domestic relations. The judge shall be assigned all 1,349
divorce, dissolution of marriage, legal separation, and annulment 1,351
cases, all cases arising under Chapter 3111. of the Revised Code, 1,352
all proceedings involving child support, the allocation of 1,353
parental rights and responsibilities for the care of children and 1,354
the designation for the children of a place of residence and 1,355
legal custodian, visitation, and all post-decree proceedings and 1,356
matters arising from those cases and proceedings, except in cases 1,357
that for some special reason are assigned to another judge of the 1,358
court of common pleas. The judge shall be charged with the 1,359
assignment and division of the work of the division and with the 1,360
employment and supervision of the personnel of the division. 1,361
The judge shall designate the title, compensation, expense 1,363
allowances, hours, leaves of absence, and vacations of the 1,364
personnel of the division and shall fix the duties of the 1,365
personnel of the division. The duties of the personnel, in 1,366
addition to other statutory duties, include the handling, 1,367
servicing, and investigation of divorce, dissolution of marriage, 1,368
legal separation, and annulment cases, cases arising under 1,369
Chapter 3111. of the Revised Code, and proceedings involving 1,370
child support, the allocation of parental rights and 1,371
responsibilities for the care of children and the designation for 1,372
the children of a place of residence and legal custodian, and 1,373
visitation, and providing counseling and conciliation services 1,374
that the division makes available to persons, whether or not the 1,375
persons are parties to an action pending in the division, who 1,376
request the services. 1,377
(Y) In Auglaize county, the judge of the probate and 1,379
36
juvenile divisions of the Auglaize county court of common pleas 1,380
also shall be the administrative judge of the domestic relations 1,381
division of the court and shall be assigned all divorce, 1,383
dissolution of marriage, legal separation, and annulment cases 1,384
coming before the court. The judge shall have all powers as 1,385
administrator of the domestic relations division and shall have 1,386
charge of the personnel engaged in handling, servicing, or 1,387
investigating divorce, dissolution of marriage, legal separation, 1,388
and annulment cases, including any referees considered necessary 1,389
for the discharge of the judge's various duties. 1,390
(Z)(1) In Marion county, the judge of the court of common 1,393
pleas whose term begins on February 9, 1999, and the successors 1,394
to that judge, shall have the same qualifications, exercise the 1,395
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 1,397
and shall be elected and designated as judge of the court of 1,398
common pleas, domestic relations-juvenile-probate division. 1,399
Except as otherwise specified in this division, that judge, and 1,400
the successors to that judge, shall have all the powers relating 1,401
to juvenile courts, and all cases under Chapter 2151. of the 1,402
Revised Code, all cases arising under Chapter 3111. of the 1,403
Revised Code, all divorce, dissolution of marriage, legal 1,404
separation, and annulment cases, all proceedings involving child 1,405
support, the allocation of parental rights and responsibilities 1,406
for the care of children and the designation for the children of 1,407
a place of residence and legal custodian, and visitation, and all
post-decree proceedings and matters arising from those cases and 1,408
proceedings shall be assigned to that judge and the successors to 1,409
that judge. Except as provided in division (Z)(2) of this 1,410
section and notwithstanding any other provision of any section of 1,411
the Revised Code, on and after February 9, 2003, the judge of the 1,413
court of common pleas of Marion county whose term begins on 1,414
February 9, 1999, and the successors to that judge, shall have 1,415
all the powers relating to the probate division of the court of 1,416
37
common pleas of Marion county in addition to the powers 1,417
previously specified in this division, and shall exercise 1,418
concurrent jurisdiction with the judge of the probate division of 1,419
that court over all matters that are within the jurisdiction of 1,420
the probate division of that court under Chapter 2101., and other 1,421
provisions, of the Revised Code in addition to the jurisdiction 1,422
of the domestic relations-juvenile-probate division of that court 1,423
otherwise specified in division (Z)(1) of this section. 1,424
(2) The judge of the domestic relations-juvenile-probate 1,426
division of the court of common pleas of Marion county or the 1,427
judge of the probate division of the court of common pleas of 1,428
Marion county, whichever of those judges is senior in total 1,430
length of service on the court of common pleas of Marion county, 1,431
regardless of the division or divisions of service, shall serve 1,432
as the clerk of the probate division of the court of common pleas 1,433
of Marion county.
(3) On and after February 9, 2003, all references in law 1,436
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 1,437
with respect to Marion county, as being references to both "the 1,439
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 1,440
probate division" and "the judge of the domestic relations- 1,441
juvenile-probate division." On and after February 9, 2003, all 1,442
references in law to "the clerk of the probate court" shall be 1,443
construed, with respect to Marion county, as being references to 1,444
the judge who is serving pursuant to division (Z)(2) of this 1,445
section as the clerk of the probate division of the court of 1,446
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 1,448
domestic relations, or juvenile judge, of any of the counties 1,449
mentioned in this section is sick, absent, or unable to perform 1,450
that judge's judicial duties or the volume of cases pending in 1,452
the judge's division necessitates it, the duties of that judge 1,453
38
shall be performed by another judge of the court of common pleas 1,454
of that county, assigned for that purpose by the presiding judge 1,455
of the court of common pleas of that county to act in place of or 1,456
in conjunction with that judge, as the case may require. 1,457
Section 2. That existing sections 2151.23 and 2301.03 of 1,459
the Revised Code are hereby repealed. 1,460
Section 3. This act is hereby declared to be an emergency 1,462
measure necessary for the immediate preservation of the public 1,463
peace, health, and safety. The reason for such necessity is that 1,464
the transfer of jurisdiction over the cases and proceedings that 1,465
is accomplished by this act is crucial to the interests of 1,466
justice in Summit County. Therefore, this act shall go into 1,467
immediate effect.