Section 1. That sections 2111.06, 2151.23, 2151.27, 2151.353, | 25 |
2151.421, 2152.021, 3109.04, 3109.27, 3109.29, 3109.37, and | 26 |
5153.122 be amended, sections 3109.27 (3127.23), 3109.29 | 27 |
(3127.24), and 3109.37 (3127.06) be amended for the purpose of | 28 |
adopting new section numbers as indicated in parentheses, and | 29 |
sections 3127.01, 3127.02, 3127.03, 3127.04, 3127.05, 3127.07, | 30 |
3127.08, 3127.09, 3127.10, 3127.11, 3127.15, 3127.16, 3127.17, | 31 |
3127.18, 3127.19, 3127.20, 3127.21, 3127.22, 3127.31, 3127.32, | 32 |
3127.33, 3127.34, 3127.35, 3127.36, 3127.37, 3127.38, 3127.39, | 33 |
3127.40, 3127.41, 3127.42, 3127.43, 3127.44, 3127.45, 3127.46, | 34 |
3127.47, 3127.51, 3127.52, and 3127.53 of the Revised Code be | 35 |
enacted to read as follows: | 36 |
Sec. 2111.06. If the powers of the person appointed as | 37 |
guardian of a minor or incompetent are not limited by the order
of | 38 |
appointment, such person shall be guardian both of the person
and | 39 |
estate of the ward. In every instance the court shall
appoint the | 40 |
same person as guardian of the person and estate of
any such ward, | 41 |
unless in the opinion of the court the interests
of the ward will | 42 |
be promoted by the appointment of different
persons as guardians | 43 |
of the person and of the estate. | 44 |
A guardian of the person of a minor shall be appointed as
to | 45 |
a minor having neither father nor mother, or whose parents are | 46 |
unsuitable persons to have the custody and tuition of such minor, | 47 |
or whose interests, in the opinion of the court, will be promoted | 48 |
thereby. A guardian of the person shall have the custody and | 49 |
provide for the maintenance of the ward, and if the ward is a | 50 |
minor, such guardian shall also provide for the education of such | 51 |
ward. | 52 |
(1) Concerning any child who on or about the date
specified | 59 |
in the complaint, indictment, or information is alleged to have | 60 |
violated section 2151.87 of the Revised Code or an order issued | 61 |
under that section or to be a juvenile traffic
offender or a | 62 |
delinquent, unruly, abused, neglected, or
dependent child
and, | 63 |
based on and in relation to the allegation pertaining to the | 64 |
child,
concerning the parent, guardian, or other person having | 65 |
care
of a child who is alleged to be an unruly or delinquent child | 66 |
for being an
habitual or chronic
truant; | 67 |
(6) To hear and determine all criminal cases in which an | 81 |
adult is charged with a violation of division (C) of section | 82 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 83 |
division (B) of
section 2919.23, or section 2919.24 of the Revised | 84 |
Code, provided
the charge is not included in an indictment that | 85 |
also charges the
alleged adult offender with the commission of a | 86 |
felony arising
out of the same actions that are the basis of the | 87 |
alleged
violation of division (C) of section 2919.21, division | 88 |
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 89 |
section
2919.23, or section
2919.24 of the Revised Code; | 90 |
(11) Subject to divisions (G) and (V) of section 2301.03 of | 103 |
the
Revised Code, to hear
and determine a request for an order for | 104 |
the
support of any child if the request is not ancillary to an | 105 |
action
for divorce, dissolution of marriage, annulment, or legal | 106 |
separation, a criminal or civil action involving an allegation of | 107 |
domestic violence, or an action for support brought under Chapter | 108 |
3115. of the Revised Code; | 109 |
(C) The juvenile court, except as to juvenile courts that
are | 156 |
a separate division of the court of common pleas or a
separate
and | 157 |
independent juvenile court, has jurisdiction to
hear,
determine, | 158 |
and make a record of any action for divorce or
legal
separation | 159 |
that involves the custody or care of children
and that
is filed in | 160 |
the court of common pleas and certified by
the court
of common | 161 |
pleas with all the papers filed in the action
to the
juvenile | 162 |
court for trial, provided that no certification of
that
nature | 163 |
shall
be made to any juvenile court unless the consent of
the | 164 |
juvenile judge
first is obtained. After a certification of
that | 165 |
nature is made
and consent is
obtained, the juvenile court
shall | 166 |
proceed as if the action originally had
been begun in that
court, | 167 |
except as to awards for spousal support
or support due and
unpaid | 168 |
at the time of certification, over
which the juvenile court
has no | 169 |
jurisdiction. | 170 |
(G) Any
juvenile court that
makes or modifies an order for | 191 |
child support
shall comply with
Chapters 3119., 3121., 3123., and | 192 |
3125. of the Revised Code. If any person
required to pay
child | 193 |
support under an order made by a juvenile
court on or after
April | 194 |
15, 1985, or modified on or after December
1, 1986, is
found in | 195 |
contempt of court for failure to make support
payments
under the | 196 |
order, the court that makes the finding, in
addition to
any other | 197 |
penalty or remedy imposed, shall assess all
court costs
arising | 198 |
out of the contempt proceeding against the
person and
require the | 199 |
person to pay any reasonable attorney's
fees of any
adverse party, | 200 |
as determined by the court, that arose
in relation
to the act of | 201 |
contempt. | 202 |
(H) If a child who is charged with an act that would be an | 203 |
offense if committed by an adult was fourteen years of age or | 204 |
older and under
eighteen years of age at the time of the alleged | 205 |
act and if the case is
transferred for criminal prosecution | 206 |
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 207 |
court does not have jurisdiction to hear or
determine the case | 208 |
subsequent to the transfer. The court to which the
case is | 209 |
transferred for criminal prosecution pursuant to that
section has | 210 |
jurisdiction subsequent to the transfer to hear and
determine the | 211 |
case in the same manner as if the case originally
had been | 212 |
commenced in that court, including, but not limited to, | 213 |
jurisdiction to accept a plea of guilty or another plea
authorized | 214 |
by Criminal Rule 11 or another section
of the Revised Code and | 215 |
jurisdiction to accept a
verdict and to enter a judgment of | 216 |
conviction pursuant to the
Rules of Criminal Procedure against the | 217 |
child for the commission of the offense that was the basis of the | 218 |
transfer of the case for criminal prosecution, whether the | 219 |
conviction is for the same degree or a lesser degree of the | 220 |
offense charged, for the commission of a lesser-included offense, | 221 |
or for the commission of another offense that is different from | 222 |
the offense charged. | 223 |
(I) If a person under eighteen
years of age allegedly
commits | 224 |
an act that would be a felony if committed by
an adult and
if the | 225 |
person is not taken into custody or apprehended for that
act until | 226 |
after the person attains twenty-one years of age, the
juvenile | 227 |
court
does not have jurisdiction to hear or determine any
portion | 228 |
of the case
charging the person with committing that act.
