Cosponsors:
Representatives Szollosi, Williams, B., Letson, Harwood, Stewart, Chandler, Gardner, Boyd, Garrison, Otterman, Luckie, Stebelton, Harris, Newcomb, Williams, S., Phillips, Foley, Slesnick, Fende, Pillich, Book, Mecklenborg, Skindell, Yates, Amstutz, Bacon, Belcher, Blair, Bolon, Boose, Bubp, Carney, Celeste, Coley, Combs, Daniels, DeBose, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Dyer, Evans, Garland, Gerberry, Goyal, Grossman, Hackett, Hagan, Heard, Hottinger, Jones, Koziura, Lehner, Lundy, Mallory, Mandel, McClain, Murray, Oelslager, Okey, Patten, Pryor, Ruhl, Sayre, Sears, Snitchler, Ujvagi, Weddington, Winburn, Yuko, Zehringer
Senators Schuring, Kearney, Miller, D., Seitz, Cates, Fedor, Gibbs, Gillmor, Hughes, Husted, Jones, Miller, R., Morano, Niehaus, Patton, Sawyer, Schiavoni, Smith, Strahorn, Turner, Wagoner, Widener, Wilson, Harris, Buehrer, Goodman, Schaffer
(c) A person that, at the time a cause of action against the | 40 |
person, partnership, or corporation arises, is rendering peer | 41 |
review, utilization review, or drug utilization review services in | 42 |
relation to medical, nursing, dental, podiatric, optometric, | 43 |
physical therapeutic, psychiatric, or psychological services | 44 |
pursuant to a personal services contract or purchased service | 45 |
contract with a department, agency, or institution of the state. | 46 |
Sec. 109.57. (A)(1) The superintendent of the bureau of | 74 |
criminal identification and investigation shall procure from | 75 |
wherever procurable and file for record photographs, pictures, | 76 |
descriptions, fingerprints, measurements, and other information | 77 |
that may be pertinent of all persons who have been convicted of | 78 |
committing within this state a felony, any crime constituting a | 79 |
misdemeanor on the first offense and a felony on subsequent | 80 |
offenses, or any misdemeanor described in division (A)(1)(a), | 81 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 82 |
of all children under eighteen years of age who have been | 83 |
adjudicated delinquent children for committing within this state | 84 |
an act that would be a felony or an offense of violence if | 85 |
committed by an adult or who have been convicted of or pleaded | 86 |
guilty to committing within this state a felony or an offense of | 87 |
violence, and of all well-known and habitual criminals. The person | 88 |
in charge of any county, multicounty, municipal, municipal-county, | 89 |
or multicounty-municipal jail or workhouse, community-based | 90 |
correctional facility, halfway house, alternative residential | 91 |
facility, or state correctional institution and the person in | 92 |
charge of any state institution having custody of a person | 93 |
suspected of having committed a felony, any crime constituting a | 94 |
misdemeanor on the first offense and a felony on subsequent | 95 |
offenses, or any misdemeanor described in division (A)(1)(a), | 96 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or | 97 |
having custody of a child under eighteen years of age with respect | 98 |
to whom there is probable cause to believe that the child may have | 99 |
committed an act that would be a felony or an offense of violence | 100 |
if committed by an adult shall furnish such material to the | 101 |
superintendent of the bureau. Fingerprints, photographs, or other | 102 |
descriptive information of a child who is under eighteen years of | 103 |
age, has not been arrested or otherwise taken into custody for | 104 |
committing an act that would be a felony or an offense of violence | 105 |
who is not in any other category of child specified in this | 106 |
division, if committed by an adult, has not been adjudicated a | 107 |
delinquent child for committing an act that would be a felony or | 108 |
an offense of violence if committed by an adult, has not been | 109 |
convicted of or pleaded guilty to committing a felony or an | 110 |
offense of violence, and is not a child with respect to whom there | 111 |
is probable cause to believe that the child may have committed an | 112 |
act that would be a felony or an offense of violence if committed | 113 |
by an adult shall not be procured by the superintendent or | 114 |
furnished by any person in charge of any county, multicounty, | 115 |
municipal, municipal-county, or multicounty-municipal jail or | 116 |
workhouse, community-based correctional facility, halfway house, | 117 |
alternative residential facility, or state correctional | 118 |
institution, except as authorized in section 2151.313 of the | 119 |
Revised Code.
| 120 |
(2) Every clerk of a court of record in this state, other | 121 |
than the supreme court or a court of appeals, shall send to the | 122 |
superintendent of the bureau a weekly report containing a summary | 123 |
of each case involving a felony, involving any crime constituting | 124 |
a misdemeanor on the first offense and a felony on subsequent | 125 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 126 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 127 |
or involving an adjudication in a case in which a child under | 128 |
eighteen years of age was alleged to be a delinquent child for | 129 |
committing an act that would be a felony or an offense of violence | 130 |
if committed by an adult. The clerk of the court of common pleas | 131 |
shall include in the report and summary the clerk sends under this | 132 |
division all information described in divisions (A)(2)(a) to (f) | 133 |
of this section regarding a case before the court of appeals that | 134 |
is served by that clerk. The summary shall be written on the | 135 |
standard forms furnished by the superintendent pursuant to | 136 |
division (B) of this section and shall include the following | 137 |
information:
| 138 |
(d) The date that the person was convicted of or pleaded | 144 |
guilty to the offense, adjudicated a delinquent child for | 145 |
committing the act that would be a felony or an offense of | 146 |
violence if committed by an adult, found not guilty of the | 147 |
offense, or found not to be a delinquent child for committing an | 148 |
act that would be a felony or an offense of violence if committed | 149 |
by an adult, the date of an entry dismissing the charge, an entry | 150 |
declaring a mistrial of the offense in which the person is | 151 |
discharged, an entry finding that the person or child is not | 152 |
competent to stand trial, or an entry of a nolle prosequi, or the | 153 |
date of any other determination that constitutes final resolution | 154 |
of the case;
| 155 |
(3) The superintendent shall cooperate with and assist | 167 |
sheriffs, chiefs of police, and other law enforcement officers in | 168 |
the establishment of a complete system of criminal identification | 169 |
and in obtaining fingerprints and other means of identification of | 170 |
all persons arrested on a charge of a felony, any crime | 171 |
constituting a misdemeanor on the first offense and a felony on | 172 |
subsequent offenses, or a misdemeanor described in division | 173 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 174 |
Revised Code and of all children under eighteen years of age | 175 |
arrested or otherwise taken into custody for committing an act | 176 |
that would be a felony or an offense of violence if committed by | 177 |
an adult. The superintendent also shall file for record the | 178 |
fingerprint impressions of all persons confined in a county, | 179 |
multicounty, municipal, municipal-county, or multicounty-municipal | 180 |
jail or workhouse, community-based correctional facility, halfway | 181 |
house, alternative residential facility, or state correctional | 182 |
institution for the violation of state laws and of all children | 183 |
under eighteen years of age who are confined in a county, | 184 |
multicounty, municipal, municipal-county, or multicounty-municipal | 185 |
jail or workhouse, community-based correctional facility, halfway | 186 |
house, alternative residential facility, or state correctional | 187 |
institution or in any facility for delinquent children for | 188 |
committing an act that would be a felony or an offense of violence | 189 |
if committed by an adult, and any other information that the | 190 |
superintendent may receive from law enforcement officials of the | 191 |
state and its political subdivisions.
