Section 1. That sections 2111.06, 2151.23, 2151.27, 2152.021, | 16 |
3109.04, 3109.27, 3109.29, and 3109.37 be amended, sections | 17 |
3109.27 (3127.23), 3109.29 (3127.24), and 3109.37 (3127.06) be | 18 |
amended for the purpose of adopting new section numbers as | 19 |
indicated in parentheses, and sections 3127.01, 3127.02, 3127.03, | 20 |
3127.04, 3127.05, 3127.07, 3127.08, 3127.09, 3127.10, 3127.11, | 21 |
3127.15, 3127.16, 3127.17, 3127.18, 3127.19, 3127.20, 3127.21, | 22 |
3127.22, 3127.31, 3127.32, 3127.33, 3127.34, 3127.35, 3127.36, | 23 |
3127.37, 3127.38, 3127.39, 3127.40, 3127.41, 3127.42, 3127.43, | 24 |
3127.44, 3127.45, 3127.46, 3127.47, 3127.51, 3127.52, and 3127.53 | 25 |
of the Revised Code be enacted to read as follows: | 26 |
Sec. 2111.06. If the powers of the person appointed as | 27 |
guardian of a minor or incompetent are not limited by the order
of | 28 |
appointment, such person shall be guardian both of the person
and | 29 |
estate of the ward. In every instance the court shall
appoint the | 30 |
same person as guardian of the person and estate of
any such ward, | 31 |
unless in the opinion of the court the interests
of the ward will | 32 |
be promoted by the appointment of different
persons as guardians | 33 |
of the person and of the estate. | 34 |
A guardian of the person of a minor shall be appointed as
to | 35 |
a minor having neither father nor mother, or whose parents are | 36 |
unsuitable persons to have the custody and tuition of such minor, | 37 |
or whose interests, in the opinion of the court, will be promoted | 38 |
thereby. A guardian of the person shall have the custody and | 39 |
provide for the maintenance of the ward, and if the ward is a | 40 |
minor, such guardian shall also provide for the education of such | 41 |
ward. | 42 |
(1) Concerning any child who on or about the date
specified | 49 |
in the complaint, indictment, or information is alleged to have | 50 |
violated section 2151.87 of the Revised Code or an order issued | 51 |
under that section or to be a juvenile traffic
offender or a | 52 |
delinquent, unruly, abused, neglected, or
dependent child
and, | 53 |
based on and in relation to the allegation pertaining to the | 54 |
child,
concerning the parent, guardian, or other person having | 55 |
care
of a child who is alleged to be an unruly or delinquent child | 56 |
for being an
habitual or chronic
truant; | 57 |
(6) To hear and determine all criminal cases in which an | 71 |
adult is charged with a violation of division (C) of section | 72 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 73 |
division (B) of
section 2919.23, or section 2919.24 of the Revised | 74 |
Code, provided
the charge is not included in an indictment that | 75 |
also charges the
alleged adult offender with the commission of a | 76 |
felony arising
out of the same actions that are the basis of the | 77 |
alleged
violation of division (C) of section 2919.21, division | 78 |
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 79 |
section
2919.23, or section
2919.24 of the Revised Code; | 80 |
(11) Subject to division (V) of section 2301.03 of the | 93 |
Revised Code, to hear
and determine a request for an order for the | 94 |
support of any child if the request is not ancillary to an action | 95 |
for divorce, dissolution of marriage, annulment, or legal | 96 |
separation, a criminal or civil action involving an allegation of | 97 |
domestic violence, or an action for support brought under Chapter | 98 |
3115. of the Revised Code; | 99 |
(C) The juvenile court, except as to juvenile courts that
are | 143 |
a separate division of the court of common pleas or a
separate
and | 144 |
independent juvenile court, has jurisdiction to
hear,
determine, | 145 |
and make a record of any action for divorce or
legal
separation | 146 |
that involves the custody or care of children
and that
is filed in | 147 |
the court of common pleas and certified by
the court
of common | 148 |
pleas with all the papers filed in the action
to the
juvenile | 149 |
court for trial, provided that no certification of
that
nature | 150 |
shall
be made to any juvenile court unless the consent of
the | 151 |
juvenile judge
first is obtained. After a certification of
that | 152 |
nature is made
and consent is
obtained, the juvenile court
shall | 153 |
proceed as if the action originally had
been begun in that
court, | 154 |
except as to awards for spousal support
or support due and
unpaid | 155 |
at the time of certification, over
which the juvenile court
has no | 156 |
jurisdiction. | 157 |
(G) Any
juvenile court that
makes or modifies an order for | 177 |
child support
shall comply with
Chapters 3119., 3121., 3123., and | 178 |
3125. of the Revised Code. If any person
required to pay
child | 179 |
support under an order made by a juvenile
court on or after
April | 180 |
15, 1985, or modified on or after December
1, 1986, is
found in | 181 |
contempt of court for failure to make support
payments
under the | 182 |
order, the court that makes the finding, in
addition to
any other | 183 |
penalty or remedy imposed, shall assess all
court costs
arising | 184 |
out of the contempt proceeding against the
person and
require the | 185 |
person to pay any reasonable attorney's
fees of any
adverse party, | 186 |
as determined by the court, that arose
in relation
to the act of | 187 |
contempt. | 188 |
(H) If a child who is charged with an act that would be an | 189 |
offense if committed by an adult was fourteen years of age or | 190 |
older and under
eighteen years of age at the time of the alleged | 191 |
act and if the case is
transferred for criminal prosecution | 192 |
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 193 |
court does not have jurisdiction to hear or
determine the case | 194 |
subsequent to the transfer. The court to which the
case is | 195 |
transferred for criminal prosecution pursuant to that
section has | 196 |
jurisdiction subsequent to the transfer to hear and
determine the | 197 |
case in the same manner as if the case originally
had been | 198 |
commenced in that court, including, but not limited to, | 199 |
jurisdiction to accept a plea of guilty or another plea
authorized | 200 |
by Criminal Rule 11 or another section
of the Revised Code and | 201 |
jurisdiction to accept a
verdict and to enter a judgment of | 202 |
conviction pursuant to the
Rules of Criminal Procedure against the | 203 |
child for the commission of the offense that was the basis of the | 204 |
transfer of the case for criminal prosecution, whether the | 205 |
conviction is for the same degree or a lesser degree of the | 206 |
offense charged, for the commission of a lesser-included offense, | 207 |
or for the commission of another offense that is different from | 208 |
the offense charged. | 209 |
(I) If a person under eighteen
years of age allegedly
commits | 210 |
an act that would be a felony if committed by
an adult and
if the | 211 |
person is not taken into custody or apprehended for that
act until | 212 |
after the person attains twenty-one years of age, the
juvenile | 213 |
court
does not have jurisdiction to hear or determine any
portion | 214 |
of the case
charging the person with committing that act.