In those | 229 |
circumstances,
divisions (A) and (B) of section 2152.12
of the | 230 |
Revised Code do not apply regarding the act, and the case
charging | 231 |
the person with committing the act shall be a criminal
prosecution | 232 |
commenced and heard in the appropriate court having
jurisdiction | 233 |
of the
offense as if the person had been eighteen
years of age or | 234 |
older when the
person committed the act. All
proceedings | 235 |
pertaining to the act shall be
within the jurisdiction
of the | 236 |
court having jurisdiction of the offense, and
that court
has all | 237 |
the authority and
duties
in the case that it has in other
criminal | 238 |
cases in
that court. | 239 |
Sec. 2151.27. (A)(1) Subject to division
(A)(2) of this | 240 |
section, any person having knowledge of a child
who appears to | 241 |
have violated section 2151.87 of the Revised Code or to be a | 242 |
juvenile
traffic offender or to be an unruly, abused,
neglected, | 243 |
or dependent child may
file a sworn complaint with
respect to that | 244 |
child in the juvenile
court of the county in which
the child has a | 245 |
residence or legal
settlement or in which the
violation, | 246 |
unruliness, abuse,
neglect, or dependency allegedly occurred. If | 247 |
an alleged abused,
neglected, or dependent child is taken into | 248 |
custody pursuant to
division (D) of section 2151.31 of the
Revised | 249 |
Code or is taken
into custody pursuant to division (A)
of section | 250 |
2151.31 of the
Revised Code without the filing of a
complaint and | 251 |
placed into
shelter care pursuant to division (C)
of that section, | 252 |
a sworn
complaint shall
be filed with respect to the child before | 253 |
the end
of the next
day after the day on which the child was taken | 254 |
into
custody. The sworn complaint may be upon information and | 255 |
belief,
and, in addition to the allegation that the child | 256 |
committed the
violation
or is an
unruly, abused, neglected, or | 257 |
dependent child, the complaint
shall allege the particular facts | 258 |
upon which the allegation that
the child committed the violation | 259 |
or is
an unruly,
abused, neglected, or dependent child is based. | 260 |
(B) If a child, before arriving at the age of eighteen
years, | 276 |
allegedly commits an act for which the child may be
adjudicated an | 277 |
unruly child and if the specific complaint alleging
the act is
not | 278 |
filed or a
hearing on that specific complaint is
not held
until | 279 |
after the
child arrives at the age of eighteen
years, the
court | 280 |
has
jurisdiction to hear and dispose of the
complaint as if
the | 281 |
complaint were filed and the hearing held
before the child
arrived | 282 |
at the age of eighteen years. | 283 |
(C) If the complainant in a case in which a child is
alleged | 284 |
to be an abused, neglected, or dependent child desires
permanent | 285 |
custody of the child or children, temporary custody of
the child | 286 |
or children, whether as the preferred or an alternative | 287 |
disposition, or the placement of the child in a planned permanent | 288 |
living
arrangement, the complaint shall contain a prayer | 289 |
specifically
requesting permanent custody, temporary custody, or | 290 |
the placement
of the child in a planned permanent living | 291 |
arrangement. | 292 |
(F) Upon the filing of a complaint alleging that a child is | 303 |
an
unruly child, the court may hold the complaint in abeyance | 304 |
pending
the child's
successful
completion of actions that | 305 |
constitute a
method to divert the child from the
juvenile court | 306 |
system. The
method may be adopted by a county pursuant to | 307 |
divisions (D) and
(E) of section
121.37 of the Revised Code or it | 308 |
may be another
method that
the court
considers satisfactory. If | 309 |
the child
completes the actions to the court's
satisfaction, the | 310 |
court may
dismiss the complaint. If the child fails to complete | 311 |
the actions
to
the court's satisfaction, the court may consider | 312 |
the complaint. | 313 |
(4) Commit the child to the permanent custody of a public | 326 |
children services agency or private child placing agency, if the | 327 |
court determines in accordance with division (E) of section | 328 |
2151.414 of the Revised Code that the child cannot be placed with | 329 |
one of the child's parents within a reasonable time or should not | 330 |
be
placed with either parent and determines in accordance with | 331 |
division (D) of section 2151.414 of the Revised Code that the | 332 |
permanent commitment is in the best interest of the child. If
the | 333 |
court grants permanent custody under this division, the
court, | 334 |
upon the request of any party, shall file a written
opinion | 335 |
setting forth its findings of fact and conclusions of law
in | 336 |
relation to the proceeding. | 337 |
(6) Order the removal from the child's
home until further | 360 |
order of the court of the person who committed
abuse as described | 361 |
in section 2151.031 of the Revised
Code against the child, who | 362 |
caused or allowed the child
to suffer neglect as described in | 363 |
section 2151.03 of the
Revised Code, or who is the parent, | 364 |
guardian,
or custodian of a child who is adjudicated a dependent | 365 |
child and
order any person not to have contact with the child or | 366 |
the
child's siblings. | 367 |
(B) No order for permanent custody or temporary custody of
a | 368 |
child or the placement of a child in a
planned permanent living | 369 |
arrangement
shall be made pursuant to this section unless the | 370 |
complaint
alleging the abuse, neglect, or dependency contains a | 371 |
prayer
requesting permanent custody, temporary custody, or the | 372 |
placement
of the child in a planned permanent living
arrangement | 373 |
as desired, the summons
served on the parents of the child | 374 |
contains as is appropriate a
full explanation that the granting of | 375 |
an order for permanent
custody permanently divests them of their | 376 |
parental rights, a full
explanation that an adjudication that the | 377 |
child is an abused,
neglected, or dependent child may result in an | 378 |
order of temporary
custody that will cause the removal of the | 379 |
child from their legal
custody until the court terminates the | 380 |
order of temporary custody
or permanently divests the parents of | 381 |
their parental rights, or a
full explanation that the granting of | 382 |
an order for a planned permanent living
arrangement
will result in | 383 |
the removal of the child from their
legal custody if any of the | 384 |
conditions listed in divisions
(A)(5)(a) to (c) of this section | 385 |
are found to exist, and the
summons served on the parents contains | 386 |
a full explanation of
their right to be represented by counsel and | 387 |
to have counsel
appointed pursuant to Chapter 120. of the Revised | 388 |
Code if they
are indigent. | 389 |
(E)(1) The court shall retain jurisdiction over any child
for | 413 |
whom the court issues an order of disposition pursuant to
division | 414 |
(A) of this section or pursuant to section 2151.414 or
2151.415 of | 415 |
the Revised Code until the child attains the age of
eighteen years | 416 |
if the child is not mentally
retarded, developmentally disabled, | 417 |
or physically impaired,
the child attains the age of twenty-one | 418 |
years if the child is mentally
retarded, developmentally disabled, | 419 |
or
physically impaired, or the child is adopted and a final
decree | 420 |
of adoption is issued, except that the court may retain | 421 |
jurisdiction over the child and continue any order of disposition | 422 |
under division (A) of this section or under section 2151.414 or | 423 |
2151.415 of the Revised Code for a specified period of time to | 424 |
enable the child to graduate from high school or vocational | 425 |
school. The court shall make an entry continuing its
jurisdiction | 426 |
under this division in the journal. | 427 |
(2) Any public children services agency, any private child | 428 |
placing agency, the department of job and family
services, or any | 429 |
party,
other than any parent whose parental rights with respect to | 430 |
the
child have been terminated pursuant to an order issued under | 431 |
division (A)(4) of this section, by filing a motion with the | 432 |
court, may at any time request the court to modify or terminate | 433 |
any order of disposition issued pursuant to division (A) of this | 434 |
section or section 2151.414 or 2151.415 of the Revised Code. The | 435 |
court shall hold a hearing upon the motion as if the hearing were | 436 |
the original dispositional hearing and shall give all parties to | 437 |
the action and the guardian ad litem notice of the hearing | 438 |
pursuant to the Juvenile Rules. If applicable, the court shall | 439 |
comply with
section 2151.42 of the Revised Code. | 440 |
(G)(1) No later than one year after the earlier of the date | 448 |
the
complaint in the case was filed or the child was first placed | 449 |
in shelter care,
a party may ask the court to extend an order for | 450 |
protective supervision for
six months or to terminate the order. A | 451 |
party requesting extension or
termination of the order shall file | 452 |
a written request for the extension or
termination with the court | 453 |
and give notice of the proposed extension or
termination in | 454 |
writing before the end of the day after the day of filing it to | 455 |
all parties and the child's guardian ad litem. If a public | 456 |
children services
agency or private child placing agency requests | 457 |
termination of the order, the
agency shall file a written status | 458 |
report setting out the facts supporting
termination of the order | 459 |
at the time it files the request with the court. If
no party | 460 |
requests extension or termination of the order, the court shall | 461 |
notify the parties that the court will extend the order for six | 462 |
months or
terminate it and that it may do so without a hearing | 463 |
unless one of the parties
requests a hearing. All parties and the | 464 |
guardian ad litem shall have seven
days from the date a notice is | 465 |
sent pursuant to this division to object to and
request a hearing | 466 |
on the proposed extension or termination. | 467 |
(a) If it receives a timely request for a hearing, the court | 468 |
shall schedule a hearing to be held no later than thirty days | 469 |
after the
request is received by the court. The court shall give | 470 |
notice of the date,
time, and location of the hearing to all | 471 |
parties and the guardian ad litem.
At the hearing, the court shall | 472 |
determine whether extension or termination of
the order is in the | 473 |
child's best interest. If termination is in the child's
best | 474 |
interest, the court shall terminate the order. If extension is in | 475 |
the
child's best interest, the court shall extend the order for | 476 |
six months. | 477 |
(b) If it does not receive a timely request for a hearing, | 478 |
the
court may extend the order for six months or terminate it | 479 |
without a hearing
and shall journalize the order of extension or | 480 |
termination not later than
fourteen days after receiving the | 481 |
request for extension or termination or
after the date the court | 482 |
notifies the parties that it will extend or terminate
the order. | 483 |
If the court does not extend or terminate the order, it shall | 484 |
schedule a hearing to be held no later than thirty days after the | 485 |
expiration
of the applicable fourteen-day time period and give | 486 |
notice of the date, time,
and location of the hearing to all | 487 |
parties and the child's guardian ad litem.
At the hearing, the | 488 |
court shall determine whether extension or termination of
the | 489 |
order is in the child's best interest. If termination is in the | 490 |
child's
best interest, the court shall terminate the order. If | 491 |
extension is in the
child's best interest, the court shall issue | 492 |
an order extending the order for
protective supervision six | 493 |
months. | 494 |
Sec. 2151.421. (A)(1)(a) No person described in division | 536 |
(A)(1)(b) of this section who is acting in an
official or | 537 |
professional capacity and knows or suspects that a child under | 538 |
eighteen years of age or a mentally
retarded, developmentally | 539 |
disabled, or physically impaired child under
twenty-one years of | 540 |
age has suffered or faces a
threat of suffering any physical or | 541 |
mental wound, injury,
disability, or condition of a nature that | 542 |
reasonably indicates
abuse or neglect of the child, shall fail to | 543 |
immediately report
that knowledge or suspicion
to the entity or | 544 |
persons specified in this division. Except as provided in section | 545 |
5120.173 of the Revised Code, the person making the report shall | 546 |
make it to the public
children services agency or a municipal or | 547 |
county peace officer in
the county in which the child resides or | 548 |
in which the abuse or
neglect is occurring or has occurred.