| 192 |
(B) The superintendent shall prepare and furnish to every | 207 |
county, multicounty, municipal, municipal-county, or | 208 |
multicounty-municipal jail or workhouse, community-based | 209 |
correctional facility, halfway house, alternative residential | 210 |
facility, or state correctional institution and to every clerk of | 211 |
a court in this state specified in division (A)(2) of this section | 212 |
standard forms for reporting the information required under | 213 |
division (A) of this section. The standard forms that the | 214 |
superintendent prepares pursuant to this division may be in a | 215 |
tangible format, in an electronic format, or in both tangible | 216 |
formats and electronic formats.
| 217 |
(C)(1) The superintendent may operate a center for | 218 |
electronic, automated, or other data processing for the storage | 219 |
and retrieval of information, data, and statistics pertaining to | 220 |
criminals and to children under eighteen years of age who are | 221 |
adjudicated delinquent children for committing an act that would | 222 |
be a felony or an offense of violence if committed by an adult, | 223 |
criminal activity, crime prevention, law enforcement, and criminal | 224 |
justice, and may establish and operate a statewide communications | 225 |
network to be known as the Ohio law enforcement gateway to gather | 226 |
and disseminate information, data, and statistics for the use of | 227 |
law enforcement agencies and for other uses specified in this | 228 |
division. The superintendent may gather, store, retrieve, and | 229 |
disseminate information, data, and statistics that pertain to | 230 |
children who are under eighteen years of age and that are gathered | 231 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 232 |
with information, data, and statistics that pertain to adults and | 233 |
that are gathered pursuant to those sections.
| 234 |
(E) The attorney general shall adopt rules, in accordance | 281 |
with Chapter 119. of the Revised Code, setting forth the procedure | 282 |
by which a person may receive or release information gathered by | 283 |
the superintendent pursuant to division (A) of this section. A | 284 |
reasonable fee may be charged for this service. If a temporary | 285 |
employment service submits a request for a determination of | 286 |
whether a person the service plans to refer to an employment | 287 |
position has been convicted of or pleaded guilty to an offense | 288 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 289 |
109.572 of the Revised Code, the request shall be treated as a | 290 |
single request and only one fee shall be charged.
| 291 |
(2)(a) In addition to or in conjunction with any request that | 297 |
is required to be made under section 109.572, 2151.86, 3301.32, | 298 |
3301.541, 3319.39, 3319.391, 3327.10, 3701.881, 5104.012, | 299 |
5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 300 |
Code or that is made under section 3314.41, 3319.392, or 3326.25 | 301 |
of the Revised Code, the board of education of any school | 302 |
district; the director of developmental disabilities; any county | 303 |
board of developmental disabilities; any entity under contract | 304 |
with a county board of developmental disabilities; the chief | 305 |
administrator of any chartered nonpublic school; the chief | 306 |
administrator of any home health agency; the chief administrator | 307 |
of or person operating any child day-care center, type A family | 308 |
day-care home, or type B family day-care home licensed or | 309 |
certified under Chapter 5104. of the Revised Code; the | 310 |
administrator of any type C family day-care home certified | 311 |
pursuant to Section 1 of Sub. H.B. 62 of the 121st general | 312 |
assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general | 313 |
assembly; the chief administrator of any head start agency; the | 314 |
executive director of a public children services agency; a private | 315 |
company described in section 3314.41, 3319.392, or 3326.25 of the | 316 |
Revised Code; or an employer described in division (J)(2) of | 317 |
section 3327.10 of the Revised Code may request that the | 318 |
superintendent of the bureau investigate and determine, with | 319 |
respect to any individual who has applied for employment in any | 320 |
position after October 2, 1989, or any individual wishing to apply | 321 |
for employment with a board of education may request, with regard | 322 |
to the individual, whether the bureau has any information gathered | 323 |
under division (A) of this section that pertains to that | 324 |
individual. On receipt of the request, the superintendent shall | 325 |
determine whether that information exists and, upon request of the | 326 |
person, board, or entity requesting information, also shall | 327 |
request from the federal bureau of investigation any criminal | 328 |
records it has pertaining to that individual. The superintendent | 329 |
or the superintendent's designee also may request criminal history | 330 |
records from other states or the federal government pursuant to | 331 |
the national crime prevention and privacy compact set forth in | 332 |
section 109.571 of the Revised Code. Within thirty days of the | 333 |
date that the superintendent receives a request, the | 334 |
superintendent shall send to the board, entity, or person a report | 335 |
of any information that the superintendent determines exists, | 336 |
including information contained in records that have been sealed | 337 |
under section 2953.32 of the Revised Code, and, within thirty days | 338 |
of its receipt, shall send the board, entity, or person a report | 339 |
of any information received from the federal bureau of | 340 |
investigation, other than information the dissemination of which | 341 |
is prohibited by federal law.
| 342 |
(b) When a board of education is required to receive | 343 |
information under this section as a prerequisite to employment of | 344 |
an individual pursuant to section 3319.39 of the Revised Code, it | 345 |
may accept a certified copy of records that were issued by the | 346 |
bureau of criminal identification and investigation and that are | 347 |
presented by an individual applying for employment with the | 348 |
district in lieu of requesting that information itself. In such a | 349 |
case, the board shall accept the certified copy issued by the | 350 |
bureau in order to make a photocopy of it for that individual's | 351 |
employment application documents and shall return the certified | 352 |
copy to the individual. In a case of that nature, a district only | 353 |
shall accept a certified copy of records of that nature within one | 354 |
year after the date of their issuance by the bureau.
| 355 |
(G) In addition to or in conjunction with any request that is | 384 |
required to be made under section 3701.881, 3712.09, 3721.121, or | 385 |
3722.151 of the Revised Code with respect to an individual who has | 386 |
applied for employment in a position that involves providing | 387 |
direct care to an older adult, the chief administrator of a home | 388 |
health agency, hospice care program, home licensed under Chapter | 389 |
3721. of the Revised Code, adult day-care program operated | 390 |
pursuant to rules adopted under section 3721.04 of the Revised | 391 |
Code, or adult care facility may request that the superintendent | 392 |
of the bureau investigate and determine, with respect to any | 393 |
individual who has applied after January 27, 1997, for employment | 394 |
in a position that does not involve providing direct care to an | 395 |
older adult, whether the bureau has any information gathered under | 396 |
division (A) of this section that pertains to that individual.
| 397 |
In addition to or in conjunction with any request that is | 398 |
required to be made under section 173.27 of the Revised Code with | 399 |
respect to an individual who has applied for employment in a | 400 |
position that involves providing ombudsperson services to | 401 |
residents of long-term care facilities or recipients of | 402 |
community-based long-term care services, the state long-term care | 403 |
ombudsperson, ombudsperson's designee, or director of health may | 404 |
request that the superintendent investigate and determine, with | 405 |
respect to any individual who has applied for employment in a | 406 |
position that does not involve providing such ombudsperson | 407 |
services, whether the bureau has any information gathered under | 408 |
division (A) of this section that pertains to that applicant.