In those | 215 |
circumstances,
divisions (A) and (B) of section 2152.12
of the | 216 |
Revised Code do not apply regarding the act, and the case
charging | 217 |
the person with committing the act shall be a criminal
prosecution | 218 |
commenced and heard in the appropriate court having
jurisdiction | 219 |
of the
offense as if the person had been eighteen
years of age or | 220 |
older when the
person committed the act. All
proceedings | 221 |
pertaining to the act shall be
within the jurisdiction
of the | 222 |
court having jurisdiction of the offense, and
that court
has all | 223 |
the authority and
duties
in the case that it has in other
criminal | 224 |
cases in
that court. | 225 |
Sec. 2151.27. (A)(1) Subject to division
(A)(2) of this | 226 |
section, any person having knowledge of a child
who appears to | 227 |
have violated section 2151.87 of the Revised Code or to be a | 228 |
juvenile
traffic offender or to be an unruly, abused,
neglected, | 229 |
or dependent child may
file a sworn complaint with
respect to that | 230 |
child in the juvenile
court of the county in which
the child has a | 231 |
residence or legal
settlement or in which the
violation, | 232 |
unruliness, abuse,
neglect, or dependency allegedly occurred. If | 233 |
an alleged abused,
neglected, or dependent child is taken into | 234 |
custody pursuant to
division (D) of section 2151.31 of the
Revised | 235 |
Code or is taken
into custody pursuant to division (A)
of section | 236 |
2151.31 of the
Revised Code without the filing of a
complaint and | 237 |
placed into
shelter care pursuant to division (C)
of that section, | 238 |
a sworn
complaint shall
be filed with respect to the child before | 239 |
the end
of the next
day after the day on which the child was taken | 240 |
into
custody. The sworn complaint may be upon information and | 241 |
belief,
and, in addition to the allegation that the child | 242 |
committed the
violation
or is an
unruly, abused, neglected, or | 243 |
dependent child, the complaint
shall allege the particular facts | 244 |
upon which the allegation that
the child committed the violation | 245 |
or is
an unruly,
abused, neglected, or dependent child is based. | 246 |
(B) If a child, before arriving at the age of eighteen
years, | 262 |
allegedly commits an act for which the child may be
adjudicated an | 263 |
unruly child and if the specific complaint alleging
the act is
not | 264 |
filed or a
hearing on that specific complaint is
not held
until | 265 |
after the
child arrives at the age of eighteen
years, the
court | 266 |
has
jurisdiction to hear and dispose of the
complaint as if
the | 267 |
complaint were filed and the hearing held
before the child
arrived | 268 |
at the age of eighteen years. | 269 |
(C) If the complainant in a case in which a child is
alleged | 270 |
to be an abused, neglected, or dependent child desires
permanent | 271 |
custody of the child or children, temporary custody of
the child | 272 |
or children, whether as the preferred or an alternative | 273 |
disposition, or the placement of the child in a planned permanent | 274 |
living
arrangement, the complaint shall contain a prayer | 275 |
specifically
requesting permanent custody, temporary custody, or | 276 |
the placement
of the child in a planned permanent living | 277 |
arrangement. | 278 |
(F) Upon the filing of a complaint alleging that a child is | 289 |
an
unruly child, the court may hold the complaint in abeyance | 290 |
pending
the child's
successful
completion of actions that | 291 |
constitute a
method to divert the child from the
juvenile court | 292 |
system. The
method may be adopted by a county pursuant to | 293 |
divisions (D) and
(E) of section
121.37 of the Revised Code or it | 294 |
may be another
method that
the court
considers satisfactory. If | 295 |
the child
completes the actions to the court's
satisfaction, the | 296 |
court may
dismiss the complaint. If the child fails to complete | 297 |
the actions
to
the court's satisfaction, the court may consider | 298 |
the complaint. | 299 |
Sec. 2152.021. (A)(1) Subject to division (A)(2) of
this | 300 |
section, any person having knowledge of a child who
appears to be | 301 |
a juvenile traffic offender or to be a delinquent
child may file a | 302 |
sworn complaint with respect to that child in the juvenile
court | 303 |
of the county in which the child has a residence or legal | 304 |
settlement or
in which the traffic offense or delinquent act | 305 |
allegedly occurred. The sworn
complaint may be upon information | 306 |
and belief, and, in addition to
the allegation that the child is a | 307 |
delinquent child or a juvenile
traffic offender, the complaint | 308 |
shall allege the particular facts
upon which the allegation that | 309 |
the child is a delinquent child or
a juvenile traffic offender is | 310 |
based. | 311 |
If a child appears to be a delinquent child who is eligible | 312 |
for a
serious youthful offender dispositional sentence under | 313 |
section 2152.11
of the Revised Code and if the prosecuting | 314 |
attorney
desires to
seek a serious youthful offender dispositional | 315 |
sentence under section 2152.13
of the
Revised Code in regard to | 316 |
the
child, the prosecuting attorney of the county in
which the | 317 |
alleged
delinquency occurs may initiate a case in the juvenile | 318 |
court of
the county by presenting the case to a grand jury for | 319 |
indictment,
by charging the child
in a bill of information as a | 320 |
serious youthful offender
pursuant to section 2152.13 of the | 321 |
Revised
Code, by requesting a serious
youthful offender | 322 |
dispositional sentence in the original complaint alleging
that the | 323 |
child is a
delinquent child, or by filing with the juvenile court | 324 |
a written notice of
intent to seek a serious
youthful offender | 325 |
dispositional sentence. | 326 |
(2) Any person having knowledge of a child who appears to be | 327 |
a
delinquent child for being an habitual or chronic truant may | 328 |
file a sworn
complaint with respect to
that child and the parent, | 329 |
guardian, or other person having care
of the child in the juvenile | 330 |
court of the county in which the
child has a residence or legal | 331 |
settlement or in which the child is
supposed to attend public | 332 |
school. The sworn complaint may be upon
information and belief and | 333 |
shall contain the following
allegations: | 334 |
(C) Within ten days after the filing of a complaint or the | 349 |
issuance of an indictment, the court
shall give written notice of | 350 |
the filing of the complaint or the issuance of an
indictment and | 351 |
of the substance of the complaint or indictment to the | 352 |
superintendent of a city,
local, exempted village, or joint | 353 |
vocational school district if
the complaint or indictment alleges | 354 |
that a child committed an act that would
be
a criminal offense if | 355 |
committed by an adult, that the child was
sixteen years of age or | 356 |
older at the time of the commission of the
alleged act, and that | 357 |
the alleged act is any of the following: | 358 |
(4) A violation of section 2903.01, 2903.02, 2903.03, | 373 |
2903.04,
2903.11, 2903.12, 2907.02, or 2907.05 of the Revised | 374 |
Code,
or a
violation of former section 2907.12 of the Revised | 375 |
Code,
that was
committed on property owned or controlled by, or at | 376 |
an activity held under the auspices of, the board of education of | 377 |
that school
district, if the victim at the time of the commission | 378 |
of the
alleged act was an employee of the board of education of | 379 |
that
school district; | 380 |
(5) Complicity in any violation described in division
(C)(1), | 381 |
(2), (3), or (4) of this section that was alleged to have
been | 382 |
committed