In the | 549 |
circumstances described in section 5120.173 of the Revised Code, | 550 |
the person making the report shall make it to the entity specified | 551 |
in that section. | 552 |
(b) Division (A)(1)(a)
of this section applies to any person | 553 |
who is an attorney;
physician, including a hospital intern or | 554 |
resident; dentist;
podiatrist; practitioner of a limited branch of | 555 |
medicine
as specified in section 4731.15 of the Revised
Code; | 556 |
registered nurse;
licensed practical nurse; visiting nurse; other | 557 |
health care
professional; licensed psychologist; licensed school | 558 |
psychologist; independent marriage and family therapist or | 559 |
marriage and family therapist; speech pathologist or audiologist; | 560 |
coroner;
administrator or employee of a child day-care center; | 561 |
administrator or
employee of a residential camp or child day camp; | 562 |
administrator or employee of a certified child care agency or | 563 |
other public or private children services agency; school
teacher; | 564 |
school employee; school authority; person engaged in
social work | 565 |
or the practice of professional counseling; agent of a county | 566 |
humane society;
person rendering
spiritual treatment through | 567 |
prayer in
accordance with the tenets
of a well-recognized | 568 |
religion; superintendent, board member, or employee of a county | 569 |
board of mental retardation; investigative agent contracted with | 570 |
by a county board of mental retardation; or employee of the | 571 |
department of mental retardation and developmental disabilities. | 572 |
(2) An attorney or a physician is not required to make a | 573 |
report
pursuant
to division (A)(1) of this section concerning any | 574 |
communication
the attorney or physician
receives from a
client or | 575 |
patient in an attorney-client or physician-patient
relationship, | 576 |
if, in accordance with division (A) or (B)
of section
2317.02 of | 577 |
the Revised Code, the attorney or physician could not
testify with | 578 |
respect to that communication in a civil or criminal proceeding, | 579 |
except that the client or patient is deemed to have waived any | 580 |
testimonial
privilege under division (A) or (B) of section 2317.02 | 581 |
of the
Revised
Code with respect to that communication and the | 582 |
attorney or physician
shall
make a report pursuant to division | 583 |
(A)(1) of this section with
respect to that communication, if all | 584 |
of the following apply: | 585 |
(B)
Anyone,
who knows or suspects that a child under
eighteen | 600 |
years of age or
a mentally
retarded, developmentally disabled, or | 601 |
physically
impaired person
under twenty-one years of age has | 602 |
suffered or
faces a
threat of suffering any physical or mental | 603 |
wound, injury,
disability, or other condition of a nature that | 604 |
reasonably
indicates abuse or neglect of the child may report or | 605 |
cause
reports to be made of that knowledge or suspicion
to the | 606 |
entity or persons specified in this division. Except as provided | 607 |
in section 5120.173 of the Revised Code, a person making a report | 608 |
or causing a report to be made under this division shall make it | 609 |
or cause it to be made to the public
children services agency or | 610 |
to a municipal
or
county peace
officer.
In the circumstances | 611 |
described in section 5120.173 of the Revised Code, a person making | 612 |
a report or causing a report to be made under this division shall | 613 |
make it or cause it to be made to the entity specified in that | 614 |
section. | 615 |
(E) No township, municipal, or county peace officer shall | 646 |
remove a child
about whom a report is made pursuant to this | 647 |
section from the child's parents,
stepparents, or guardian or any | 648 |
other persons having custody of the child
without consultation | 649 |
with the
public children services agency, unless,
in
the judgment | 650 |
of the officer, and, if the
report was made by physician, the | 651 |
physician,
immediate removal is considered essential to protect | 652 |
the child
from further abuse or neglect.
The agency that
must be | 653 |
consulted shall be the agency conducting the
investigation of the | 654 |
report as determined pursuant to section
2151.422 of the Revised | 655 |
Code. | 656 |
(F)(1) Except as
provided in section 2151.422 of the Revised | 657 |
Code, the public
children
services agency shall investigate, | 658 |
within twenty-four
hours, each
report of known or suspected child | 659 |
abuse or child neglect and of
a known or suspected threat of child | 660 |
abuse or child neglect that
is referred to it under this section | 661 |
to determine the
circumstances surrounding the injuries, abuse, or | 662 |
neglect or the
threat of injury, abuse, or neglect, the cause of | 663 |
the injuries,
abuse, neglect, or threat, and the person or persons | 664 |
responsible.
The investigation shall be made in cooperation with | 665 |
the law
enforcement agency and in accordance with the memorandum | 666 |
of understanding
prepared under
division (J) of this section. AA | 667 |
representative of the public children services agency shall, at | 668 |
the time of initial contact with the person subject to the | 669 |
investigation, inform the person of the specific complaints or | 670 |
allegations made against the person. The information shall be | 671 |
given in a manner that is consistent with division (H)(1) of this | 672 |
section and protects the rights of the person making the report | 673 |
under this section. | 674 |
A
failure to make the investigation in accordance with the | 675 |
memorandum is
not grounds for, and shall not result in,
the | 676 |
dismissal of any charges or complaint arising from the report or | 677 |
the suppression of any evidence obtained as a result of the
report | 678 |
and does not give, and shall not be construed as giving,
any | 679 |
rights or any grounds for appeal or post-conviction relief to
any | 680 |
person. The public
children
services agency shall report each
case | 681 |
to a central
registry which
the department of job and family | 682 |
services
shall maintain in order to
determine whether prior | 683 |
reports have been made in other counties
concerning the child or | 684 |
other principals in the case. The
public children services agency | 685 |
shall submit a report of its
investigation,
in writing, to the law | 686 |
enforcement agency. | 687 |
(G)(1)(a) Except as provided in division (H)(3) of this | 692 |
section, anyone or any hospital, institution, school, health | 693 |
department, or agency participating in the making of reports
under | 694 |
division (A) of this section, anyone or any hospital,
institution, | 695 |
school, health department, or agency participating
in good faith | 696 |
in the making of reports under division (B) of this
section, and | 697 |
anyone participating in good faith in a judicial
proceeding | 698 |
resulting from the reports, shall be immune from any
civil or | 699 |
criminal liability for injury, death, or loss to person
or | 700 |
property that otherwise might be incurred or imposed as a
result | 701 |
of the making of the reports or the participation in the
judicial | 702 |
proceeding. | 703 |
(2) In any civil or criminal action or proceeding in which
it | 710 |
is alleged and proved that participation in the making of a
report | 711 |
under this section was not in good faith or participation
in a | 712 |
judicial proceeding resulting from a report made under this | 713 |
section was not in good faith, the court shall award the | 714 |
prevailing party reasonable attorney's fees and costs and, if a | 715 |
civil action or proceeding is voluntarily dismissed, may award | 716 |
reasonable attorney's fees and costs to the party against whom
the | 717 |
civil action or proceeding is brought. | 718 |
(H)(1) Except as provided in divisions (H)(4) and
(M)
of this | 719 |
section, a report made under this section is confidential.
The | 720 |
information provided in a report made pursuant to this
section
and | 721 |
the name of the person who made the report shall not
be
released | 722 |
for use, and shall not be used, as evidence in any
civil
action or | 723 |
proceeding brought against the person who made
the
report. In a | 724 |
criminal proceeding, the report is admissible
in
evidence in | 725 |
accordance with the Rules of Evidence and is
subject
to discovery | 726 |
in accordance with the Rules of Criminal
Procedure. | 727 |
(4) If a report is made pursuant to division (A) or
(B) of | 736 |
this section and the child who is the subject of the report
dies | 737 |
for any reason at any time after the report is made, but before | 738 |
the child
attains eighteen years of age, the public
children | 739 |
services agency or municipal or county peace officer to which the | 740 |
report was made or referred, on the request of the child fatality | 741 |
review
board,
shall submit a summary sheet of information | 742 |
providing a summary of the
report to the review board of the | 743 |
county in which the deceased
child resided at the time of death. | 744 |
On the request of the review
board, the agency or peace officer | 745 |
may, at its discretion, make
the report available to the review | 746 |
board. | 747 |
(I) Any report that is required by this section, other than
a | 755 |
report that is made to the state highway patrol as described in | 756 |
section 5120.173 of the Revised Code, shall
result
in protective | 757 |
services and emergency supportive services
being
made available by | 758 |
the public children services
agency on behalf of
the children | 759 |
about whom
the report is made, in an effort to
prevent further | 760 |
neglect or
abuse, to enhance their welfare, and,
whenever | 761 |
possible, to
preserve the family unit intact.