| 409 |
On receipt of a request under this division, the | 420 |
superintendent shall determine whether that information exists | 421 |
and, on request of the individual requesting information, shall | 422 |
also request from the federal bureau of investigation any criminal | 423 |
records it has pertaining to the applicant. The superintendent or | 424 |
the superintendent's designee also may request criminal history | 425 |
records from other states or the federal government pursuant to | 426 |
the national crime prevention and privacy compact set forth in | 427 |
section 109.571 of the Revised Code. Within thirty days of the | 428 |
date a request is received, the superintendent shall send to the | 429 |
requester a report of any information determined to exist, | 430 |
including information contained in records that have been sealed | 431 |
under section 2953.32 of the Revised Code, and, within thirty days | 432 |
of its receipt, shall send the requester a report of any | 433 |
information received from the federal bureau of investigation, | 434 |
other than information the dissemination of which is prohibited by | 435 |
federal law.
| 436 |
(1) Concerning any child who on or about the date specified | 448 |
in the complaint, indictment, or information is alleged to have | 449 |
violated section 2151.87 of the Revised Code or an order issued | 450 |
under that section or to be a juvenile traffic offender or a | 451 |
delinquent, unruly, abused, neglected, or dependent child and, | 452 |
based on and in relation to the allegation pertaining to the | 453 |
child, concerning the parent, guardian, or other person having | 454 |
care of a child who is alleged to be an unruly or delinquent child | 455 |
for being an habitual or chronic truant;
| 456 |
(6) To hear and determine all criminal cases in which an | 470 |
adult is charged with a violation of division (C) of section | 471 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 472 |
division (B) of section 2919.23, or section 2919.24 of the Revised | 473 |
Code, provided the charge is not included in an indictment that | 474 |
also charges the alleged adult offender with the commission of a | 475 |
felony arising out of the same actions that are the basis of the | 476 |
alleged violation of division (C) of section 2919.21, division | 477 |
(B)(1) of section 2919.22, section 2919.222, division (B) of | 478 |
section 2919.23, or section 2919.24 of the Revised Code;
| 479 |
(C) The juvenile court, except as to juvenile courts that are | 551 |
a separate division of the court of common pleas or a separate and | 552 |
independent juvenile court, has jurisdiction to hear, determine, | 553 |
and make a record of any action for divorce or legal separation | 554 |
that involves the custody or care of children and that is filed in | 555 |
the court of common pleas and certified by the court of common | 556 |
pleas with all the papers filed in the action to the juvenile | 557 |
court for trial, provided that no certification of that nature | 558 |
shall be made to any juvenile court unless the consent of the | 559 |
juvenile judge first is obtained. After a certification of that | 560 |
nature is made and consent is obtained, the juvenile court shall | 561 |
proceed as if the action originally had been begun in that court, | 562 |
except as to awards for spousal support or support due and unpaid | 563 |
at the time of certification, over which the juvenile court has no | 564 |
jurisdiction.
| 565 |
(G) Any juvenile court that makes or modifies an order for | 587 |
child support shall comply with Chapters 3119., 3121., 3123., and | 588 |
3125. of the Revised Code. If any person required to pay child | 589 |
support under an order made by a juvenile court on or after April | 590 |
15, 1985, or modified on or after December 1, 1986, is found in | 591 |
contempt of court for failure to make support payments under the | 592 |
order, the court that makes the finding, in addition to any other | 593 |
penalty or remedy imposed, shall assess all court costs arising | 594 |
out of the contempt proceeding against the person and require the | 595 |
person to pay any reasonable attorney's fees of any adverse party, | 596 |
as determined by the court, that arose in relation to the act of | 597 |
contempt.
| 598 |
(H) If a child who is charged with an act that would be an | 599 |
offense if committed by an adult was fourteen years of age or | 600 |
older and under eighteen years of age at the time of the alleged | 601 |
act and if the case is transferred for criminal prosecution | 602 |
pursuant to section 2152.12 of the Revised Code, the juvenile | 603 |
court does not have jurisdiction to hear or determine the case | 604 |
subsequent to the transfer. The court to which the case is | 605 |
transferred for criminal prosecution pursuant to that section has | 606 |
jurisdiction subsequent to the transfer to hear and determine the | 607 |
case in the same manner as if the case originally had been | 608 |
commenced in that court, including, but not limited to, | 609 |
jurisdiction to accept a plea of guilty or another plea authorized | 610 |
by Criminal Rule 11 or another section of the Revised Code and | 611 |
jurisdiction to accept a verdict and to enter a judgment of | 612 |
conviction pursuant to the Rules of Criminal Procedure against the | 613 |
child for the commission of the offense that was the basis of the | 614 |
transfer of the case for criminal prosecution, whether the | 615 |
conviction is for the same degree or a lesser degree of the | 616 |
offense charged, for the commission of a lesser-included offense, | 617 |
or for the commission of another offense that is different from | 618 |
the offense charged.
| 619 |
(I) If a person under eighteen years of age allegedly commits | 620 |
an act that would be a felony if committed by an adult and if the | 621 |
person is not taken into custody or apprehended for that act until | 622 |
after the person attains twenty-one years of age, the juvenile | 623 |
court does not have jurisdiction to hear or determine any portion | 624 |
of the case charging the person with committing that act. In those | 625 |
circumstances, divisions (A) and (B) of section 2152.12 of the | 626 |
Revised Code do not apply regarding the act, and the case charging | 627 |
the person with committing the act shall be a criminal prosecution | 628 |
commenced and heard in the appropriate court having jurisdiction | 629 |
of the offense as if the person had been eighteen years of age or | 630 |
older when the person committed the act. All proceedings | 631 |
pertaining to the act shall be within the jurisdiction of the | 632 |
court having jurisdiction of the offense, and that court has all | 633 |
the authority and duties in the case that it has in other criminal | 634 |
cases in that court.