in the manner described in division (C)(1), (2),
(3), or | 383 |
(4) of this section, regardless of whether the act of
complicity | 384 |
was committed
on property
owned or controlled by, or at
an | 385 |
activity held under the auspices of, the
board of education
of | 386 |
that school district. | 387 |
Sec. 3109.04. (A) In any divorce, legal separation, or | 399 |
annulment proceeding and in any proceeding pertaining to the | 400 |
allocation of parental rights and responsibilities for the care
of | 401 |
a child, upon hearing the testimony of either or both parents
and | 402 |
considering any mediation report filed pursuant to section | 403 |
3109.052 of the Revised Code and in accordance with sections | 404 |
3109.21 to 3109.363127.01 to 3127.53 of the Revised Code, the | 405 |
court shall allocate
the parental rights and responsibilities for | 406 |
the care of the
minor
children of the marriage. Subject to | 407 |
division (D)(2) of
this
section, the court may allocate the | 408 |
parental rights and
responsibilities for the care of the children | 409 |
in either of the
following ways: | 410 |
(1) If neither parent files a pleading or motion in | 411 |
accordance with division (G) of this section, if at least one | 412 |
parent files a pleading or motion under that division but no | 413 |
parent who filed a pleading or motion under that division also | 414 |
files a plan for shared parenting, or if at least one parent
files | 415 |
both a pleading or motion and a shared parenting plan under
that | 416 |
division but no plan for shared parenting is in the best
interest | 417 |
of the children, the court, in a manner consistent with
the best | 418 |
interest of the children, shall allocate the parental
rights and | 419 |
responsibilities for the care of the children
primarily to one of | 420 |
the parents, designate that parent as the
residential parent and | 421 |
the legal custodian of the child, and
divide between the parents | 422 |
the other rights and responsibilities
for the care of the | 423 |
children, including, but not limited to, the
responsibility to | 424 |
provide support for the children and the right
of the parent who | 425 |
is not the residential parent to have
continuing contact with the | 426 |
children. | 427 |
(2) If at least one parent files a pleading or motion in | 428 |
accordance with division (G) of this section and a plan for
shared | 429 |
parenting pursuant to that division and if a plan for
shared | 430 |
parenting is in the best interest of the children and is
approved | 431 |
by the court in accordance with division (D)(1) of this
section, | 432 |
the court may allocate the parental rights and
responsibilities | 433 |
for the care of the children to both parents and
issue a shared | 434 |
parenting order requiring the parents to share all
or some of the | 435 |
aspects of the physical and legal care of the
children in | 436 |
accordance with the approved plan for shared
parenting. If the | 437 |
court issues a shared parenting order under
this division and it | 438 |
is necessary for the purpose of receiving
public assistance, the | 439 |
court shall designate which one of the
parents' residences is to | 440 |
serve as the child's home. The child
support obligations of the | 441 |
parents under a shared parenting order
issued under this division | 442 |
shall be determined in accordance with
Chapters 3119., 3121., | 443 |
3123.,
and 3125. of the Revised Code. | 444 |
(B)(1) When making the allocation of the parental rights
and | 445 |
responsibilities for the care of the children under this
section | 446 |
in an original proceeding or in any proceeding for
modification of | 447 |
a prior order of the court making the allocation,
the court shall | 448 |
take into account that which would be in the best
interest of the | 449 |
children. In determining the child's best
interest for purposes
of | 450 |
making its allocation of the parental
rights and
responsibilities | 451 |
for the care of the child and for
purposes of
resolving any issues | 452 |
related to the making of that
allocation, the
court, in its | 453 |
discretion, may and, upon the
request of either
party, shall | 454 |
interview in chambers any or all
of the involved
children | 455 |
regarding their wishes and concerns with
respect to the | 456 |
allocation. | 457 |
(b) The court first shall determine the reasoning ability
of | 462 |
the child. If the court determines that the child does not
have | 463 |
sufficient reasoning ability to express the child's
wishes and | 464 |
concern with respect to the allocation of parental rights and | 465 |
responsibilities for the care of the child, it shall not
determine | 466 |
the child's wishes and concerns with respect to the
allocation.
If | 467 |
the court determines that the child has
sufficient reasoning | 468 |
ability to express the child's wishes
or concerns
with respect to | 469 |
the allocation, it then shall determine whether,
because of | 470 |
special circumstances, it would not be in the best
interest of the | 471 |
child to determine the child's wishes and
concerns with respect to | 472 |
the allocation. If the court determines
that, because of special | 473 |
circumstances, it would not be in the
best interest of the child | 474 |
to determine the child's wishes and
concerns with respect to the | 475 |
allocation, it shall not determine
the child's wishes and concerns | 476 |
with respect to the allocation
and shall enter its written | 477 |
findings of fact and opinion in the
journal. If the court | 478 |
determines that it would be in the best
interests of the child to | 479 |
determine the child's wishes and
concerns with respect to the | 480 |
allocation, it shall proceed to make
that determination. | 481 |
(3) No person shall obtain or attempt to obtain from a
child | 487 |
a written or recorded statement or affidavit setting forth
the | 488 |
child's wishes and concerns regarding the allocation of
parental | 489 |
rights and responsibilities concerning the child. No
court, in | 490 |
determining the child's best interest for purposes of
making its | 491 |
allocation of the parental rights and responsibilities
for the | 492 |
care of the child or for purposes of resolving any issues
related | 493 |
to the making of that allocation, shall accept or
consider a | 494 |
written or recorded statement or affidavit that
purports to set | 495 |
forth the child's wishes and concerns regarding
those matters. | 496 |
(C) Prior to trial, the court may cause an investigation
to | 497 |
be made as to the character, family relations, past conduct, | 498 |
earning ability, and financial worth of each parent and may order | 499 |
the parents and their minor children to submit to medical, | 500 |
psychological, and psychiatric examinations. The report of the | 501 |
investigation and examinations shall be made available to either | 502 |
parent or the parent's counsel of record not less than five
days | 503 |
before
trial, upon written request. The report shall be signed by | 504 |
the
investigator, and the investigator shall be subject to | 505 |
cross-examination by either parent concerning the contents of the | 506 |
report. The court may tax as costs all or any part of the
expenses | 507 |
for each investigation. | 508 |
If the court determines that either parent previously has | 509 |
been convicted of or pleaded guilty to any criminal offense | 510 |
involving any act that resulted in a child being a neglected | 511 |
child, that either parent previously has been determined to be
the | 512 |
perpetrator of the neglectful act that is the basis of an | 513 |
adjudication that a child is a neglected child, or that there is | 514 |
reason to believe that either parent has acted in a manner | 515 |
resulting in a child being a neglected child, the court shall | 516 |