The agency
required | 762 |
to provide the services shall be the agency conducting
the | 763 |
investigation of the report pursuant to section 2151.422 of
the | 764 |
Revised
Code. | 765 |
(2) A memorandum of understanding shall set forth the normal | 786 |
operating procedure to be employed by
all concerned officials in | 787 |
the execution of their respective
responsibilities under this | 788 |
section and division (C) of section
2919.21, division (B)(1) of | 789 |
section 2919.22, division (B) of
section 2919.23, and section | 790 |
2919.24 of the Revised Code and
shall have as two of its primary | 791 |
goals the elimination of all
unnecessary interviews of children | 792 |
who are the subject of reports
made pursuant to division (A) or | 793 |
(B) of this section and, when
feasible, providing for only one | 794 |
interview of a child who is the
subject of any report made | 795 |
pursuant to division (A) or (B) of
this section. A failure to | 796 |
follow the procedure set forth in the
memorandum by
the concerned | 797 |
officials is not grounds for, and shall not result in, the | 798 |
dismissal of any charges or complaint arising from any reported | 799 |
case of abuse or neglect or the suppression of any evidence | 800 |
obtained as a result of any reported child abuse or child neglect | 801 |
and does not give, and shall not be construed as giving, any | 802 |
rights or any grounds for appeal or post-conviction relief to any | 803 |
person. | 804 |
When a municipal or county peace officer or employee of a | 837 |
public children services
agency
receives a report pursuant to | 838 |
division (A) or
(B) of this section the recipient of the report | 839 |
shall inform the person of the
right to request the
information | 840 |
described in division (K)(1) of this section. The recipient of
the | 841 |
report shall include in the initial child abuse or child
neglect | 842 |
report that the person making the report was so informed
and, if | 843 |
provided at the time of the making of the report, shall
include | 844 |
the person's name, address, and telephone number in the
report. | 845 |
(a) "Out-of-home care" includes a nonchartered nonpublic | 871 |
school if the alleged child abuse or child neglect, or alleged | 872 |
threat of child abuse or child neglect, described in a report | 873 |
received by a public children services agency allegedly occurred | 874 |
in or involved the nonchartered nonpublic school and the alleged | 875 |
perpetrator named in the report holds a certificate, permit, or | 876 |
license issued by the state board of education under section | 877 |
3301.071 or Chapter 3319. of the Revised Code. | 878 |
(2) No later than the end of the day
following the day on | 883 |
which a public children services agency
receives a report of | 884 |
alleged child abuse or child
neglect, or a report of an alleged | 885 |
threat of child abuse or child
neglect, that allegedly occurred in | 886 |
or involved an out-of-home
care entity, the agency shall provide | 887 |
written notice
of the allegations contained in and the person | 888 |
named as the alleged
perpetrator in the report to the | 889 |
administrator, director, or other chief
administrative officer of | 890 |
the out-of-home care entity that is the
subject of the report | 891 |
unless the administrator, director, or
other chief administrative | 892 |
officer is named as an alleged
perpetrator in the report. If the | 893 |
administrator, director, or
other chief administrative officer of | 894 |
an out-of-home care entity
is named as an alleged perpetrator in a | 895 |
report of alleged child
abuse or child neglect, or a report of an | 896 |
alleged threat of child
abuse or child neglect, that allegedly | 897 |
occurred in or involved
the out-of-home care entity, the agency | 898 |
shall provide the written notice
to
the owner or governing board | 899 |
of the out-of-home care entity that
is the subject of the report. | 900 |
The agency
shall not provide
witness statements or police or other | 901 |
investigative reports. | 902 |
(3) No later than three days after the day on
which a public | 903 |
children services agency that
conducted the investigation as | 904 |
determined pursuant to section 2151.422
of the Revised Code makes | 905 |
a
disposition of an investigation involving a report of alleged | 906 |
child abuse or child neglect, or a report of an alleged threat of | 907 |
child abuse or child neglect, that allegedly occurred in or | 908 |
involved an out-of-home care entity, the
agency
shall send written | 909 |
notice of the disposition of the
investigation to the | 910 |
administrator, director, or other chief
administrative officer and | 911 |
the owner or governing board of the
out-of-home care entity. The | 912 |
agency shall
not provide witness
statements or police or other | 913 |
investigative reports. | 914 |
Sec. 2152.021. (A)(1) Subject to division (A)(2) of
this | 915 |
section, any person having knowledge of a child who
appears to be | 916 |
a juvenile traffic offender or to be a delinquent
child may file a | 917 |
sworn complaint with respect to that child in the juvenile
court | 918 |
of the county in which the child has a residence or legal | 919 |
settlement or
in which the traffic offense or delinquent act | 920 |
allegedly occurred. The sworn
complaint may be upon information | 921 |
and belief, and, in addition to
the allegation that the child is a | 922 |
delinquent child or a juvenile
traffic offender, the complaint | 923 |
shall allege the particular facts
upon which the allegation that | 924 |
the child is a delinquent child or
a juvenile traffic offender is | 925 |
based. | 926 |
If a child appears to be a delinquent child who is eligible | 927 |
for a
serious youthful offender dispositional sentence under | 928 |
section 2152.11
of the Revised Code and if the prosecuting | 929 |
attorney
desires to
seek a serious youthful offender dispositional | 930 |
sentence under section 2152.13
of the
Revised Code in regard to | 931 |
the
child, the prosecuting attorney of the county in
which the | 932 |
alleged
delinquency occurs may initiate a case in the juvenile | 933 |
court of
the county by presenting the case to a grand jury for | 934 |
indictment,
by charging the child
in a bill of information as a | 935 |
serious youthful offender
pursuant to section 2152.13 of the | 936 |
Revised
Code, by requesting a serious
youthful offender | 937 |
dispositional sentence in the original complaint alleging
that the | 938 |
child is a
delinquent child, or by filing with the juvenile court | 939 |
a written notice of
intent to seek a serious
youthful offender | 940 |
dispositional sentence. | 941 |
(2) Any person having knowledge of a child who appears to be | 942 |
a
delinquent child for being an habitual or chronic truant may | 943 |
file a sworn
complaint with respect to
that child and the parent, | 944 |
guardian, or other person having care
of the child in the juvenile | 945 |
court of the county in which the
child has a residence or legal | 946 |
settlement or in which the child is
supposed to attend public | 947 |
school. The sworn complaint may be upon
information and belief and | 948 |
shall contain the following
allegations: | 949 |
(C) Within ten days after the filing of a complaint or the | 964 |
issuance of an indictment, the court
shall give written notice of | 965 |
the filing of the complaint or the issuance of an
indictment and | 966 |
of the substance of the complaint or indictment to the | 967 |
superintendent of a city,
local, exempted village, or joint | 968 |
vocational school district if
the complaint or indictment alleges | 969 |
that a child committed an act that would
be
a criminal offense if | 970 |
committed by an adult, that the child was
sixteen years of age or | 971 |
older at the time of the commission of the
alleged act, and that | 972 |
the alleged act is any of the following: | 973 |
(4) A violation of section 2903.01, 2903.02, 2903.03, | 988 |
2903.04,
2903.11, 2903.12, 2907.02, or 2907.05 of the Revised | 989 |
Code,
or a
violation of former section 2907.12 of the Revised | 990 |
Code,
that was
committed on property owned or controlled by, or at | 991 |
an activity held under the auspices of, the board of education of | 992 |
that school
district, if the victim at the time of the commission | 993 |
of the
alleged act was an employee of the board of education of | 994 |
that
school district; | 995 |
(5) Complicity in any violation described in division
(C)(1), | 996 |
(2), (3), or (4) of this section that was alleged to have
been | 997 |
committed
in the manner described in division (C)(1), (2),
(3), or | 998 |
(4) of this section, regardless of whether the act of
complicity | 999 |
was committed
on property
owned or controlled by, or at
an | 1000 |
activity held under the auspices of, the
board of education
of | 1001 |
that school district. | 1002 |
Sec. 3109.04. (A) In any divorce, legal separation, or | 1014 |
annulment proceeding and in any proceeding pertaining to the | 1015 |
allocation of parental rights and responsibilities for the care
of | 1016 |
a child, upon hearing the testimony of either or both parents
and | 1017 |
considering any mediation report filed pursuant to section | 1018 |
3109.052 of the Revised Code and in accordance with sections | 1019 |
3109.21 to 3109.363127.01 to 3127.53 of the Revised Code, the | 1020 |
court shall allocate
the parental rights and responsibilities for | 1021 |
the care of the
minor
children of the marriage. Subject to | 1022 |
division (D)(2) of
this
section, the court may allocate the | 1023 |
parental rights and
responsibilities for the care of the children | 1024 |
in either of the
following ways: | 1025 |
(1) If neither parent files a pleading or motion in | 1026 |
accordance with division (G) of this section, if at least one | 1027 |
parent files a pleading or motion under that division but no | 1028 |
parent who filed a pleading or motion under that division also | 1029 |
files a plan for shared parenting, or if at least one parent
files | 1030 |
both a pleading or motion and a shared parenting plan under
that | 1031 |
division but no plan for shared parenting is in the best
interest | 1032 |
of the children, the court, in a manner consistent with
the best | 1033 |
interest of the children, shall allocate the parental
rights and | 1034 |
responsibilities for the care of the children
primarily to one of | 1035 |
the parents, designate that parent as the
residential parent and | 1036 |
the legal custodian of the child, and
divide between the parents | 1037 |
the other rights and responsibilities
for the care of the | 1038 |
children, including, but not limited to, the
responsibility to | 1039 |
provide support for the children and the right
of the parent who | 1040 |
is not the residential parent to have
continuing contact with the | 1041 |
children. | 1042 |
(2) If at least one parent files a pleading or motion in | 1043 |
accordance with division (G) of this section and a plan for
shared | 1044 |
parenting pursuant to that division and if a plan for
shared | 1045 |
parenting is in the best interest of the children and is
approved | 1046 |
by the court in accordance with division (D)(1) of this
section, | 1047 |
the court may allocate the parental rights and
responsibilities | 1048 |
for the care of the children to both parents and
issue a shared | 1049 |
parenting order requiring the parents to share all
or some of the | 1050 |
aspects of the physical and legal care of the
children in | 1051 |
accordance with the approved plan for shared
parenting. If the | 1052 |
court issues a shared parenting order under
this division and it | 1053 |
is necessary for the purpose of receiving
public assistance, the | 1054 |
court shall designate which one of the
parents' residences is to | 1055 |
serve as the child's home. The child
support obligations of the | 1056 |
parents under a shared parenting order
issued under this division | 1057 |
shall be determined in accordance with
Chapters 3119., 3121., | 1058 |
3123.,
and 3125. of the Revised Code. | 1059 |
(B)(1) When making the allocation of the parental rights
and | 1060 |
responsibilities for the care of the children under this
section | 1061 |
in an original proceeding or in any proceeding for
modification of | 1062 |
a prior order of the court making the allocation,
the court shall | 1063 |
take into account that which would be in the best
interest of the | 1064 |
children. In determining the child's best
interest for purposes
of | 1065 |
making its allocation of the parental
rights and
responsibilities | 1066 |
for the care of the child and for
purposes of
resolving any issues | 1067 |
related to the making of that
allocation, the
court, in its | 1068 |
discretion, may and, upon the
request of either
party, shall | 1069 |
interview in chambers any or all
of the involved
children | 1070 |
regarding their wishes and concerns with
respect to the | 1071 |
allocation. | 1072 |
(b) The court first shall determine the reasoning ability
of | 1077 |
the child. If the court determines that the child does not
have | 1078 |
sufficient reasoning ability to express the child's
wishes and | 1079 |
concern with respect to the allocation of parental rights and | 1080 |
responsibilities for the care of the child, it shall not
determine | 1081 |
the child's wishes and concerns with respect to the
allocation.