| 635 |
(D)(1) If a person who files a petition pursuant to this | 700 |
section requests an ex parte order, the court shall hold an ex | 701 |
parte hearing as soon as possible after the petition is filed, but | 702 |
not later than the next day after the court is in session after | 703 |
the petition is filed. The court, for good cause shown at the ex | 704 |
parte hearing, may enter any temporary orders, with or without | 705 |
bond, that the court finds necessary for the safety and protection | 706 |
of the person to be protected by the order. Immediate and present | 707 |
danger to the person to be protected by the protection order | 708 |
constitutes good cause for purposes of this section. Immediate and | 709 |
present danger includes, but is not limited to, situations in | 710 |
which the respondent has threatened the person to be protected by | 711 |
the protection order with bodily harm or in which the respondent | 712 |
previously has been convicted of, pleaded guilty to, or been | 713 |
adjudicated a delinquent child for committing a violation of | 714 |
section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, 2903.22, or | 715 |
2911.211 of the Revised Code, a sexually oriented offense, or a | 716 |
violation of any municipal ordinance that is substantially | 717 |
equivalent to any of those offenses against the person to be | 718 |
protected by the protection order. | 719 |
(2)(a) If the court, after an ex parte hearing, issues a | 720 |
protection order described in division (E) of this section, the | 721 |
court shall schedule a full hearing for a date that is within ten | 722 |
court days after the ex parte hearing. The court shall give the | 723 |
respondent notice of, and an opportunity to be heard at, the full | 724 |
hearing. The court also shall give notice of the full hearing to | 725 |
the parent, guardian, or legal custodian of the respondent. The | 726 |
court shall hold the full hearing on the date scheduled under this | 727 |
division unless the court grants a continuance of the hearing in | 728 |
accordance with this division. Under any of the following | 729 |
circumstances or for any of the following reasons, the court may | 730 |
grant a continuance of the full hearing to a reasonable time | 731 |
determined by the court: | 732 |
(b) After a full hearing, if the court considering a petition | 755 |
that includes an allegation of the type described in division | 756 |
(C)(2)(b) of this section or the court, upon its own motion, finds | 757 |
upon clear and convincing evidence that the petitioner reasonably | 758 |
believed that the respondent's conduct at any time preceding the | 759 |
filing of the petition endangered the health, welfare, or safety | 760 |
of the person to be protected and that the respondent presents a | 761 |
continuing danger to the person to be protected and if division | 762 |
(N) of this section does not prohibit the issuance of an order | 763 |
that the respondent be electronically monitored, the court may | 764 |
order that the respondent be electronically monitored for a period | 765 |
of time and under the terms and conditions that the court | 766 |
determines are appropriate. Electronic monitoring shall be in | 767 |
addition to any other relief granted to the petitioner. | 768 |
(d) After a full hearing at which the respondent presents | 789 |
evidence in support of the request for a protection order and the | 790 |
petitioner is afforded an opportunity to defend against that | 791 |
evidence, the court determines that the petitioner has committed a | 792 |
violation of section 2903.11, 2903.12, 2903.13, 2903.21, 2903.211, | 793 |
2903.22, or 2911.211 of the Revised Code, a sexually oriented | 794 |
offense, or a violation of any municipal ordinance that is | 795 |
substantially equivalent to any of those offenses against the | 796 |
person to be protected by the protection order issued pursuant to | 797 |
division (E)(3) of this section, or has violated a protection | 798 |
order issued pursuant to this section or section 2903.213 of the | 799 |
Revised Code relative to the person to be protected by the | 800 |
protection order issued pursuant to division (E)(3) of this | 801 |
section. | 802 |
(G) Any proceeding under this section shall be conducted in | 853 |
accordance with the Rules of Civil Procedure, except that a | 854 |
protection order may be obtained under this section with or | 855 |
without bond. An order issued under this section, other than an ex | 856 |
parte order, that grants a protection order, or that refuses to | 857 |
grant a protection order, is a final, appealable order. The | 858 |
remedies and procedures provided in this section are in addition | 859 |
to, and not in lieu of, any other available civil or criminal | 860 |
remedies or any other available remedies under Chapter 2151. or | 861 |
2152. of the Revised Code. | 862 |
(J) Notwithstanding any provision of law to the contrary and | 875 |
regardless of whether a protection order is issued or a consent | 876 |
agreement is approved by a court of another county or by a court | 877 |
of another state, no court or unit of state or local government | 878 |
shall charge any fee, cost, deposit, or money in connection with | 879 |
the filing of a petition pursuant to this section, in connection | 880 |
with the filing, issuance, registration, or service of a | 881 |
protection order or consent agreement, or for obtaining a | 882 |
certified copy of a protection order or consent agreement. | 883 |
(M)(1) A petitioner who obtains a protection order under this | 904 |
section may provide notice of the issuance or approval of the | 905 |
order to the judicial and law enforcement officials in any county | 906 |
other than the county in which the order is issued by registering | 907 |
that order in the other county pursuant to division (M)(2) of this | 908 |
section and filing a copy of the registered order with a law | 909 |
enforcement agency in the other county in accordance with that | 910 |
division. A person who obtains a protection order issued by a | 911 |
court of another state may provide notice of the issuance of the | 912 |
order to the judicial and law enforcement officials in any county | 913 |
of this state by registering the order in that county pursuant to | 914 |
section 2919.272 of the Revised Code and filing a copy of the | 915 |
registered order with a law enforcement agency in that county. | 916 |
(N) If the court orders electronic monitoring of the | 936 |
respondent under this section, the court shall direct the | 937 |
sheriff's office or any other appropriate law enforcement agency | 938 |
to install the electronic monitoring device and to monitor the | 939 |
respondent. Unless the court determines that the respondent is | 940 |
indigent, the court shall order the respondent to pay the cost of | 941 |
the installation and monitoring of the electronic monitoring | 942 |
device. If the court determines that the respondent is indigent | 943 |
and subject to the maximum amount allowable to be paid in any year | 944 |
from the fund and the rules promulgated by the attorney general | 945 |
under section 2903.214 of the Revised Code, the cost of the | 946 |
installation and monitoring of the electronic monitoring device | 947 |
may be paid out of funds from the reparations fund created | 948 |
pursuant to section 2743.191 of the Revised Code. The total amount | 949 |
paid from the reparations fund created pursuant to section | 950 |
2743.191 of the Revised Code for electronic monitoring under this | 951 |
section and sections 2903.214 and 2919.27 of the Revised Code | 952 |
shall not exceed three hundred thousand dollars per year. When the | 953 |
total amount paid from the reparations fund in any year for | 954 |
electronic monitoring under those sections equals or exceeds three | 955 |
hundred thousand dollars, the court shall not order pursuant to | 956 |
this section that an indigent respondent be electronically | 957 |
monitored. | 958 |
(b) If the prosecuting attorney does not file a response with | 984 |
the court or if the prosecuting attorney files a response but | 985 |
indicates that the prosecuting attorney does not object to the | 986 |
expungement of the records, the court may order the records of the | 987 |
person that are under consideration to be expunged without | 988 |
conducting a hearing on the application. If the court decides in | 989 |
its discretion to conduct a hearing on the application, the court | 990 |
shall conduct the hearing within thirty days after making that | 991 |
decision and shall give notice, by regular mail, of the date, | 992 |
time, and location of the hearing to the prosecuting attorney and | 993 |
to the person who is the subject of the records under | 994 |
consideration.