consider that fact against naming that parent the residential | 517 |
parent and against granting a shared parenting decree. When the | 518 |
court allocates parental rights and responsibilities for the care | 519 |
of children or determines whether to grant shared parenting in
any | 520 |
proceeding, it shall consider whether either parent has been | 521 |
convicted of or pleaded guilty to a violation of section 2919.25 | 522 |
of the Revised Code involving a victim who at the time of the | 523 |
commission of the offense was a member of the family or household | 524 |
that is the subject of the proceeding, has been convicted of or | 525 |
pleaded guilty to any other offense involving a victim who at the | 526 |
time of the commission of the offense was a member of the family | 527 |
or household that is the subject of the proceeding and caused | 528 |
physical harm to the victim in the commission of the offense, or | 529 |
has been determined to be the perpetrator of the abusive act that | 530 |
is the basis of an adjudication that a child is an abused child. | 531 |
If the court determines that either parent has been convicted of | 532 |
or pleaded guilty to a violation of section 2919.25 of the
Revised | 533 |
Code involving a victim who at the time of the commission
of the | 534 |
offense was a member of the family or household that is
the | 535 |
subject of the proceeding, has been convicted of or pleaded
guilty | 536 |
to any other offense involving a victim who at the time of
the | 537 |
commission of the offense was a member of the family or
household | 538 |
that is the subject of the proceeding and caused
physical harm to | 539 |
the victim in the commission of the offense, or
has been | 540 |
determined to be the perpetrator of the abusive act that
is the | 541 |
basis of an adjudication that a child is an abused child,
it may | 542 |
designate that parent as the residential parent and may
issue a | 543 |
shared parenting decree or order only if it determines
that it is | 544 |
in the best interest of the child to name that parent
the | 545 |
residential parent or to issue a shared parenting decree or
order | 546 |
and it makes specific written findings of fact to support
its | 547 |
determination. | 548 |
(i) If both parents jointly make the request in their | 555 |
pleadings or jointly file the motion and also jointly file the | 556 |
plan, the court shall review the parents' plan to determine if it | 557 |
is in the best interest of the children. If the court determines | 558 |
that the plan is in the best interest of the children, the court | 559 |
shall approve it. If the court determines that the plan or any | 560 |
part of the plan is not in the best interest of the children, the | 561 |
court shall require the parents to make appropriate changes to
the | 562 |
plan to meet the court's objections to it. If changes to the
plan | 563 |
are made to meet the court's objections, and if the new plan
is in | 564 |
the best interest of the children, the court shall approve
the | 565 |
plan. If changes to the plan are not made to meet the
court's | 566 |
objections, or if the parents attempt to make changes to
the plan | 567 |
to meet the court's objections, but the court determines
that the | 568 |
new plan or any part of the new plan still is not in the
best | 569 |
interest of the children, the court may reject the portion
of the | 570 |
parents' pleadings or deny their motion requesting shared | 571 |
parenting of the children and proceed as if the request in the | 572 |
pleadings or the motion had not been made. The court shall not | 573 |
approve a plan under this division unless it determines that the | 574 |
plan is in the best interest of the children. | 575 |
(ii) If each parent makes a request in the parent's
pleadings | 576 |
or
files a motion and each also files a separate plan,
the
court | 577 |
shall review each plan filed to determine if either is
in
the best | 578 |
interest of the children. If the court determines
that
one of the | 579 |
filed plans is in the best interest of the
children,
the court may | 580 |
approve the plan. If the court determines
that
neither filed plan | 581 |
is in the best interest of the children,
the
court may order each | 582 |
parent to submit appropriate changes to
the parent's plan or both | 583 |
of the filed plans to meet the court's
objections, or may select | 584 |
one of the filed plans and order each
parent to submit appropriate | 585 |
changes to the selected plan to meet
the court's objections. If | 586 |
changes to the plan or plans are
submitted to meet the court's | 587 |
objections, and if any of the filed
plans with the changes is in | 588 |
the best interest of the children,
the court may approve the plan | 589 |
with the changes. If changes to
the plan or plans are not | 590 |
submitted to meet the court's
objections, or if the parents submit | 591 |
changes to the plan or plans
to meet the court's objections but | 592 |
the court determines that none
of the filed plans with the | 593 |
submitted changes is in the best
interest of the children, the | 594 |
court may reject the portion of the
parents' pleadings or deny | 595 |
their motions requesting shared
parenting of the children and | 596 |
proceed as if the requests in the
pleadings or the motions had not | 597 |
been made. If the court
approves
a plan under this division, | 598 |
either as originally filed
or with
submitted changes, or if the | 599 |
court rejects the portion of
the
parents' pleadings or denies | 600 |
their motions requesting shared
parenting under this division and | 601 |
proceeds as if the requests in
the pleadings or the motions had | 602 |
not been made, the court shall
enter in the record of the case | 603 |
findings of fact and conclusions
of law as to the reasons for the | 604 |
approval or the rejection or
denial. Division (D)(1)(b) of this | 605 |
section applies in relation
to
the approval or disapproval of a | 606 |
plan under this division. | 607 |
(iii) If each parent makes a request in the parent's | 608 |
pleadings or
files a motion but only one parent files a plan, or | 609 |
if
only
one parent makes a request in the parent's pleadings or | 610 |
files a motion and
also files a plan, the court in the best | 611 |
interest of the children
may order the other parent to file a plan | 612 |
for shared parenting in
accordance with division (G) of this | 613 |
section. The court shall
review each plan filed to determine if | 614 |
any plan is in the best
interest of the children. If the court | 615 |
determines that one of
the filed plans is in the best interest of | 616 |
the children, the
court may approve the plan. If the court | 617 |
determines that no
filed plan is in the best interest of the | 618 |
children, the court may
order each parent to submit appropriate | 619 |
changes to the
parent's plan
or both of the filed plans to meet | 620 |
the court's objections or may
select one filed plan and order each | 621 |
parent to submit appropriate
changes to the selected plan to meet | 622 |
the court's objections. If
changes to the plan or plans are | 623 |
submitted to meet the court's
objections, and if any of the filed | 624 |
plans with the changes is in
the best interest of the children, | 625 |
the court may approve the plan
with the changes. If changes to
the | 626 |
plan or plans are not
submitted to meet the court's
objections, or | 627 |
if the parents
submit changes to the plan or plans
to meet the | 628 |
court's
objections but the court determines that none
of the filed | 629 |
plans
with the submitted changes is in the best
interest of the | 630 |
children, the court may reject the portion of the
parents' | 631 |
pleadings or deny the parents' motion or reject the
portion of
the | 632 |