If | 1082 |
the court determines that the child has
sufficient reasoning | 1083 |
ability to express the child's wishes
or concerns
with respect to | 1084 |
the allocation, it then shall determine whether,
because of | 1085 |
special circumstances, it would not be in the best
interest of the | 1086 |
child to determine the child's wishes and
concerns with respect to | 1087 |
the allocation. If the court determines
that, because of special | 1088 |
circumstances, it would not be in the
best interest of the child | 1089 |
to determine the child's wishes and
concerns with respect to the | 1090 |
allocation, it shall not determine
the child's wishes and concerns | 1091 |
with respect to the allocation
and shall enter its written | 1092 |
findings of fact and opinion in the
journal. If the court | 1093 |
determines that it would be in the best
interests of the child to | 1094 |
determine the child's wishes and
concerns with respect to the | 1095 |
allocation, it shall proceed to make
that determination. | 1096 |
(3) No person shall obtain or attempt to obtain from a
child | 1102 |
a written or recorded statement or affidavit setting forth
the | 1103 |
child's wishes and concerns regarding the allocation of
parental | 1104 |
rights and responsibilities concerning the child. No
court, in | 1105 |
determining the child's best interest for purposes of
making its | 1106 |
allocation of the parental rights and responsibilities
for the | 1107 |
care of the child or for purposes of resolving any issues
related | 1108 |
to the making of that allocation, shall accept or
consider a | 1109 |
written or recorded statement or affidavit that
purports to set | 1110 |
forth the child's wishes and concerns regarding
those matters. | 1111 |
(C) Prior to trial, the court may cause an investigation
to | 1112 |
be made as to the character, family relations, past conduct, | 1113 |
earning ability, and financial worth of each parent and may order | 1114 |
the parents and their minor children to submit to medical, | 1115 |
psychological, and psychiatric examinations. The report of the | 1116 |
investigation and examinations shall be made available to either | 1117 |
parent or the parent's counsel of record not less than five
days | 1118 |
before
trial, upon written request. The report shall be signed by | 1119 |
the
investigator, and the investigator shall be subject to | 1120 |
cross-examination by either parent concerning the contents of the | 1121 |
report. The court may tax as costs all or any part of the
expenses | 1122 |
for each investigation. | 1123 |
If the court determines that either parent previously has | 1124 |
been convicted of or pleaded guilty to any criminal offense | 1125 |
involving any act that resulted in a child being a neglected | 1126 |
child, that either parent previously has been determined to be
the | 1127 |
perpetrator of the neglectful act that is the basis of an | 1128 |
adjudication that a child is a neglected child, or that there is | 1129 |
reason to believe that either parent has acted in a manner | 1130 |
resulting in a child being a neglected child, the court shall | 1131 |
consider that fact against naming that parent the residential | 1132 |
parent and against granting a shared parenting decree. When the | 1133 |
court allocates parental rights and responsibilities for the care | 1134 |
of children or determines whether to grant shared parenting in
any | 1135 |
proceeding, it shall consider whether either parent has been | 1136 |
convicted of or pleaded guilty to a violation of section 2919.25 | 1137 |
of the Revised Code involving a victim who at the time of the | 1138 |
commission of the offense was a member of the family or household | 1139 |
that is the subject of the proceeding, has been convicted of or | 1140 |
pleaded guilty to any other offense involving a victim who at the | 1141 |
time of the commission of the offense was a member of the family | 1142 |
or household that is the subject of the proceeding and caused | 1143 |
physical harm to the victim in the commission of the offense, or | 1144 |
has been determined to be the perpetrator of the abusive act that | 1145 |
is the basis of an adjudication that a child is an abused child. | 1146 |
If the court determines that either parent has been convicted of | 1147 |
or pleaded guilty to a violation of section 2919.25 of the
Revised | 1148 |
Code involving a victim who at the time of the commission
of the | 1149 |
offense was a member of the family or household that is
the | 1150 |
subject of the proceeding, has been convicted of or pleaded
guilty | 1151 |
to any other offense involving a victim who at the time of
the | 1152 |
commission of the offense was a member of the family or
household | 1153 |
that is the subject of the proceeding and caused
physical harm to | 1154 |
the victim in the commission of the offense, or
has been | 1155 |
determined to be the perpetrator of the abusive act that
is the | 1156 |
basis of an adjudication that a child is an abused child,
it may | 1157 |
designate that parent as the residential parent and may
issue a | 1158 |
shared parenting decree or order only if it determines
that it is | 1159 |
in the best interest of the child to name that parent
the | 1160 |
residential parent or to issue a shared parenting decree or
order | 1161 |
and it makes specific written findings of fact to support
its | 1162 |
determination. | 1163 |
(i) If both parents jointly make the request in their | 1170 |
pleadings or jointly file the motion and also jointly file the | 1171 |
plan, the court shall review the parents' plan to determine if it | 1172 |
is in the best interest of the children. If the court determines | 1173 |
that the plan is in the best interest of the children, the court | 1174 |
shall approve it. If the court determines that the plan or any | 1175 |
part of the plan is not in the best interest of the children, the | 1176 |
court shall require the parents to make appropriate changes to
the | 1177 |
plan to meet the court's objections to it. If changes to the
plan | 1178 |
are made to meet the court's objections, and if the new plan
is in | 1179 |
the best interest of the children, the court shall approve
the | 1180 |
plan. If changes to the plan are not made to meet the
court's | 1181 |
objections, or if the parents attempt to make changes to
the plan | 1182 |
to meet the court's objections, but the court determines
that the | 1183 |
new plan or any part of the new plan still is not in the
best | 1184 |
interest of the children, the court may reject the portion
of the | 1185 |
parents' pleadings or deny their motion requesting shared | 1186 |
parenting of the children and proceed as if the request in the | 1187 |
pleadings or the motion had not been made. The court shall not | 1188 |
approve a plan under this division unless it determines that the | 1189 |
plan is in the best interest of the children. | 1190 |
(ii) If each parent makes a request in the parent's
pleadings | 1191 |
or
files a motion and each also files a separate plan,
the
court | 1192 |
shall review each plan filed to determine if either is
in
the best | 1193 |
interest of the children. If the court determines
that
one of the | 1194 |
filed plans is in the best interest of the
children,
the court may | 1195 |
approve the plan. If the court determines
that
neither filed plan | 1196 |
is in the best interest of the children,
the
court may order each | 1197 |
parent to submit appropriate changes to
the parent's plan or both | 1198 |
of the filed plans to meet the court's
objections, or may select | 1199 |
one of the filed plans and order each
parent to submit appropriate | 1200 |
changes to the selected plan to meet
the court's objections. If | 1201 |
changes to the plan or plans are
submitted to meet the court's | 1202 |
objections, and if any of the filed
plans with the changes is in | 1203 |
the best interest of the children,
the court may approve the plan | 1204 |
with the changes. If changes to
the plan or plans are not | 1205 |
submitted to meet the court's
objections, or if the parents submit | 1206 |
changes to the plan or plans
to meet the court's objections but | 1207 |
the court determines that none
of the filed plans with the | 1208 |
submitted changes is in the best
interest of the children, the | 1209 |
court may reject the portion of the
parents' pleadings or deny | 1210 |
their motions requesting shared
parenting of the children and | 1211 |
proceed as if the requests in the
pleadings or the motions had not | 1212 |
been made. If the court
approves
a plan under this division, | 1213 |
either as originally filed
or with
submitted changes, or if the | 1214 |
court rejects the portion of
the
parents' pleadings or denies | 1215 |
their motions requesting shared
parenting under this division and | 1216 |
proceeds as if the requests in
the pleadings or the motions had | 1217 |
not been made, the court shall
enter in the record of the case | 1218 |
findings of fact and conclusions
of law as to the reasons for the | 1219 |
approval or the rejection or
denial. Division (D)(1)(b) of this | 1220 |
section applies in relation
to
the approval or disapproval of a | 1221 |
plan under this division. | 1222 |
(iii) If each parent makes a request in the parent's | 1223 |
pleadings or
files a motion but only one parent files a plan, or | 1224 |
if
only
one parent makes a request in the parent's pleadings or | 1225 |
files a motion and
also files a plan, the court in the best | 1226 |
interest of the children
may order the other parent to file a plan | 1227 |
for shared parenting in
accordance with division (G) of this | 1228 |
section. The court shall
review each plan filed to determine if | 1229 |
any plan is in the best
interest of the children. If the court | 1230 |
determines that one of
the filed plans is in the best interest of | 1231 |
the children, the
court may approve the plan. If the court | 1232 |
determines that no
filed plan is in the best interest of the | 1233 |
children, the court may
order each parent to submit appropriate | 1234 |
changes to the
parent's plan
or both of the filed plans to meet | 1235 |
the court's objections or may
select one filed plan and order each | 1236 |
parent to submit appropriate
changes to the selected plan to meet | 1237 |
the court's objections. If
changes to the plan or plans are | 1238 |
submitted to meet the court's
objections, and if any of the filed | 1239 |
plans with the changes is in
the best interest of the children, | 1240 |
the court may approve the plan
with the changes. If changes to
the | 1241 |
plan or plans are not
submitted to meet the court's
objections, or | 1242 |
if the parents
submit changes to the plan or plans
to meet the | 1243 |
court's
objections but the court determines that none
of the filed | 1244 |
plans
with the submitted changes is in the best
interest of the | 1245 |
children, the court may reject the portion of the
parents' | 1246 |
pleadings or deny the parents' motion or reject the
portion of
the | 1247 |
parents' pleadings or deny their motions requesting