| 995 |
(3)(a) If a juvenile court that issues a protection order or | 1043 |
approves a consent agreement under section 2151.34 or 3113.31 of | 1044 |
the Revised Code determines that the person against whom the | 1045 |
protection order was issued or the consent agreement approved has | 1046 |
not complied with all of the terms of the protection order or | 1047 |
consent agreement, the court shall consider sealing all of the | 1048 |
records of the proceeding in which the order was issued or | 1049 |
agreement approved upon the court's own motion or upon the | 1050 |
application of a person. The court may make the motion or the | 1051 |
person who is the subject of the records under consideration may | 1052 |
apply for an order sealing the records of the proceeding at any | 1053 |
time after two years after the expiration of the protection order | 1054 |
or consent agreement. | 1055 |
If the victim or the victim's attorney does not file a | 1068 |
response with the court or if the victim or the victim's attorney | 1069 |
files a response but indicates that the victim or the victim's | 1070 |
attorney does not object to the sealing of the records, the court | 1071 |
may order the records of the person that are under consideration | 1072 |
to be sealed without conducting a hearing on the motion or | 1073 |
application. If the court decides in its discretion to conduct a | 1074 |
hearing on the motion or application, the court shall conduct the | 1075 |
hearing within thirty days after making that decision and shall | 1076 |
give notice, by regular mail, of the date, time, and location of | 1077 |
the hearing to the victim or the victim's attorney and to the | 1078 |
person who is the subject of the records under consideration. | 1079 |
(6) The juvenile court has jurisdiction over a person who is | 1191 |
adjudicated a delinquent child or juvenile traffic offender prior | 1192 |
to attaining eighteen years of age until the person attains | 1193 |
twenty-one years of age, and, for purposes of that jurisdiction | 1194 |
related to that adjudication, except as otherwise provided in this | 1195 |
division, a person who is so adjudicated a delinquent child or | 1196 |
juvenile traffic offender shall be deemed a "child" until the | 1197 |
person attains twenty-one years of age. If a person is so | 1198 |
adjudicated a delinquent child or juvenile traffic offender and | 1199 |
the court makes a disposition of the person under this chapter, at | 1200 |
any time after the person attains eighteen years of age, the | 1201 |
places at which the person may be held under that disposition are | 1202 |
not limited to places authorized under this chapter solely for | 1203 |
confinement of children, and the person may be confined under that | 1204 |
disposition, in accordance with division (F)(2) of section 2152.26 | 1205 |
of the Revised Code, in places other than those authorized under | 1206 |
this chapter solely for confinement of children. | 1207 |
(DD) "Non-economic loss" means nonpecuniary harm suffered by | 1328 |
a victim of a delinquent act or juvenile traffic offense as a | 1329 |
result of or related to the delinquent act or juvenile traffic | 1330 |
offense, including, but not limited to, pain and suffering; loss | 1331 |
of society, consortium, companionship, care, assistance, | 1332 |
attention, protection, advice, guidance, counsel, instruction, | 1333 |
training, or education; mental anguish; and any other intangible | 1334 |
loss. | 1335 |
Sec. 2301.03. (A) In Franklin county, the judges of the | 1336 |
court of common pleas whose terms begin on January 1, 1953, | 1337 |
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 1338 |
1997, and successors, shall have the same qualifications, exercise | 1339 |
the same powers and jurisdiction, and receive the same | 1340 |
compensation as other judges of the court of common pleas of | 1341 |
Franklin county and shall be elected and designated as judges of | 1342 |
the court of common pleas, division of domestic relations. They | 1343 |
shall have all the powers relating to juvenile courts, and all | 1344 |
cases under Chapters 2151. and 2152. of the Revised Code, all | 1345 |
parentage proceedings under Chapter 3111. of the Revised Code over | 1346 |
which the juvenile court has jurisdiction, and all divorce, | 1347 |
dissolution of marriage, legal separation, and annulment cases | 1348 |
shall be assigned to them. In addition to the judge's regular | 1349 |
duties, the judge who is senior in point of service shall serve on | 1350 |
the children services board and the county advisory board and | 1351 |
shall be the administrator of the domestic relations division and | 1352 |
its subdivisions and departments. | 1353 |
(2) The judges of the court of common pleas whose terms begin | 1361 |
on January 5, 1957, January 16, 1981, and July 1, 1991, and | 1362 |
successors, shall be elected and designated as judges of the court | 1363 |
of common pleas, division of domestic relations, and shall have | 1364 |
assigned to them all divorce, dissolution of marriage, legal | 1365 |
separation, and annulment cases coming before the court. On or | 1366 |
after the first day of July and before the first day of August of | 1367 |
1991 and each year thereafter, a majority of the judges of the | 1368 |
division of domestic relations shall elect one of the judges of | 1369 |
the division as administrative judge of that division. If a | 1370 |
majority of the judges of the division of domestic relations are | 1371 |
unable for any reason to elect an administrative judge for the | 1372 |
division before the first day of August, a majority of the judges | 1373 |
of the Hamilton county court of common pleas, as soon as possible | 1374 |
after that date, shall elect one of the judges of the division of | 1375 |
domestic relations as administrative judge of that division. The | 1376 |
term of the administrative judge shall begin on the earlier of the | 1377 |
first day of August of the year in which the administrative judge | 1378 |
is elected or the date on which the administrative judge is | 1379 |
elected by a majority of the judges of the Hamilton county court | 1380 |
of common pleas and shall terminate on the date on which the | 1381 |
administrative judge's successor is elected in the following year. | 1382 |
In addition to the judge's regular duties, the administrative | 1383 |
judge of the division of domestic relations shall be the | 1384 |
administrator of the domestic relations division and its | 1385 |
subdivisions and departments and shall have charge of the | 1386 |
employment, assignment, and supervision of the personnel of the | 1387 |
division engaged in handling, servicing, or investigating divorce, | 1388 |
dissolution of marriage, legal separation, and annulment cases, | 1389 |
including any referees considered necessary by the judges in the | 1390 |
discharge of their various duties. | 1391 |
The administrative judge of the division of domestic | 1392 |
relations also shall designate the title, compensation, expense | 1393 |
allowances, hours, leaves of absence, and vacations of the | 1394 |
personnel of the division, and shall fix the duties of its | 1395 |
personnel. The duties of the personnel, in addition to those | 1396 |
provided for in other sections of the Revised Code, shall include | 1397 |
the handling, servicing, and investigation of divorce, dissolution | 1398 |
of marriage, legal separation, and annulment cases and counseling | 1399 |
and conciliation services that may be made available to persons | 1400 |
requesting them, whether or not the persons are parties to an | 1401 |
action pending in the division. | 1402 |
The board of county commissioners shall appropriate the sum | 1403 |
of money each year as will meet all the administrative expenses of | 1404 |
the division of domestic relations, including reasonable expenses | 1405 |
of the domestic relations judges and the division counselors and | 1406 |
other employees designated to conduct the handling, servicing, and | 1407 |
investigation of divorce, dissolution of marriage, legal | 1408 |
separation, and annulment cases, conciliation and counseling, and | 1409 |
all matters relating to those cases and counseling, and the | 1410 |
expenses involved in the attendance of division personnel at | 1411 |
domestic relations and welfare conferences designated by the | 1412 |
division, and the further sum each year as will provide for the | 1413 |
adequate operation of the division of domestic relations. | 1414 |
The summonses, warrants, citations, subpoenas, and other | 1420 |
writs of the division may issue to a bailiff, constable, or staff | 1421 |
investigator of the division or to the sheriff of any county or | 1422 |