parents' pleadings or deny their motions requesting
shared | 633 |
parenting of the children and proceed as if the request or | 634 |
requests or the motion or motions had not been made. If the
court | 635 |
approves a plan under this division, either as originally
filed or | 636 |
with submitted changes, or if the court rejects the
portion of the | 637 |
pleadings or denies the motion or motions
requesting shared | 638 |
parenting under this division and proceeds as
if the request or | 639 |
requests or the motion or motions had not been
made, the court | 640 |
shall enter in the record of the case findings of
fact and | 641 |
conclusions of law as to the reasons for the approval or
the | 642 |
rejection or denial. Division (D)(1)(b) of this section
applies
in | 643 |
relation to the approval or disapproval of a plan
under this | 644 |
division. | 645 |
(b) The approval of a plan under division (D)(1)(a)(ii) or | 646 |
(iii) of this section is discretionary with the court. The court | 647 |
shall not approve more than one plan under either division and | 648 |
shall not approve a plan under either division unless it | 649 |
determines that the plan is in the best interest of the children. | 650 |
If the court, under either division, does not determine that any | 651 |
filed plan or any filed plan with submitted changes is in the
best | 652 |
interest of the children, the court shall not approve any
plan. | 653 |
(d) If a court approves a shared parenting plan under | 660 |
division (D)(1)(a)(i), (ii), or (iii) of this section, the | 661 |
approved plan shall be incorporated into a final shared parenting | 662 |
decree granting the parents the shared parenting of the children. | 663 |
Any final shared parenting decree shall be issued at the same
time | 664 |
as and shall be appended to the final decree of dissolution, | 665 |
divorce, annulment, or legal separation arising out of the action | 666 |
out of which the question of the allocation of parental rights
and | 667 |
responsibilities for the care of the children arose. | 668 |
(2) If the court finds, with respect to any child under | 675 |
eighteen years of age, that it is in the best interest of the | 676 |
child for neither parent to be designated the residential parent | 677 |
and legal custodian of the child, it may commit the child to a | 678 |
relative of the child or certify a copy of its findings, together | 679 |
with as much of the record and the further information, in | 680 |
narrative form or otherwise, that it considers necessary or as
the | 681 |
juvenile court requests, to the juvenile court for further | 682 |
proceedings, and, upon the certification, the juvenile court has | 683 |
exclusive jurisdiction. | 684 |
(E)(1)(a) The court shall not modify a prior decree | 685 |
allocating parental rights and responsibilities for the care of | 686 |
children unless it finds, based on facts that have arisen since | 687 |
the prior decree or that were unknown to the court at the time of | 688 |
the prior decree, that a change has occurred in the circumstances | 689 |
of the child, the child's residential parent, or either of
the | 690 |
parents
subject to a shared parenting decree, and that the | 691 |
modification
is necessary to serve the best interest of the child. | 692 |
In
applying these standards, the court shall retain the | 693 |
residential
parent designated by the prior decree or the prior | 694 |
shared
parenting decree, unless a modification is in the best | 695 |
interest
of the child and one of the following applies: | 696 |
(b) One or both of the parents under a prior decree | 707 |
allocating parental rights and responsibilities for the care of | 708 |
children that is not a shared parenting decree may file a motion | 709 |
requesting that the prior decree be modified to give both parents | 710 |
shared rights and responsibilities for the care of the children. | 711 |
The motion shall include both a request for modification of the | 712 |
prior decree and a request for a shared parenting order that | 713 |
complies with division (G) of this section. Upon the filing of
the | 714 |
motion, if the court determines that a modification of the
prior | 715 |
decree is authorized under division (E)(1)(a) of this
section, the | 716 |
court may modify the prior decree to grant a shared
parenting | 717 |
order, provided that the court shall not modify the
prior decree | 718 |
to grant a shared parenting order unless the court
complies with | 719 |
divisions (A) and (D)(1) of this section and, in
accordance with | 720 |
those divisions, approves the submitted shared
parenting plan and | 721 |
determines that shared parenting would be in
the best interest of | 722 |
the children. | 723 |
(a) Both parents under a shared parenting decree jointly
may | 726 |
modify the terms of the plan for shared parenting approved by
the | 727 |
court and incorporated by it into the shared parenting
decree. | 728 |
Modifications under this division may be made
at any time. The | 729 |
modifications to the plan shall be filed
jointly by both parents | 730 |
with the court, and the court shall
include them in the plan, | 731 |
unless they are not in the best
interest of the children. If the | 732 |
modifications are not in the best interests
of the children, the | 733 |
court, in its discretion, may reject the
modifications or make | 734 |
modifications to the proposed modifications or the plan
that are | 735 |
in the best interest of the children. Modifications jointly | 736 |
submitted by both parents under a shared parenting decree shall be | 737 |
effective,
either as originally filed
or as modified by the court, | 738 |
upon their
inclusion by the court in the plan. Modifications to | 739 |
the plan made by the
court shall be effective upon their inclusion | 740 |
by the court in the plan. | 741 |
(b) The court may modify the terms of the plan for shared | 742 |
parenting approved by the court and incorporated by it into the | 743 |
shared parenting decree upon its own motion at any time if the | 744 |
court
determines that the modifications are in the best interest | 745 |
of the children or
upon the request of one or both of the
parents | 746 |
under the decree. Modifications under this division may
be made
at | 747 |
any time. The court shall not make any
modification to the
plan | 748 |
under this division, unless the
modification is in the best | 749 |
interest of the children. | 750 |
(c) The court may terminate a prior final shared parenting | 751 |
decree that includes a shared parenting plan approved under | 752 |
division (D)(1)(a)(i) of this section upon the request of one or | 753 |
both of the parents or whenever it determines that shared | 754 |
parenting is not in the best interest of the children. The court | 755 |
may terminate a prior final shared parenting decree that includes | 756 |
a shared parenting plan approved under division (D)(1)(a)(ii) or | 757 |
(iii) of this section if it determines, upon its own motion or | 758 |
upon the request of one or both parents, that shared parenting is | 759 |
not in the best interest of the children. If modification of the | 760 |
terms of the plan for shared parenting approved by the court and | 761 |
incorporated by it into the final shared parenting decree is | 762 |
attempted under division (E)(2)(a) of this section and the court | 763 |
rejects the modifications, it may terminate the final shared | 764 |
parenting decree if it determines that shared parenting is not in | 765 |
the best interest of the children. | 766 |
(h) Whether either parent previously has been convicted of
or | 801 |
pleaded guilty to any criminal offense involving any act that | 802 |
resulted in a child being an abused child or a neglected child; | 803 |
whether either parent, in a case in which a child has been | 804 |