shared | 1248 |
parenting of the children and proceed as if the request or | 1249 |
requests or the motion or motions had not been made. If the
court | 1250 |
approves a plan under this division, either as originally
filed or | 1251 |
with submitted changes, or if the court rejects the
portion of the | 1252 |
pleadings or denies the motion or motions
requesting shared | 1253 |
parenting under this division and proceeds as
if the request or | 1254 |
requests or the motion or motions had not been
made, the court | 1255 |
shall enter in the record of the case findings of
fact and | 1256 |
conclusions of law as to the reasons for the approval or
the | 1257 |
rejection or denial. Division (D)(1)(b) of this section
applies
in | 1258 |
relation to the approval or disapproval of a plan
under this | 1259 |
division. | 1260 |
(b) The approval of a plan under division (D)(1)(a)(ii) or | 1261 |
(iii) of this section is discretionary with the court. The court | 1262 |
shall not approve more than one plan under either division and | 1263 |
shall not approve a plan under either division unless it | 1264 |
determines that the plan is in the best interest of the children. | 1265 |
If the court, under either division, does not determine that any | 1266 |
filed plan or any filed plan with submitted changes is in the
best | 1267 |
interest of the children, the court shall not approve any
plan. | 1268 |
(d) If a court approves a shared parenting plan under | 1275 |
division (D)(1)(a)(i), (ii), or (iii) of this section, the | 1276 |
approved plan shall be incorporated into a final shared parenting | 1277 |
decree granting the parents the shared parenting of the children. | 1278 |
Any final shared parenting decree shall be issued at the same
time | 1279 |
as and shall be appended to the final decree of dissolution, | 1280 |
divorce, annulment, or legal separation arising out of the action | 1281 |
out of which the question of the allocation of parental rights
and | 1282 |
responsibilities for the care of the children arose. | 1283 |
(2) If the court finds, with respect to any child under | 1290 |
eighteen years of age, that it is in the best interest of the | 1291 |
child for neither parent to be designated the residential parent | 1292 |
and legal custodian of the child, it may commit the child to a | 1293 |
relative of the child or certify a copy of its findings, together | 1294 |
with as much of the record and the further information, in | 1295 |
narrative form or otherwise, that it considers necessary or as
the | 1296 |
juvenile court requests, to the juvenile court for further | 1297 |
proceedings, and, upon the certification, the juvenile court has | 1298 |
exclusive jurisdiction. | 1299 |
(E)(1)(a) The court shall not modify a prior decree | 1300 |
allocating parental rights and responsibilities for the care of | 1301 |
children unless it finds, based on facts that have arisen since | 1302 |
the prior decree or that were unknown to the court at the time of | 1303 |
the prior decree, that a change has occurred in the circumstances | 1304 |
of the child, the child's residential parent, or either of
the | 1305 |
parents
subject to a shared parenting decree, and that the | 1306 |
modification
is necessary to serve the best interest of the child. | 1307 |
In
applying these standards, the court shall retain the | 1308 |
residential
parent designated by the prior decree or the prior | 1309 |
shared
parenting decree, unless a modification is in the best | 1310 |
interest
of the child and one of the following applies: | 1311 |
(b) One or both of the parents under a prior decree | 1322 |
allocating parental rights and responsibilities for the care of | 1323 |
children that is not a shared parenting decree may file a motion | 1324 |
requesting that the prior decree be modified to give both parents | 1325 |
shared rights and responsibilities for the care of the children. | 1326 |
The motion shall include both a request for modification of the | 1327 |
prior decree and a request for a shared parenting order that | 1328 |
complies with division (G) of this section. Upon the filing of
the | 1329 |
motion, if the court determines that a modification of the
prior | 1330 |
decree is authorized under division (E)(1)(a) of this
section, the | 1331 |
court may modify the prior decree to grant a shared
parenting | 1332 |
order, provided that the court shall not modify the
prior decree | 1333 |
to grant a shared parenting order unless the court
complies with | 1334 |
divisions (A) and (D)(1) of this section and, in
accordance with | 1335 |
those divisions, approves the submitted shared
parenting plan and | 1336 |
determines that shared parenting would be in
the best interest of | 1337 |
the children. | 1338 |
(a) Both parents under a shared parenting decree jointly
may | 1341 |
modify the terms of the plan for shared parenting approved by
the | 1342 |
court and incorporated by it into the shared parenting
decree. | 1343 |
Modifications under this division may be made
at any time. The | 1344 |
modifications to the plan shall be filed
jointly by both parents | 1345 |
with the court, and the court shall
include them in the plan, | 1346 |
unless they are not in the best
interest of the children. If the | 1347 |
modifications are not in the best interests
of the children, the | 1348 |
court, in its discretion, may reject the
modifications or make | 1349 |
modifications to the proposed modifications or the plan
that are | 1350 |
in the best interest of the children. Modifications jointly | 1351 |
submitted by both parents under a shared parenting decree shall be | 1352 |
effective,
either as originally filed
or as modified by the court, | 1353 |
upon their
inclusion by the court in the plan. Modifications to | 1354 |
the plan made by the
court shall be effective upon their inclusion | 1355 |
by the court in the plan. | 1356 |
(b) The court may modify the terms of the plan for shared | 1357 |
parenting approved by the court and incorporated by it into the | 1358 |
shared parenting decree upon its own motion at any time if the | 1359 |
court
determines that the modifications are in the best interest | 1360 |
of the children or
upon the request of one or both of the
parents | 1361 |
under the decree. Modifications under this division may
be made
at | 1362 |
any time. The court shall not make any
modification to the
plan | 1363 |
under this division, unless the
modification is in the best | 1364 |
interest of the children. | 1365 |
(c) The court may terminate a prior final shared parenting | 1366 |
decree that includes a shared parenting plan approved under | 1367 |
division (D)(1)(a)(i) of this section upon the request of one or | 1368 |
both of the parents or whenever it determines that shared | 1369 |
parenting is not in the best interest of the children. The court | 1370 |
may terminate a prior final shared parenting decree that includes | 1371 |
a shared parenting plan approved under division (D)(1)(a)(ii) or | 1372 |
(iii) of this section if it determines, upon its own motion or | 1373 |
upon the request of one or both parents, that shared parenting is | 1374 |
not in the best interest of the children. If modification of the | 1375 |
terms of the plan for shared parenting approved by the court and | 1376 |
incorporated by it into the final shared parenting decree is | 1377 |
attempted under division (E)(2)(a) of this section and the court | 1378 |
rejects the modifications, it may terminate the final shared | 1379 |
parenting decree if it determines that shared parenting is not in | 1380 |
the best interest of the children. | 1381 |
(h) Whether either parent previously has been convicted of
or | 1416 |
pleaded guilty to any criminal offense involving any act that | 1417 |
resulted in a child being an abused child or a neglected child; | 1418 |
whether either parent, in a case in which a child has been | 1419 |
adjudicated an abused child or a neglected child, previously has | 1420 |
been determined to be the perpetrator of the abusive or
neglectful | 1421 |
act that is the basis of an adjudication; whether
either parent | 1422 |
previously has been convicted of or pleaded guilty
to a violation | 1423 |
of section 2919.25 of the Revised Code involving a
victim who at | 1424 |
the time of the commission of the offense was a
member of the | 1425 |
family or household that is the subject of the
current proceeding; | 1426 |
whether either parent previously has been
convicted of or pleaded | 1427 |
guilty to any offense involving a victim
who at the time of the | 1428 |
commission of the offense was a member of
the family or household | 1429 |
that is the subject of the current
proceeding and caused physical | 1430 |
harm to the victim in the
commission of the offense; and whether | 1431 |
there is reason to believe
that either parent has acted in a | 1432 |
manner resulting in a child
being an abused child or a neglected | 1433 |
child; | 1434 |
(G) Either parent or both parents of any children may file
a | 1462 |
pleading or motion with the court requesting the court to grant | 1463 |
both parents shared parental rights and responsibilities for the | 1464 |
care of the children in a proceeding held pursuant to division
(A) | 1465 |
of this section. If a pleading or motion requesting shared | 1466 |
parenting is filed, the parent or parents filing the pleading or | 1467 |
motion also shall file with the court a plan for the exercise of | 1468 |
shared parenting by both parents. If each parent files a
pleading | 1469 |
or motion requesting shared parenting but only one
parent files a | 1470 |
plan or if only one parent files a
pleading
or motion requesting | 1471 |
shared parenting and also files a plan, the
other parent as | 1472 |
ordered by the court shall file with the court a
plan for the | 1473 |
exercise of shared parenting by both parents. The
plan for shared | 1474 |
parenting shall be filed with the petition for
dissolution of | 1475 |
marriage, if the question of parental rights and
responsibilities | 1476 |
for the care of the children arises out of an
action for | 1477 |
dissolution of marriage, or, in other cases, at a time
at least | 1478 |
thirty days prior to the hearing on the issue of the
parental | 1479 |
rights and responsibilities for the care of the
children. A plan | 1480 |
for shared parenting shall include provisions
covering all factors | 1481 |
that are relevant to the care of the
children, including, but not | 1482 |
limited to, provisions covering
factors such as physical living | 1483 |
arrangements, child support
obligations, provision for the | 1484 |
children's medical and dental
care, school placement, and the | 1485 |
parent with which the children will be
physically located during | 1486 |
legal holidays, school holidays, and other days of
special | 1487 |
importance. | 1488 |
(1) A parent who is granted the care, custody, and control
of | 1503 |
a child under an order that was issued pursuant to this
section | 1504 |
prior to April 11, 1991, and that does not provide for
shared | 1505 |
