|
|
| To amend sections 2151.03 and 2717.01 of the Revised | 1 |
| Code to expand the definition of neglected child | 2 |
| to include a child whose parent, guardian, or | 3 |
| custodian knowingly allows certain sexually | 4 |
| oriented offenders or child-victim offenders to | 5 |
| reside in the same residence as that child, and | 6 |
| to prohibit a court from ordering a statutory | 7 |
| change of name for a person who has committed | 8 |
| identity fraud or who must register under the SORN | 9 |
| Law for having committed a sexually oriented | 10 |
| offense or child-victim oriented offense. | 11 |
| Section 1. That sections 2151.03 and 2717.01 of the Revised | 12 |
| Code be amended to read as follows: | 13 |
| Sec. 2151.03. (A) As used in this chapter, "neglected child" | 14 |
| includes any child: | 15 |
| (1) Who is abandoned by the child's parents, guardian, or | 16 |
| custodian; | 17 |
| (2) Who lacks adequate parental care because of the faults or | 18 |
| habits of the child's parents, guardian, or custodian; | 19 |
| (3) Whose parents, guardian, or custodian neglects the child | 20 |
| or refuses to provide proper or necessary subsistence, education, | 21 |
| medical or surgical care or treatment, or other care necessary for | 22 |
| the child's health, morals, or well being; | 23 |
| (4) Whose parents, guardian, or custodian neglects the child | 24 |
| or refuses to provide the special care made necessary by the | 25 |
| child's mental condition; | 26 |
| (5) Whose parents, legal guardian, or custodian | 27 |
| placed or attempted to place the child in violation of sections | 28 |
| 5103.16 and 5103.17 of the Revised Code; | 29 |
| (6) Who, because of the omission of the child's parents, | 30 |
| guardian, or custodian, suffers physical or mental injury that | 31 |
| harms or threatens to harm the child's health or welfare; | 32 |
| (7) Who is subjected to out-of-home care child neglect; | 33 |
| (8) Whose parents, guardian, or custodian knowingly allows | 34 |
| any of the following persons to reside in the same residence as | 35 |
| the child: | 36 |
| (a) A person who is a habitual sex offender, sexual predator, | 37 |
| habitual child-victim offender, or child-victim predator, as | 38 |
| defined in section 2950.01 of the Revised Code; | 39 |
| (b) A person who was convicted of or pleaded guilty to an | 40 |
| aggravated sexually oriented offense, as defined in section | 41 |
| 2950.01 of the Revised Code; | 42 |
| (c) A person who has been convicted of or has pleaded guilty | 43 |
| to a sexually oriented or child-victim oriented offense, as | 44 |
| defined in section 2950.01 of the Revised Code, who is not | 45 |
| described in division (A)(8)(a) or (A)(8)(b) of this section but | 46 |
| who is subject to one of the following imposed for that offense: | 47 |
| (i) A jail or prison term; | 48 |
| (ii) A community control sanction, as defined in section | 49 |
| 2929.01 of the Revised Code, other than one imposed under section | 50 |
| 2929.18 or 2929.28 of the Revised Code; | 51 |
| (iii) A period of post-release control; | 52 |
| (iv) A community control sanction imposed after a judicial | 53 |
| release; | 54 |
| (v) Parole or another type of early release from confinement. | 55 |
| (B) A child is not a neglected child under division (A)(8) of | 56 |
| this section if either of the following applies to the person | 57 |
| living in the same residence as the child: | 58 |
| (1) The person is under eighteen years of age. | 59 |
| (2) The person is eighteen years of age or older, resides in | 60 |
| the same residence as the person's parent, guardian, or legal | 61 |
| custodian, and is enrolled in high school. | 62 |
| (C) Nothing in this chapter shall be construed as subjecting | 63 |
| a parent, guardian, or custodian of a child to criminal liability | 64 |
| when, solely in the practice of religious beliefs, the parent, | 65 |
| guardian, or custodian fails to provide adequate medical or | 66 |
| surgical care or treatment for the child. This division does not | 67 |
| abrogate or limit any person's responsibility under section | 68 |
| 2151.421 of the Revised Code to report child abuse that is known | 69 |
| or reasonably suspected or believed to have occurred, child | 70 |
| neglect that is known or reasonably suspected or believed to have | 71 |
| occurred, and children who are known to face or are reasonably | 72 |