adjudicated an abused child or a neglected child, previously has | 805 |
been determined to be the perpetrator of the abusive or
neglectful | 806 |
act that is the basis of an adjudication; whether
either parent | 807 |
previously has been convicted of or pleaded guilty
to a violation | 808 |
of section 2919.25 of the Revised Code involving a
victim who at | 809 |
the time of the commission of the offense was a
member of the | 810 |
family or household that is the subject of the
current proceeding; | 811 |
whether either parent previously has been
convicted of or pleaded | 812 |
guilty to any offense involving a victim
who at the time of the | 813 |
commission of the offense was a member of
the family or household | 814 |
that is the subject of the current
proceeding and caused physical | 815 |
harm to the victim in the
commission of the offense; and whether | 816 |
there is reason to believe
that either parent has acted in a | 817 |
manner resulting in a child
being an abused child or a neglected | 818 |
child; | 819 |
(G) Either parent or both parents of any children may file
a | 847 |
pleading or motion with the court requesting the court to grant | 848 |
both parents shared parental rights and responsibilities for the | 849 |
care of the children in a proceeding held pursuant to division
(A) | 850 |
of this section. If a pleading or motion requesting shared | 851 |
parenting is filed, the parent or parents filing the pleading or | 852 |
motion also shall file with the court a plan for the exercise of | 853 |
shared parenting by both parents. If each parent files a
pleading | 854 |
or motion requesting shared parenting but only one
parent files a | 855 |
plan or if only one parent files a
pleading
or motion requesting | 856 |
shared parenting and also files a plan, the
other parent as | 857 |
ordered by the court shall file with the court a
plan for the | 858 |
exercise of shared parenting by both parents. The
plan for shared | 859 |
parenting shall be filed with the petition for
dissolution of | 860 |
marriage, if the question of parental rights and
responsibilities | 861 |
for the care of the children arises out of an
action for | 862 |
dissolution of marriage, or, in other cases, at a time
at least | 863 |
thirty days prior to the hearing on the issue of the
parental | 864 |
rights and responsibilities for the care of the
children. A plan | 865 |
for shared parenting shall include provisions
covering all factors | 866 |
that are relevant to the care of the
children, including, but not | 867 |
limited to, provisions covering
factors such as physical living | 868 |
arrangements, child support
obligations, provision for the | 869 |
children's medical and dental
care, school placement, and the | 870 |
parent with which the children will be
physically located during | 871 |
legal holidays, school holidays, and other days of
special | 872 |
importance. | 873 |
(1) A parent who is granted the care, custody, and control
of | 888 |
a child under an order that was issued pursuant to this
section | 889 |
prior to April 11, 1991, and that does not provide for
shared | 890 |
parenting has "custody of the child" and "care, custody,
and | 891 |
control of the child" under the order, and is the
"residential | 892 |
parent," the "residential parent and legal
custodian," or the | 893 |
"custodial parent" of the child under the
order. | 894 |
(2) A parent who primarily is allocated the parental
rights | 895 |
and responsibilities for the care of a child and who is
designated | 896 |
as the residential parent and legal custodian of the
child under | 897 |
an order that is issued pursuant to this section on
or after April | 898 |
11, 1991, and that does not provide for shared
parenting has | 899 |
"custody of the child" and "care, custody, and
control of the | 900 |
child" under the order, and is the "residential
parent," the | 901 |
"residential parent and legal custodian," or the
"custodial | 902 |
parent" of the child under the order. | 903 |
(4) A parent who is not primarily allocated the parental | 910 |
rights and responsibilities for the care of a child and who is
not | 911 |
designated as the residential parent and legal custodian of
the | 912 |
child under an order that is issued pursuant to this section
on or | 913 |
after April 11, 1991, and that does not provide for shared | 914 |
parenting is the "parent who is not the residential parent," the | 915 |
"parent who is not the residential parent and legal custodian,"
or | 916 |
the "noncustodial parent" of the child under the order. | 917 |
(6) Unless the context clearly requires otherwise and
except | 924 |
as otherwise provided in the order, if an order is issued
by a | 925 |
court pursuant to this section and the order provides for
shared | 926 |
parenting of a child, each parent, regardless of where the child | 927 |
is
physically located or with whom the child is residing at a | 928 |
particular point in
time, as specified in the order,
is the | 929 |
"residential parent," the "residential parent and legal | 930 |
custodian," or the "custodial parent" of the child. | 931 |
(7) Unless the context clearly requires otherwise and
except | 932 |
as otherwise provided in the order, a designation in the order of | 933 |
a
parent as the residential parent for the purpose of determining | 934 |
the school the
child attends, as the custodial parent for purposes | 935 |
of claiming the child as a
dependent pursuant to section 152(e) of | 936 |
the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. | 937 |
1, as amended, or as the residential parent for
purposes of | 938 |
receiving public assistance pursuant to division (A)(2) of this | 939 |
section, does not affect the designation pursuant to division | 940 |
(K)(6) of this
section of each parent as the "residential parent," | 941 |
the "residential parent
and legal custodian," or the "custodial | 942 |
parent" of the child. | 943 |
(10) "Parenting determination" means a judgment, decree, or | 980 |
other order of a court that, in relation to the parents of a | 981 |
child, allocates parental rights and responsibilities for the care | 982 |
of the child, including any designation of parenting time rights, | 983 |
and designates a residential parent and legal custodian of the | 984 |
child or that, in relation to any other person, provides for the | 985 |
legal custody, physical custody, or visitation with respect to a | 986 |
child. The term includes permanent, temporary, initial, and | 987 |
modification orders. The term does not include an order relating | 988 |
to child support or other monetary obligations of an individual. | 989 |
(11) "Parenting proceeding" means a proceeding in which a | 990 |
parenting determination with respect to a child is an issue. The | 991 |
term includes proceedings for divorce, dissolution, legal | 992 |
separation, to determine whether a child is an abused, neglected, | 993 |
or dependent child, to establish guardianship, to determine the | 994 |
existence of a parent and child relationship, to terminate | 995 |
parental rights, and for protection from domestic violence, in | 996 |
which the issue may appear. The term does not include a proceeding | 997 |
involving juvenile delinquency or contractual emancipation, or for | 998 |
enforcement under sections 3127.31 to 3127.47 of the Revised Code. | 999 |
Sec. 3127.05. A parenting determination made by a court of | 1053 |
this state that had jurisdiction under sections 3127.01 to 3127.53 | 1054 |
of the Revised Code binds all persons who have been served in | 1055 |
accordance with the laws of this state, notified in accordance | 1056 |
with section 3127.07 of the Revised Code, or who have submitted to | 1057 |
the jurisdiction of the court, and who have been given an | 1058 |