parenting has "custody of the child" and "care, custody,
and | 1506 |
control of the child" under the order, and is the
"residential | 1507 |
parent," the "residential parent and legal
custodian," or the | 1508 |
"custodial parent" of the child under the
order. | 1509 |
(2) A parent who primarily is allocated the parental
rights | 1510 |
and responsibilities for the care of a child and who is
designated | 1511 |
as the residential parent and legal custodian of the
child under | 1512 |
an order that is issued pursuant to this section on
or after April | 1513 |
11, 1991, and that does not provide for shared
parenting has | 1514 |
"custody of the child" and "care, custody, and
control of the | 1515 |
child" under the order, and is the "residential
parent," the | 1516 |
"residential parent and legal custodian," or the
"custodial | 1517 |
parent" of the child under the order. | 1518 |
(4) A parent who is not primarily allocated the parental | 1525 |
rights and responsibilities for the care of a child and who is
not | 1526 |
designated as the residential parent and legal custodian of
the | 1527 |
child under an order that is issued pursuant to this section
on or | 1528 |
after April 11, 1991, and that does not provide for shared | 1529 |
parenting is the "parent who is not the residential parent," the | 1530 |
"parent who is not the residential parent and legal custodian,"
or | 1531 |
the "noncustodial parent" of the child under the order. | 1532 |
(6) Unless the context clearly requires otherwise and
except | 1539 |
as otherwise provided in the order, if an order is issued
by a | 1540 |
court pursuant to this section and the order provides for
shared | 1541 |
parenting of a child, each parent, regardless of where the child | 1542 |
is
physically located or with whom the child is residing at a | 1543 |
particular point in
time, as specified in the order,
is the | 1544 |
"residential parent," the "residential parent and legal | 1545 |
custodian," or the "custodial parent" of the child. | 1546 |
(7) Unless the context clearly requires otherwise and
except | 1547 |
as otherwise provided in the order, a designation in the order of | 1548 |
a
parent as the residential parent for the purpose of determining | 1549 |
the school the
child attends, as the custodial parent for purposes | 1550 |
of claiming the child as a
dependent pursuant to section 152(e) of | 1551 |
the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. | 1552 |
1, as amended, or as the residential parent for
purposes of | 1553 |
receiving public assistance pursuant to division (A)(2) of this | 1554 |
section, does not affect the designation pursuant to division | 1555 |
(K)(6) of this
section of each parent as the "residential parent," | 1556 |
the "residential parent
and legal custodian," or the "custodial | 1557 |
parent" of the child. | 1558 |
(3) "Child custody determination" means a judgment, decree, | 1573 |
or other order of a court that provides for legal custody, | 1574 |
physical custody, parenting time, or visitation with respect to a | 1575 |
child. "Child custody determination" includes an order that | 1576 |
allocates parental rights and responsibilities. "Child custody | 1577 |
determination" includes permanent, temporary, initial, and | 1578 |
modification orders. "Child custody determination" does not | 1579 |
include an order or the portion of an order relating to child | 1580 |
support or other monetary obligations of an individual. | 1581 |
(4) "Child custody proceeding" means a proceeding in which | 1582 |
legal custody, physical custody, parenting time, or visitation | 1583 |
with respect to a child is an issue. "Child custody proceeding" | 1584 |
may include a proceeding for divorce, separation, neglect, abuse, | 1585 |
dependency, guardianship, parentage, termination of parental | 1586 |
rights, or protection from domestic violence. "Child custody | 1587 |
proceeding" does not include a proceeding regarding juvenile | 1588 |
delinquency, contractual emancipation, or enforcement pursuant to | 1589 |
sections 3127.31 to 3127.47 of the Revised Code. | 1590 |
Sec. 3127.05. A child custody determination made by a court | 1667 |
of this state with jurisdiction under sections 3127.01 to 3127.53 | 1668 |
of the Revised Code binds all persons who have been served in | 1669 |
accordance with the laws of this state, notified in accordance | 1670 |
with section 3127.07 of the Revised Code, or who have submitted to | 1671 |
the jurisdiction of the court, and who have been given an | 1672 |
opportunity to be heard. As to those persons, the determination is | 1673 |
conclusive as to all decided issues of law and fact except to the | 1674 |
extent the determination is modified. | 1675 |
Sec. 3127.08. (A) A party to a child custody proceeding, | 1694 |
including a modification proceeding, or a petitioner or respondent | 1695 |
in a proceeding to enforce or register a child custody | 1696 |
determination, is not subject to personal jurisdiction in this | 1697 |
state for another proceeding or purpose solely by reason of having | 1698 |
participated, or of having been physically present for the purpose | 1699 |
of participating, in the child custody proceeding. | 1700 |
Sec. 3127.10. (A) In addition to other procedures available | 1731 |
to a party, a party to a child custody proceeding may offer | 1732 |
testimony of witnesses who are located in another state, including | 1733 |
testimony of the parties and the child, by deposition or other | 1734 |
means allowable in this state for testimony taken in another | 1735 |
state. The court on its own motion may order that the testimony of | 1736 |
a person be taken in another state and may prescribe the manner in | 1737 |
which and the terms upon which the testimony is taken. | 1738 |
Sec. 3127.16. Except as otherwise provided in section | 1816 |
3127.18 of the Revised Code, a court of this state that has made a | 1817 |
child custody determination consistent with section 3127.15 or | 1818 |
3127.17 of the Revised Code has exclusive, continuing jurisdiction | 1819 |
over the determination until the court or a court of another state | 1820 |
determines that the child, the child's parents, and any person | 1821 |
acting as a parent do not presently reside in this state. | 1822 |
(B) If there is no previous child custody determination that | 1845 |
is entitled to be enforced under this chapter and a child custody | 1846 |
proceeding has not been commenced in a court of a state having | 1847 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1848 |
or a similar statute of another state, a child custody | 1849 |
determination made under this section remains in effect until an | 1850 |
order is obtained from a court of a state having jurisdiction | 1851 |
under sections 3127.15 to 3127.17 of the Revised Code or a similar | 1852 |
statute of another state. If a child custody proceeding has not | 1853 |
been or is not commenced in a court of a state having jurisdiction | 1854 |
under sections 3127.15 to 3127.17 of the Revised Code or a similar | 1855 |
statute of another state, a child custody determination made under | 1856 |
this section becomes a final determination, if it so provides and | 1857 |
this state becomes the home state of the child. | 1858 |
(C) If there is a previous child custody determination that | 1859 |
is entitled to be enforced under this chapter, or a child custody | 1860 |
proceeding has been commenced in a court of a state having | 1861 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1862 |
or a similar statute of another state, any order issued by a court | 1863 |
of this state under this section must specify in the order a | 1864 |
period that the court considers adequate to allow the person | 1865 |
seeking an order to obtain an order from the state having | 1866 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1867 |
or a similar statute of another state. The order issued in this | 1868 |
state remains in effect until an order is obtained from the other | 1869 |
state within the period specified or until the period expires. | 1870 |
(D) A court of this state that has been asked to make a child | 1871 |
custody determination under this section, upon being informed that | 1872 |
a child custody proceeding has been commenced in or a child | 1873 |
custody determination has been made by a court of a state having | 1874 |
jurisdiction under sections 3127.15 to 3127.17 of the Revised Code | 1875 |
or a similar statute of another state, shall immediately | 1876 |
communicate with the other court. A court of this state that is | 1877 |
exercising jurisdiction pursuant to sections 3127.15 to 3127.17 of | 1878 |
the Revised Code, upon being informed that a child custody | 1879 |
proceeding has been commenced in or a child custody determination | 1880 |
has been made by a court of another state under a statute similar | 1881 |
to this section, shall immediately communicate with the court of | 1882 |
that state to resolve the emergency, protect the safety of the | 1883 |
parties and the child, and determine a period for the duration of | 1884 |
the temporary order. | 1885 |
Sec. 3127.19. (A) Before a child custody determination is | 1886 |
made under this chapter, notice and an opportunity to be heard in | 1887 |
accordance with the standards set forth in section 3127.07 of the | 1888 |
Revised Code shall be given to all persons entitled to notice | 1889 |
under the law of this state as in child custody proceedings | 1890 |
between residents of this state, any parent whose parental rights | 1891 |
have not been previously terminated, and any person having | 1892 |
physical custody of the child. | 1893 |
Sec. 3127.20. (A) Except as otherwise provided in section | 1901 |
3127.18 of the Revised Code, a court of this state may not | 1902 |
exercise its jurisdiction under sections 3127.15 to 3127.17 of the | 1903 |
Revised Code if, at the time of the commencement of the | 1904 |
proceeding, a child custody proceeding concerning the child is | 1905 |
pending in a court of another state having jurisdiction | 1906 |
substantially in conformity with this chapter, unless the | 1907 |
proceeding has been terminated or is stayed by the court of the | 1908 |
other state because a court of this state is a more convenient | 1909 |
forum under section 3127.21 of the Revised Code or a similar | 1910 |
statute of the other state. | 1911 |
(B) Except as otherwise provided in section 3127.18 of the | 1912 |
Revised Code, a court of this state, before hearing a child | 1913 |
custody proceeding, shall examine the court documents and other | 1914 |
information supplied by the parties pursuant to section 3127.23 of | 1915 |
the Revised Code. If the court determines that a child custody | 1916 |
proceeding is pending in a court in another state having | 1917 |
jurisdiction substantially in accordance with this chapter, the | 1918 |
court of this state shall stay its proceeding and communicate with | 1919 |
the court of the other state. If the court of the state having | 1920 |
jurisdiction substantially in accordance with this chapter does | 1921 |