any marshal, constable, or police officer, and the provisions of | 1423 |
law relating to the subpoenaing of witnesses in other cases shall | 1424 |
apply insofar as they are applicable. When a summons, warrant, | 1425 |
citation, subpoena, or other writ is issued to an officer, other | 1426 |
than a bailiff, constable, or staff investigator of the division, | 1427 |
the expense of serving it shall be assessed as a part of the costs | 1428 |
in the case involved. | 1429 |
(3) The judge of the court of common pleas of Hamilton county | 1430 |
whose term begins on January 3, 1997, and the successors to that | 1431 |
judge shall each be elected and designated as the drug court judge | 1432 |
of the court of common pleas of Hamilton county. The drug court | 1433 |
judge may accept or reject any case referred to the drug court | 1434 |
judge under division (B)(3) of this section. After the drug court | 1435 |
judge accepts a referred case, the drug court judge has full | 1436 |
authority over the case, including the authority to conduct | 1437 |
arraignment, accept pleas, enter findings and dispositions, | 1438 |
conduct trials, order treatment, and if treatment is not | 1439 |
successfully completed pronounce and enter sentence. | 1440 |
A judge of the general division of the court of common pleas | 1441 |
of Hamilton county and a judge of the Hamilton county municipal | 1442 |
court may refer to the drug court judge any case, and any | 1443 |
companion cases, the judge determines meet the criteria described | 1444 |
under divisions (B)(3)(a) and (b) of this section. If the drug | 1445 |
court judge accepts referral of a referred case, the case, and any | 1446 |
companion cases, shall be transferred to the drug court judge. A | 1447 |
judge may refer a case meeting the criteria described in divisions | 1448 |
(B)(3)(a) and (b) of this section that involves a violation of a | 1449 |
condition of a community control sanction to the drug court judge, | 1450 |
and, if the drug court judge accepts the referral, the referring | 1451 |
judge and the drug court judge have concurrent jurisdiction over | 1452 |
the case. | 1453 |
(a) The judges of the court of common pleas whose terms begin | 1502 |
on January 3, 1959, January 4, 1989, and January 2, 1999, and | 1503 |
successors, and the judge of the court of common pleas whose term | 1504 |
begins on February 9, 2009, shall have the same qualifications, | 1505 |
exercise the same powers and jurisdiction, and receive the same | 1506 |
compensation as the other judges of the court of common pleas of | 1507 |
Lorain county and shall be elected and designated as the judges of | 1508 |
the court of common pleas, division of domestic relations. The | 1509 |
judges of the court of common pleas whose terms begin on January | 1510 |
3, 1959, January 4, 1989, and January 2, 1999, and successors, | 1511 |
shall have all of the powers relating to juvenile courts, and all | 1512 |
cases under Chapters 2151. and 2152. of the Revised Code, all | 1513 |
parentage proceedings over which the juvenile court has | 1514 |
jurisdiction, and all divorce, dissolution of marriage, legal | 1515 |
separation, and annulment cases shall be assigned to them, except | 1516 |
cases that for some special reason are assigned to some other | 1517 |
judge of the court of common pleas. From February 9, 2009, through | 1518 |
September 28, 2009, the judge of the court of common pleas whose | 1519 |
term begins on February 9, 2009, shall have all the powers | 1520 |
relating to juvenile courts, and cases under Chapters 2151. and | 1521 |
2152. of the Revised Code, parentage proceedings over which the | 1522 |
juvenile court has jurisdiction, and divorce, dissolution of | 1523 |
marriage, legal separation, and annulment cases shall be assigned | 1524 |
to that judge, except cases that for some special reason are | 1525 |
assigned to some other judge of the court of common pleas. | 1526 |
(2) The judges of the court of common pleas whose terms begin | 1568 |
on January 5, 1977, and January 2, 1991, and successors shall have | 1569 |
the same qualifications, exercise the same powers and | 1570 |
jurisdiction, and receive the same compensation as other judges of | 1571 |
the court of common pleas of Lucas county, shall be elected and | 1572 |
designated as judges of the court of common pleas, juvenile | 1573 |
division, and shall be the juvenile judges as provided in Chapters | 1574 |
2151. and 2152. of the Revised Code with the powers and | 1575 |
jurisdictions conferred by those chapters. In addition to the | 1576 |
judge's regular duties, the judge of the court of common pleas, | 1577 |
juvenile division, senior in point of service, shall be the | 1578 |
administrator of the juvenile division and its subdivisions and | 1579 |
departments and shall have charge of the employment, assignment, | 1580 |
and supervision of the personnel of the division engaged in | 1581 |
handling, servicing, or investigating juvenile cases, including | 1582 |
any referees considered necessary by the judges of the division in | 1583 |
the discharge of their various duties. | 1584 |
The judge of the court of common pleas, juvenile division, | 1585 |
senior in point of service, also shall designate the title, | 1586 |
compensation, expense allowance, hours, leaves of absence, and | 1587 |
vacation of the personnel of the division and shall fix the duties | 1588 |
of the personnel of the division. The duties of the personnel, in | 1589 |
addition to other statutory duties include the handling, | 1590 |
servicing, and investigation of juvenile cases and counseling and | 1591 |
conciliation services that may be made available to persons | 1592 |
requesting them, whether or not the persons are parties to an | 1593 |
action pending in the division. | 1594 |
(1) The judge of the court of common pleas whose term began | 1602 |
on January 1, 1955, and successors, shall have the same | 1603 |
qualifications, exercise the same powers and jurisdiction, and | 1604 |
receive the same compensation as other judges of the court of | 1605 |
common pleas of Mahoning county, shall be elected and designated | 1606 |
as judge of the court of common pleas, division of domestic | 1607 |
relations, and shall be assigned all the divorce, dissolution of | 1608 |
marriage, legal separation, and annulment cases coming before the | 1609 |
court. In addition to the judge's regular duties, the judge of the | 1610 |
court of common pleas, division of domestic relations, shall be | 1611 |
the administrator of the domestic relations division and its | 1612 |
subdivisions and departments and shall have charge of the | 1613 |
employment, assignment, and supervision of the personnel of the | 1614 |
division engaged in handling, servicing, or investigating divorce, | 1615 |
dissolution of marriage, legal separation, and annulment cases, | 1616 |
including any referees considered necessary in the discharge of | 1617 |
the various duties of the judge's office. | 1618 |
The judge also shall designate the title, compensation, | 1619 |
expense allowances, hours, leaves of absence, and vacations of the | 1620 |
personnel of the division and shall fix the duties of the | 1621 |
personnel of the division. The duties of the personnel, in | 1622 |
addition to other statutory duties, include the handling, | 1623 |
servicing, and investigation of divorce, dissolution of marriage, | 1624 |
legal separation, and annulment cases and counseling and | 1625 |
conciliation services that may be made available to persons | 1626 |
requesting them, whether or not the persons are parties to an | 1627 |
action pending in the division. | 1628 |
(2) The judge of the court of common pleas whose term began | 1629 |
on January 2, 1969, and successors, shall have the same | 1630 |
qualifications, exercise the same powers and jurisdiction, and | 1631 |
receive the same compensation as other judges of the court of | 1632 |
common pleas of Mahoning county, shall be elected and designated | 1633 |
as judge of the court of common pleas, juvenile division, and | 1634 |
shall be the juvenile judge as provided in Chapters 2151. and | 1635 |
2152. of the Revised Code, with the powers and jurisdictions | 1636 |
conferred by those chapters. In addition to the judge's regular | 1637 |
duties, the judge of the court of common pleas, juvenile division, | 1638 |
shall be the administrator of the juvenile division and its | 1639 |
subdivisions and departments and shall have charge of the | 1640 |
employment, assignment, and supervision of the personnel of the | 1641 |
division engaged in handling, servicing, or investigating juvenile | 1642 |
cases, including any referees considered necessary by the judge in | 1643 |
the discharge of the judge's various duties. | 1644 |