opportunity to be heard. As to those persons, the determination is | 1059 |
conclusive as to all decided issues of law and fact except to the | 1060 |
extent the determination is modified. | 1061 |
Sec. 3127.08. (A) A party to a parenting proceeding, | 1079 |
including a modification proceeding, or a petitioner or respondent | 1080 |
in a proceeding to enforce or register a parenting determination, | 1081 |
is not subject to personal jurisdiction in this state for another | 1082 |
proceeding or purpose solely by reason of having participated, or | 1083 |
of having been physically present for the purpose of | 1084 |
participating, in the parenting proceeding. | 1085 |
Sec. 3127.10. (A) In addition to other procedures available | 1116 |
to a party, a party to a parenting proceeding may offer testimony | 1117 |
of witnesses who are located in another state, including testimony | 1118 |
of the parties and the child, by deposition or other means | 1119 |
allowable in this state for testimony taken in another state. The | 1120 |
court on its own motion may order that the testimony of a person | 1121 |
be taken in another state and may prescribe the manner in which | 1122 |
and the terms upon which the testimony is taken. | 1123 |
Sec. 3127.16. Except as otherwise provided in section | 1201 |
3127.18 of the Revised Code, a court of this state that has made a | 1202 |
parenting determination consistent with section 3127.15 or 3127.17 | 1203 |
of the Revised Code has exclusive, continuing jurisdiction over | 1204 |
the determination until this court or a court of another state | 1205 |
determines that the child, the child's parents, and any person | 1206 |
acting as a parent do not presently reside in this state. | 1207 |
(B) If there is no previous parenting determination that is | 1230 |
entitled to be enforced under this chapter and a parenting | 1231 |
proceeding has not been commenced in a court of a state having | 1232 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1233 |
or a similar statute of another state, a parenting determination | 1234 |
made under this section remains in effect until an order is | 1235 |
obtained from a court of a state having jurisdiction under | 1236 |
sections 3127.15 to 3127.17 of the Revised Code or a similar | 1237 |
statute of another state. If a parenting proceeding has not been | 1238 |
or is not commenced in a court of a state having jurisdiction | 1239 |
under sections 3127.15 to 3127.17 of the Revised Code or a similar | 1240 |
statute of another state, a parenting determination made under | 1241 |
this section becomes a final determination, if it so provides and | 1242 |
this state becomes the home state of the child. | 1243 |
(C) If there is a previous parenting determination that is | 1244 |
entitled to be enforced under this chapter, or a parenting | 1245 |
proceeding has been commenced in a court of a state having | 1246 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1247 |
or a similar statute of another state, any order issued by a court | 1248 |
of this state under this section must specify in the order a | 1249 |
period that the court considers adequate to allow the person | 1250 |
seeking an order to obtain an order from the state having | 1251 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1252 |
or a similar statute of another state. The order issued in this | 1253 |
state remains in effect until an order is obtained from the other | 1254 |
state within the period specified or until the period expires. | 1255 |
(D) A court of this state that has been asked to make a | 1256 |
parenting determination under this section, upon being informed | 1257 |
that a parenting proceeding has been commenced in or a parenting | 1258 |
determination has been made by a court of a state having | 1259 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1260 |
or a similar statute of another state, shall immediately | 1261 |
communicate with the other court. A court of this state that is | 1262 |
exercising jurisdiction pursuant to sections 3127.15 to 3127.17 of | 1263 |
the Revised Code, upon being informed that a parenting proceeding | 1264 |
has been commenced in or a parenting determination has been made | 1265 |
by a court of another state under a statute similar to this | 1266 |
section, shall immediately communicate with the court of that | 1267 |
state to resolve the emergency, protect the safety of the parties | 1268 |
and the child, and determine a period for the duration of the | 1269 |
temporary order. | 1270 |
Sec. 3127.20. (A) Except as otherwise provided in section | 1286 |
3127.18 of the Revised Code, a court of this state may not | 1287 |
exercise its jurisdiction under sections 3127.15 to 3127.17 of the | 1288 |
Revised Code if, at the time of the commencement of the | 1289 |
proceeding, a parenting proceeding concerning the child is pending | 1290 |
in a court of another state having jurisdiction substantially in | 1291 |
conformity with this chapter, unless the proceeding has been | 1292 |
terminated or is stayed by the court of the other state because a | 1293 |
court of this state is a more convenient forum under section | 1294 |
3127.21 of the Revised Code or a similar statute of the other | 1295 |
state. | 1296 |
(B) Except as otherwise provided in section 3127.18 of the | 1297 |
Revised Code, a court of this state, before hearing a parenting | 1298 |
proceeding, shall examine the court documents and other | 1299 |
information supplied by the parties pursuant to section 3127.23 of | 1300 |
the Revised Code. If the court determines that a parenting | 1301 |
proceeding is pending in a court in another state having | 1302 |
jurisdiction substantially in accordance with this chapter, the | 1303 |
court of this state shall stay its proceeding and communicate with | 1304 |
the court of the other state. If the court of the state having | 1305 |
jurisdiction substantially in accordance with this chapter does | 1306 |
not determine that the court of this state is a more appropriate | 1307 |
forum, the court of this state shall dismiss the proceeding. | 1308 |
(C) If a court dismisses a petition or stays a proceeding | 1384 |
because it declines to exercise its jurisdiction pursuant to | 1385 |
division (A) of this section, it shall assess against the party | 1386 |
seeking to invoke its jurisdiction necessary and reasonable | 1387 |
expenses including costs, communication expenses, attorney's fees, | 1388 |
investigative fees, expenses for witnesses, travel expenses, and | 1389 |
child care during the course of the proceedings, unless the party | 1390 |
from whom fees are sought establishes that the assessment would be | 1391 |
clearly inappropriate. The court may not assess fees, costs, or | 1392 |
expenses against this state or a political subdivision of this | 1393 |
state unless authorized by law other than this chapter. | 1394 |
(D) As used in this section, "unjustifiable conduct" means | 1395 |
conduct by a parent or that parent's surrogate that attempts to | 1396 |
create jurisdiction in this state by removing the child from the | 1397 |
child's home state, secreting the child, retaining the child, or | 1398 |
restraining or otherwise preventing the child from returning to | 1399 |
the child's home state in order to prevent the other parent from | 1400 |
commencing a parenting proceeding in the child's home state. | 1401 |
Sec. 3109.27. Sec. 3127.23. (A) Each party in a parenting | 1402 |
proceeding,
in the party's first pleading or in an affidavit | 1403 |
attached to that
pleading, shall give information if reasonably | 1404 |
ascertainable under oath as to the child's
present address or | 1405 |
whereabouts, the places where the child has lived within the
last | 1406 |
five years, and the name and present address of each person