not determine that the court of this state is a more appropriate | 1922 |
forum, the court of this state shall dismiss the proceeding. | 1923 |
(C) If a court dismisses a petition or stays a proceeding | 1999 |
because it declines to exercise its jurisdiction pursuant to | 2000 |
division (A) of this section, it shall assess against the party | 2001 |
seeking to invoke its jurisdiction necessary and reasonable | 2002 |
expenses including costs, communication expenses, attorney's fees, | 2003 |
investigative fees, expenses for witnesses, travel expenses, and | 2004 |
child care during the course of the proceedings, unless the party | 2005 |
from whom fees are sought establishes that the assessment would be | 2006 |
clearly inappropriate. The court may not assess fees, costs, or | 2007 |
expenses against this state or a political subdivision of this | 2008 |
state unless authorized by law other than this chapter. | 2009 |
(D) As used in this section, "unjustifiable conduct" means | 2010 |
conduct by a parent or that parent's surrogate that attempts to | 2011 |
create jurisdiction in this state by removing the child from the | 2012 |
child's home state, secreting the child, retaining the child, or | 2013 |
restraining or otherwise preventing the child from returning to | 2014 |
the child's home state in order to prevent the other parent from | 2015 |
commencing a child custody proceeding in the child's home state. | 2016 |
Sec. 3109.27. Sec. 3127.23. (A) Each party in a parentingchild | 2017 |
custody proceeding,
in the party's first pleading or in an | 2018 |
affidavit attached to that
pleading, shall give information if | 2019 |
reasonably ascertainable under oath as to the child's
present | 2020 |
address or whereabouts, the places where the child has lived | 2021 |
within the
last five years, and the name and present address of | 2022 |
each person
with whom the child has lived during that period. In | 2023 |
this
pleading or affidavit, each party also shall include all of | 2024 |
the
following information: | 2025 |
(1) Whether the party has participated as a party, a
witness, | 2026 |
or in any other capacity in any other litigation, in
this or any | 2027 |
other state, that concernedproceeding concerning the allocation, | 2028 |
between
the parents of the same child, of parental rights and | 2029 |
responsibilities for the care of the child including any | 2030 |
designation of parenting time rights and the designation of
the | 2031 |
residential parent and legal custodian of the child or that | 2032 |
otherwise concerned the custody of or visitation with the same | 2033 |
child and, if so, the court, case number and the date of the child | 2034 |
custody determination, if any; | 2035 |
(2) Whether the party has information of any parenting | 2036 |
proceeding concerning the child pending in a court of this or any | 2037 |
other stateknows of any proceedings that could affect the current | 2038 |
proceeding, including proceedings for enforcement of child custody | 2039 |
determinations, proceedings relating to domestic violence or | 2040 |
protection orders, proceedings to adjudicate the child as an | 2041 |
abused, neglected, or dependent child, proceedings seeking | 2042 |
termination of parental rights, and adoptions, and, if so, the | 2043 |
court, the case number, and the nature of the proceeding; | 2044 |
(4) Whether the party previously has been convicted of or | 2052 |
pleaded guilty to any criminal offense involving any act that | 2053 |
resulted in a child being an abused child or a neglected child or | 2054 |
previously has been determined, in a case in which a child has | 2055 |
been adjudicated an abused child or a neglected child, to be the | 2056 |
perpetrator of the abusive or neglectful act that was the basis
of | 2057 |
the adjudicationand, if so, the names and addresses of those | 2058 |
persons. | 2059 |
(D) If a party alleges in an affidavit or a pleading under | 2071 |
oath that the health, safety, or liberty of a party or child would | 2072 |
be jeopardized by the disclosure of identifying information, the | 2073 |
information shall be sealed and may not be disclosed to the other | 2074 |
party or the public unless the court orders the disclosure to be | 2075 |
made after a hearing in which the court takes into consideration | 2076 |
the health, safety, and liberty of the party or child and | 2077 |
determines that the disclosure is in the interests of justice. | 2078 |
Sec. 3127.37. Subject to sections 2101.022 and 2301.03 of | 2235 |
the Revised Code, if a proceeding for enforcement under sections | 2236 |
3127.31 to 3127.46 of the Revised Code is commenced in a juvenile | 2237 |
court or other court of this state with appropriate jurisdiction | 2238 |
and the court determines that a proceeding to modify the | 2239 |
determination is pending in a court of another state having | 2240 |
jurisdiction to modify the determination under sections 3127.15 to | 2241 |
3127.24 of the Revised Code or a similar statute of another state, | 2242 |
the enforcing court shall immediately communicate with the | 2243 |
modifying court. The proceeding for enforcement shall continue | 2244 |
unless the enforcing court, after consultation with the modifying | 2245 |
court, stays or dismisses the proceeding. | 2246 |
(3) Whether any proceeding has been commenced that could | 2262 |
affect the current proceeding, including proceedings for | 2263 |
enforcement of child custody determinations, proceedings relating | 2264 |
to domestic violence or protection orders, proceedings to | 2265 |
adjudicate the child as an abused, neglected, or dependent child, | 2266 |
proceedings seeking termination of parental rights, and adoptions, | 2267 |
and, if so, the court, the case number, and the nature of the | 2268 |
proceeding; | 2269 |
(C) Upon the filing of a petition, the court shall issue an | 2279 |
order directing the respondent to appear in person with or without | 2280 |
the child at a hearing and may enter any order necessary to ensure | 2281 |
the safety of the parties and the child. If possible, the hearing | 2282 |
must be held on the next judicial day after service of the order. | 2283 |
If holding the hearing on that date is impossible, the court shall | 2284 |
hold the hearing on the first judicial day possible. The court may | 2285 |
extend the date of the hearing at the request of the petitioner. | 2286 |
(D) An order issued under division (C) of this section shall | 2287 |
state the time and place of the hearing and advise the respondent | 2288 |
that at the hearing the court will order that the petitioner may | 2289 |
take immediate physical custody of the child and that the | 2290 |
respondent pay fees, costs, and expenses under section 3127.42 of | 2291 |
the Revised Code and may schedule a hearing to determine whether | 2292 |
further relief is appropriate, unless the respondent appears and | 2293 |
establishes either of the following: | 2294 |
(B) If the court, upon the testimony of the petitioner or | 2364 |
another witness, finds that the child is imminently likely to | 2365 |
suffer serious physical harm or be removed from this state, it may | 2366 |
issue a warrant to take physical custody of the child. If | 2367 |
possible, the court shall hear the petition on the next judicial | 2368 |
day after the warrant is executed. If it is impossible to hold a | 2369 |
hearing on that date, the court shall hold the hearing on the | 2370 |
first judicial day possible. The application for the warrant shall | 2371 |
include the statements required by division (B) of section 3127.38 | 2372 |
of the Revised Code. | 2373 |
(E) A warrant to take physical custody of a child is | 2385 |
enforceable throughout this state. If the court finds on the basis | 2386 |
of the testimony of the petitioner or another witness that a less | 2387 |
intrusive remedy is not effective, it may authorize law | 2388 |
enforcement officers to enter private property to take physical | 2389 |
custody of the child. If required by exigent circumstances of the | 2390 |
case, the court may authorize law enforcement officers to make a | 2391 |
forcible entry at any hour. | 2392 |
Sec. 3127.42. (A) A court shall award the prevailing party | 2396 |
in an action to enforce a child custody determination, including a | 2397 |
state, necessary and reasonable expenses incurred by or on behalf | 2398 |
of the party, including costs, communication expenses, attorney's | 2399 |
fees, investigative fees, expenses for witnesses, travel expenses, | 2400 |
and child care during the course of the proceedings, unless the | 2401 |
party from whom fees or expenses are sought establishes that the | 2402 |
award would be clearly inappropriate. | 2403 |
Sec. 3127.45. (A) In a case arising under this chapter or | 2421 |
involving the Hague Convention on the Civil Aspects in | 2422 |
International Child Abduction, the prosecutor may take any lawful | 2423 |
action, including resort to a proceeding under sections 3127.31 to | 2424 |
3127.47 of the Revised Code or any other available civil | 2425 |
proceeding, to locate a child, obtain the return of a child, or | 2426 |
enforce a child custody determination if there is any of the | 2427 |
following: | 2428 |
Sec. 5153.122. (A) Each caseworker hired by a public | 2467 |
children
services agency shall complete at least ninety hours of | 2468 |
in-service training
during the first year of the caseworker's | 2469 |
continuous employment, except that the director of the public | 2470 |
children services agency may waive the training requirement for a | 2471 |
school of social work graduate who participated in the university | 2472 |
partnership program described in division (D) of section 5101.141 | 2473 |
of the Revised Code. The training
shall consist of courses in | 2474 |
recognizing and preventing child abuse and
neglect, assessing | 2475 |
risks, interviewing persons, investigating cases, intervening, | 2476 |
providing
services to children and their families, and other | 2477 |
topics relevant to child
abuse and neglect. AfterThe training | 2478 |
shall also include courses in the legal duties of caseworkers to | 2479 |
protect the constitutional and statutory rights of children and | 2480 |
families from the initial time of contact during investigation | 2481 |
through treatment that shall include instruction regarding | 2482 |
parents' rights and the limitations that the Fourth Amendment to | 2483 |
the United States Constitution places upon caseworkers and their | 2484 |
investigations. | 2485 |
Section 2. That existing sections 2111.06, 2151.23, 2151.27, | 2498 |
2151.353, 2151.421, 2152.021, 3109.04, 3109.27, 3109.29, 3109.37, | 2499 |
and 5153.122 and sections Sec. 3109.21. , Sec. 3109.22. , Sec. 3109.23. , Sec. 3109.24. , | 2500 |
Sec. 3109.25. , Sec. 3109.26. , Sec. 3109.28. , Sec. 3109.30. , Sec. 3109.31. , Sec. 3109.32. , Sec. 3109.33. , | 2501 |
Sec. 3109.34. , Sec. 3109.35. , and Sec. 3109.36. of the Revised Code are hereby | 2502 |
repealed. | 2503 |