The judge also shall designate the title, compensation, | 1645 |
expense allowances, hours, leaves of absence, and vacation of the | 1646 |
personnel of the division and shall fix the duties of the | 1647 |
personnel of the division. The duties of the personnel, in | 1648 |
addition to other statutory duties, include the handling, | 1649 |
servicing, and investigation of juvenile cases and counseling and | 1650 |
conciliation services that may be made available to persons | 1651 |
requesting them, whether or not the persons are parties to an | 1652 |
action pending in the division. | 1653 |
The judge of the division of domestic relations, senior in | 1670 |
point of service, shall be charged exclusively with the assignment | 1671 |
and division of the work of the division and shall have charge of | 1672 |
the employment and supervision of the personnel of the division | 1673 |
engaged in handling, servicing, or investigating divorce, | 1674 |
dissolution of marriage, legal separation, and annulment cases, | 1675 |
including any necessary referees, except those employees who may | 1676 |
be appointed by the judge, junior in point of service, under this | 1677 |
section and sections 2301.12, 2301.18, and 2301.19 of the Revised | 1678 |
Code. The judge of the division of domestic relations, senior in | 1679 |
point of service, also shall designate the title, compensation, | 1680 |
expense allowances, hours, leaves of absence, and vacation of the | 1681 |
personnel of the division and shall fix their duties. | 1682 |
(2) The judges of the court of common pleas whose terms begin | 1683 |
on January 1, 1953, and January 1, 1993, and successors, shall | 1684 |
have the same qualifications, exercise the same powers and | 1685 |
jurisdiction, and receive the same compensation as other judges of | 1686 |
the court of common pleas of Montgomery county, shall be elected | 1687 |
and designated as judges of the court of common pleas, juvenile | 1688 |
division, and shall be, and have the powers and jurisdiction of, | 1689 |
the juvenile judge as provided in Chapters 2151. and 2152. of the | 1690 |
Revised Code. | 1691 |
In addition to the judge's regular duties, the judge of the | 1692 |
court of common pleas, juvenile division, senior in point of | 1693 |
service, shall be the administrator of the juvenile division and | 1694 |
its subdivisions and departments and shall have charge of the | 1695 |
employment, assignment, and supervision of the personnel of the | 1696 |
juvenile division, including any necessary referees, who are | 1697 |
engaged in handling, servicing, or investigating juvenile cases. | 1698 |
The judge, senior in point of service, also shall designate the | 1699 |
title, compensation, expense allowances, hours, leaves of absence, | 1700 |
and vacation of the personnel of the division and shall fix their | 1701 |
duties. The duties of the personnel, in addition to other | 1702 |
statutory duties, shall include the handling, servicing, and | 1703 |
investigation of juvenile cases and of any counseling and | 1704 |
conciliation services that are available upon request to persons, | 1705 |
whether or not they are parties to an action pending in the | 1706 |
division. | 1707 |
(1) The judge of the court of common pleas whose term begins | 1715 |
on January 1, 1957, and successors, shall have the same | 1716 |
qualifications, exercise the same powers and jurisdiction, and | 1717 |
receive the same compensation as the other judges of the court of | 1718 |
common pleas of Richland county and shall be elected and | 1719 |
designated as judge of the court of common pleas, division of | 1720 |
domestic relations. That judge shall be assigned and hear all | 1721 |
divorce, dissolution of marriage, legal separation, and annulment | 1722 |
cases, all domestic violence cases arising under section 3113.31 | 1723 |
of the Revised Code, and all post-decree proceedings arising from | 1724 |
any case pertaining to any of those matters. The division of | 1725 |
domestic relations has concurrent jurisdiction with the juvenile | 1726 |
division of the court of common pleas of Richland county to | 1727 |
determine the care, custody, or control of any child not a ward of | 1728 |
another court of this state, and to hear and determine a request | 1729 |
for an order for the support of any child if the request is not | 1730 |
ancillary to an action for divorce, dissolution of marriage, | 1731 |
annulment, or legal separation, a criminal or civil action | 1732 |
involving an allegation of domestic violence, or an action for | 1733 |
support brought under Chapter 3115. of the Revised Code. Except in | 1734 |
cases that are subject to the exclusive original jurisdiction of | 1735 |
the juvenile court, the judge of the division of domestic | 1736 |
relations shall be assigned and hear all cases pertaining to | 1737 |
paternity or parentage, the care, custody, or control of children, | 1738 |
parenting time or visitation, child support, or the allocation of | 1739 |
parental rights and responsibilities for the care of children, all | 1740 |
proceedings arising under Chapter 3111. of the Revised Code, all | 1741 |
proceedings arising under the uniform interstate family support | 1742 |
act contained in Chapter 3115. of the Revised Code, and all | 1743 |
post-decree proceedings arising from any case pertaining to any of | 1744 |
those matters. | 1745 |
In addition to the judge's regular duties, the judge of the | 1746 |
court of common pleas, division of domestic relations, shall be | 1747 |
the administrator of the domestic relations division and its | 1748 |
subdivisions and departments. The judge shall have charge of the | 1749 |
employment, assignment, and supervision of the personnel of the | 1750 |
domestic relations division, including any magistrates the judge | 1751 |
considers necessary for the discharge of the judge's duties. The | 1752 |
judge shall also designate the title, compensation, expense | 1753 |
allowances, hours, leaves of absence, vacation, and other | 1754 |
employment-related matters of the personnel of the division and | 1755 |
shall fix their duties. | 1756 |
(2) The judge of the court of common pleas whose term begins | 1757 |
on January 3, 2005, and successors, shall have the same | 1758 |
qualifications, exercise the same powers and jurisdiction, and | 1759 |
receive the same compensation as other judges of the court of | 1760 |
common pleas of Richland county, shall be elected and designated | 1761 |
as judge of the court of common pleas, juvenile division, and | 1762 |
shall be, and have the powers and jurisdiction of, the juvenile | 1763 |
judge as provided in Chapters 2151. and 2152. of the Revised Code. | 1764 |
Except in cases that are subject to the exclusive original | 1765 |
jurisdiction of the juvenile court, the judge of the juvenile | 1766 |
division shall not have jurisdiction or the power to hear, and | 1767 |
shall not be assigned, any case pertaining to paternity or | 1768 |
parentage, the care, custody, or control of children, parenting | 1769 |
time or visitation, child support, or the allocation of parental | 1770 |
rights and responsibilities for the care of children or any | 1771 |
post-decree proceeding arising from any case pertaining to any of | 1772 |
those matters. The judge of the juvenile division shall not have | 1773 |
jurisdiction or the power to hear, and shall not be assigned, any | 1774 |
proceeding under the uniform interstate family support act | 1775 |
contained in Chapter 3115. of the Revised Code. | 1776 |
The judge of the juvenile division also shall designate the | 1785 |
title, compensation, expense allowances, hours, leaves of absence, | 1786 |
and vacation of the personnel of the division and shall fix their | 1787 |
duties. The duties of the personnel, in addition to other | 1788 |
statutory duties, include the handling, servicing, and | 1789 |
investigation of juvenile cases and providing any counseling, | 1790 |
conciliation, and mediation services that the court makes | 1791 |
available to persons, whether or not the persons are parties to an | 1792 |
action pending in the court, who request the services. | 1793 |
(H) In Stark county, the judges of the court of common pleas | 1794 |
whose terms begin on January 1, 1953, January 2, 1959, and January | 1795 |
1, 1993, and successors, shall have the same qualifications, | 1796 |
exercise the same powers and jurisdiction, and receive the same | 1797 |
compensation as other judges of the court of common pleas of Stark | 1798 |
county and shall be elected and designated as judges of the court | 1799 |
of common pleas, division of domestic relations. They shall have | 1800 |
all the powers relating to juvenile courts, and all cases under | 1801 |