with | 1407 |
whom the child has lived during that period. In this
pleading or | 1408 |
affidavit, each party also shall include all of the
following | 1409 |
information: | 1410 |
(1) Whether the party has participated as a party, a
witness, | 1411 |
or in any other capacity in any other litigation, in
this or any | 1412 |
other state, that concernedproceeding concerning the allocation, | 1413 |
between
the parents of the same child, of parental rights and | 1414 |
responsibilities for the care of the child including any | 1415 |
designation of parenting time rights and the designation of
the | 1416 |
residential parent and legal custodian of the child or that | 1417 |
otherwise concerned the custody of or visitation with the same | 1418 |
child and, if so, the court, case number and the date of the | 1419 |
parenting determination, if any; | 1420 |
(2) Whether the party has information of any parenting | 1421 |
proceeding concerning the child pending in a court of this or any | 1422 |
other stateknows of any proceedings that could affect the current | 1423 |
proceeding, including proceedings for enforcement of parenting | 1424 |
determinations, proceedings relating to domestic violence or | 1425 |
protective orders, proceedings to adjudicate the child as an | 1426 |
abused, neglected, or dependent child, proceedings seeking | 1427 |
termination of parental rights, and adoptions, and, if so, the | 1428 |
court, the case number, and the nature of the proceeding; | 1429 |
(4) Whether the party previously has been convicted of or | 1437 |
pleaded guilty to any criminal offense involving any act that | 1438 |
resulted in a child being an abused child or a neglected child or | 1439 |
previously has been determined, in a case in which a child has | 1440 |
been adjudicated an abused child or a neglected child, to be the | 1441 |
perpetrator of the abusive or neglectful act that was the basis
of | 1442 |
the adjudicationand, if so, the names and addresses of those | 1443 |
persons. | 1444 |
(D)(E) If a party alleges in an affidavit or a pleading under | 1460 |
oath that the health, safety, or liberty of a party or child would | 1461 |
be jeopardized by the disclosure of identifying information, the | 1462 |
information must be sealed and may not be disclosed to the other | 1463 |
party or the public unless the court orders the disclosure to be | 1464 |
made after a hearing in which the court takes into consideration | 1465 |
the health, safety, and liberty of the party or child and | 1466 |
determines that the disclosure is in the interests of justice. | 1467 |
Sec. 3127.37. If a proceeding for enforcement under sections | 1626 |
3127.31 to 3127.46 of the Revised Code is commenced in a juvenile | 1627 |
court or other court of this state with jurisdiction under section | 1628 |
2101.022 or 2301.03 of the Revised Code and the court determines | 1629 |
that a proceeding to modify the determination is pending in a | 1630 |
court of another state having jurisdiction to modify the | 1631 |
determination under sections 3127.15 to 3127.24 of the Revised | 1632 |
Code or a similar statute of another state, the enforcing court | 1633 |
shall immediately communicate with the modifying court. The | 1634 |
proceeding for enforcement shall continue unless the enforcing | 1635 |
court, after consultation with the modifying court, stays or | 1636 |
dismisses the proceeding. | 1637 |
(3) Whether any proceeding has been commenced that could | 1653 |
affect the current proceeding, including proceedings for | 1654 |
enforcement of parenting determinations, proceedings relating to | 1655 |
domestic violence or protective orders, proceedings to adjudicate | 1656 |
the child as an abused, neglected, or dependent child, proceedings | 1657 |
seeking termination of parental rights, and adoptions, and, if so, | 1658 |
the court, the case number, and the nature of the proceeding; | 1659 |
(C) Upon the filing of a petition, the court shall issue an | 1669 |
order directing the respondent to appear in person with or without | 1670 |
the child at a hearing and may enter any order necessary to ensure | 1671 |
the safety of the parties and the child. If possible, the hearing | 1672 |
must be held on the next judicial day after service of the order. | 1673 |
If holding the hearing on that date is impossible, the court shall | 1674 |
hold the hearing on the first judicial day possible. The court may | 1675 |
extend the date of the hearing at the request of the petitioner. | 1676 |
(D) An order issued under division (C) of this section shall | 1677 |
state the time and place of the hearing and advise the respondent | 1678 |
that at the hearing the court will order that the petitioner may | 1679 |
take immediate physical custody of the child and that the | 1680 |
respondent pay fees, costs, and expenses under section 3127.42 of | 1681 |
the Revised Code and may schedule a hearing to determine whether | 1682 |
further relief is appropriate, unless the respondent appears and | 1683 |
establishes either of the following: | 1684 |
(B) If the court, upon the testimony of the petitioner or | 1753 |
another witness, finds that the child is imminently likely to | 1754 |
suffer serious physical harm or be removed from this state, it may | 1755 |
issue a warrant to take physical custody of the child. If | 1756 |
possible, the court shall hear the petition on the next judicial | 1757 |
day after the warrant is executed. If it is impossible to hold a | 1758 |
hearing on that date, the court shall hold the hearing on the | 1759 |
first judicial day possible. The application for the warrant shall | 1760 |
include the statements required by division (B) of section 3127.38 | 1761 |
of the Revised Code. | 1762 |
(E) A warrant to take physical custody of a child is | 1774 |
enforceable throughout this state. If the court finds on the basis | 1775 |
of the testimony of the petitioner or another witness that a less | 1776 |
intrusive remedy is not effective, it may authorize law | 1777 |
enforcement officers to enter private property to take physical | 1778 |
custody of the child. If required by exigent circumstances of the | 1779 |
case, the court may authorize law enforcement officers to make a | 1780 |
forcible entry at any hour. | 1781 |
Sec. 3127.42. (A) A court shall award the prevailing party | 1785 |
in an action to enforce a parenting determination, including a | 1786 |
state, necessary and reasonable expenses incurred by or on behalf | 1787 |
of the party, including costs, communication expenses, attorney's | 1788 |
fees, investigative fees, expenses for witnesses, travel expenses, | 1789 |
and child care during the course of the proceedings, unless the | 1790 |
party from whom fees or expenses are sought establishes that the | 1791 |
award would be clearly inappropriate. | 1792 |
Sec. 3127.45. (A) In a case arising under this chapter or | 1810 |
involving the Hague Convention on the Civil Aspects in | 1811 |
International Child Abduction, the prosecutor may take any lawful | 1812 |
action, including resort to a proceeding under sections 3127.31 to | 1813 |
3127.47 of the Revised Code or any other available civil | 1814 |
proceeding, to locate a child, obtain the return of a child, or | 1815 |
enforce a parenting determination if there is any of the | 1816 |
following: | 1817 |
Section 2. That existing sections 2111.06, 2151.23, 2151.27, | 1856 |
2152.021, 3109.04, 3109.27, 3109.29, and 3109.37 and sections | 1857 |
Sec. 3109.21. , Sec. 3109.22. , Sec. 3109.23. , Sec. 3109.24. , Sec. 3109.25. , Sec. 3109.26. , Sec. 3109.28. , | 1858 |
Sec. 3109.30. , Sec. 3109.31. , Sec. 3109.32. , Sec. 3109.33. , Sec. 3109.34. , Sec. 3109.35. , and Sec. 3109.36. | 1859 |
of the Revised Code are hereby repealed. | 1860 |