| suspected or believed to be facing a threat of suffering abuse or | 73 |
| neglect and does not preclude any exercise of the authority of the | 74 |
| state, any political subdivision, or any court to ensure that | 75 |
| medical or surgical care or treatment is provided to a child when | 76 |
| the child's health requires the provision of medical or surgical | 77 |
| care or treatment. | 78 |
| Sec. 2717.01. (A) A person desiring a change of name may | 79 |
| file an application in the probate court of the county in which | 80 |
| the person resides. The application shall set forth that the | 81 |
| applicant has been a bona fide resident of that county for at | 82 |
| least one year prior to the filing of the application, the cause | 83 |
| for which the change of name is sought, and the requested new | 84 |
| name. The application shall require the applicant to state whether | 85 |
| the applicant has been convicted of, pleaded guilty to, or been | 86 |
| adjudicated a delinquent child for identity fraud or has a duty to | 87 |
| comply with section 2950.04 or 2950.041 of the Revised Code | 88 |
| because the applicant was convicted of, pleaded guilty to, or was | 89 |
| adjudicated a delinquent child for having committed a sexually | 90 |
| oriented offense or a child-victim oriented offense. | 91 |
| Notice of the application shall be given once by publication | 92 |
| in a newspaper of general circulation in the county at least | 93 |
| thirty days before the hearing on the application. The notice | 94 |
| shall set forth the court in which the application was filed, the | 95 |
| case number, and the date and time of the hearing. | 96 |
| | 97 |
| proof that proper notice was given and that the facts set forth in | 98 |
| the application show reasonable and proper cause for changing the | 99 |
| name of the applicant, the court may order the change of name. | 100 |
| (B) An application for change of name may be made on behalf | 101 |
| of a minor by either of the minor's parents, a legal guardian, or | 102 |
| a guardian ad litem. When application is made on behalf of a | 103 |
| minor, in addition to the notice and proof required pursuant to | 104 |
| division (A) of this section, the consent of both living, legal | 105 |
| parents of the minor shall be filed, or notice of the hearing | 106 |
| shall be given to the parent or parents not consenting by | 107 |
| certified mail, return receipt requested. If there is no known | 108 |
| father of the minor, the notice shall be given to the person who | 109 |
| the mother of the minor alleges to be the father. If no father is | 110 |
| so alleged, or if either parent or the address of either parent is | 111 |
| unknown, notice pursuant to division (A) of this section shall be | 112 |
| sufficient as to the father or parent. | 113 |
| Any additional notice required by this division may be waived | 114 |
| in writing by any person entitled to the notice. | 115 |
| (C)(1) The court shall not order a change of name under | 116 |
| division (A) of this section if the person applying for a change | 117 |
| of name or for whom the application for a change of name is made | 118 |
| has pleaded guilty to, been convicted of, or been adjudicated a | 119 |
| delinquent child for a sexually oriented offense or a child-victim | 120 |
| oriented offense and has a duty to comply with section 2950.04 or | 121 |
| 2950.041 of the Revised Code as a result of the guilty plea, | 122 |
| conviction, or adjudication unless the guilty plea, conviction, or | 123 |
| adjudication has been reversed on appeal. | 124 |
| (2) The court shall not order a change of name under division | 125 |
| (A) of this section if the person applying for a change of name or | 126 |
| for whom the application for a change of name is made has pleaded | 127 |
| guilty to, been convicted of, or been adjudicated a delinquent | 128 |
| child for committing an act that if committed by an adult would be | 129 |
| a violation of section 2913.49 of the Revised Code unless the | 130 |
| guilty plea, conviction, or adjudication has been reversed on | 131 |
| appeal. | 132 |
| (3) As used in this division, "sexually oriented offense" and | 133 |
| "child-victim oriented offense" have the same meanings as in | 134 |
| section 2950.01 of the Revised Code. | 135 |
| Section 2. That existing sections 2151.03 and 2717.01 of the | 136 |
| Revised Code are hereby repealed. | 137 |