Chapters 2151. and 2152. of the Revised Code, all parentage | 1802 |
proceedings over which the juvenile court has jurisdiction, and | 1803 |
all divorce, dissolution of marriage, legal separation, and | 1804 |
annulment cases, except cases that are assigned to some other | 1805 |
judge of the court of common pleas for some special reason, shall | 1806 |
be assigned to the judges. | 1807 |
The judge of the division of domestic relations, senior in | 1814 |
point of service, shall be charged exclusively with the | 1815 |
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 | 1816 |
of the Revised Code and with the assignment and division of the | 1817 |
work of the division and the employment and supervision of all | 1818 |
other personnel of the division, including, but not limited to, | 1819 |
that judge's necessary referees, but excepting those employees who | 1820 |
may be appointed by the judge second most senior in point of | 1821 |
service. The senior judge further shall serve in every other | 1822 |
position in which the statutes permit or require a juvenile judge | 1823 |
to serve. | 1824 |
(1) The judges of the court of common pleas whose terms begin | 1826 |
on January 4, 1967, and January 6, 1993, and successors, shall | 1827 |
have the same qualifications, exercise the same powers and | 1828 |
jurisdiction, and receive the same compensation as other judges of | 1829 |
the court of common pleas of Summit county and shall be elected | 1830 |
and designated as judges of the court of common pleas, division of | 1831 |
domestic relations. The judges of the division of domestic | 1832 |
relations shall have assigned to them and hear all divorce, | 1833 |
dissolution of marriage, legal separation, and annulment cases | 1834 |
that come before the court. Except in cases that are subject to | 1835 |
the exclusive original jurisdiction of the juvenile court, the | 1836 |
judges of the division of domestic relations shall have assigned | 1837 |
to them and hear all cases pertaining to paternity, custody, | 1838 |
visitation, child support, or the allocation of parental rights | 1839 |
and responsibilities for the care of children and all post-decree | 1840 |
proceedings arising from any case pertaining to any of those | 1841 |
matters. The judges of the division of domestic relations shall | 1842 |
have assigned to them and hear all proceedings under the uniform | 1843 |
interstate family support act contained in Chapter 3115. of the | 1844 |
Revised Code. | 1845 |
The judge of the division of domestic relations, senior in | 1846 |
point of service, shall be the administrator of the domestic | 1847 |
relations division and its subdivisions and departments and shall | 1848 |
have charge of the employment, assignment, and supervision of the | 1849 |
personnel of the division, including any necessary referees, who | 1850 |
are engaged in handling, servicing, or investigating divorce, | 1851 |
dissolution of marriage, legal separation, and annulment cases. | 1852 |
That judge also shall designate the title, compensation, expense | 1853 |
allowances, hours, leaves of absence, and vacations of the | 1854 |
personnel of the division and shall fix their duties. The duties | 1855 |
of the personnel, in addition to other statutory duties, shall | 1856 |
include the handling, servicing, and investigation of divorce, | 1857 |
dissolution of marriage, legal separation, and annulment cases and | 1858 |
of any counseling and conciliation services that are available | 1859 |
upon request to all persons, whether or not they are parties to an | 1860 |
action pending in the division. | 1861 |
(2) The judge of the court of common pleas whose term begins | 1862 |
on January 1, 1955, and successors, shall have the same | 1863 |
qualifications, exercise the same powers and jurisdiction, and | 1864 |
receive the same compensation as other judges of the court of | 1865 |
common pleas of Summit county, shall be elected and designated as | 1866 |
judge of the court of common pleas, juvenile division, and shall | 1867 |
be, and have the powers and jurisdiction of, the juvenile judge as | 1868 |
provided in Chapters 2151. and 2152. of the Revised Code. Except | 1869 |
in cases that are subject to the exclusive original jurisdiction | 1870 |
of the juvenile court, the judge of the juvenile division shall | 1871 |
not have jurisdiction or the power to hear, and shall not be | 1872 |
assigned, any case pertaining to paternity, custody, visitation, | 1873 |
child support, or the allocation of parental rights and | 1874 |
responsibilities for the care of children or any post-decree | 1875 |
proceeding arising from any case pertaining to any of those | 1876 |
matters. The judge of the juvenile division shall not have | 1877 |
jurisdiction or the power to hear, and shall not be assigned, any | 1878 |
proceeding under the uniform interstate family support act | 1879 |
contained in Chapter 3115. of the Revised Code. | 1880 |
The juvenile judge shall be the administrator of the juvenile | 1881 |
division and its subdivisions and departments and shall have | 1882 |
charge of the employment, assignment, and supervision of the | 1883 |
personnel of the juvenile division, including any necessary | 1884 |
referees, who are engaged in handling, servicing, or investigating | 1885 |
juvenile cases. The judge also shall designate the title, | 1886 |
compensation, expense allowances, hours, leaves of absence, and | 1887 |
vacation of the personnel of the division and shall fix their | 1888 |
duties. The duties of the personnel, in addition to other | 1889 |
statutory duties, shall include the handling, servicing, and | 1890 |
investigation of juvenile cases and of any counseling and | 1891 |
conciliation services that are available upon request to persons, | 1892 |
whether or not they are parties to an action pending in the | 1893 |
division. | 1894 |
(J) In Trumbull county, the judges of the court of common | 1895 |
pleas whose terms begin on January 1, 1953, and January 2, 1977, | 1896 |
and successors, shall have the same qualifications, exercise the | 1897 |
same powers and jurisdiction, and receive the same compensation as | 1898 |
other judges of the court of common pleas of Trumbull county and | 1899 |
shall be elected and designated as judges of the court of common | 1900 |
pleas, division of domestic relations. They shall have all the | 1901 |
powers relating to juvenile courts, and all cases under Chapters | 1902 |
2151. and 2152. of the Revised Code, all parentage proceedings | 1903 |
over which the juvenile court has jurisdiction, and all divorce, | 1904 |
dissolution of marriage, legal separation, and annulment cases | 1905 |
shall be assigned to them, except cases that for some special | 1906 |
reason are assigned to some other judge of the court of common | 1907 |
pleas. | 1908 |
(1) The judges of the court of common pleas whose terms begin | 1910 |
on January 1, 1957, and January 4, 1993, and successors, shall | 1911 |
have the same qualifications, exercise the same powers and | 1912 |
jurisdiction, and receive the same compensation as other judges of | 1913 |
the court of common pleas of Butler county and shall be elected | 1914 |
and designated as judges of the court of common pleas, division of | 1915 |
domestic relations. The judges of the division of domestic | 1916 |
relations shall have assigned to them all divorce, dissolution of | 1917 |
marriage, legal separation, and annulment cases coming before the | 1918 |
court, except in cases that for some special reason are assigned | 1919 |
to some other judge of the court of common pleas. The judges of | 1920 |
the division of domestic relations also have concurrent | 1921 |
jurisdiction with judges of the juvenile division of the court of | 1922 |
common pleas of Butler county with respect to and may hear cases | 1923 |
to determine the custody, support, or custody and support of a | 1924 |
child who is born of issue of a marriage and who is not the ward | 1925 |
of another court of this state, cases commenced by a party of the | 1926 |
marriage to obtain an order requiring support of any child when | 1927 |
the request for that order is not ancillary to an action for | 1928 |
divorce, dissolution of marriage, annulment, or legal separation, | 1929 |
a criminal or civil action involving an allegation of domestic | 1930 |
violence, an action for support under Chapter 3115. of the Revised | 1931 |
Code, or an action that is within the exclusive original | 1932 |
jurisdiction of the juvenile division of the court of common pleas | 1933 |
of Butler county and that involves an allegation that the child is | 1934 |
an abused, neglected, or dependent child, and post-decree | 1935 |
proceedings and matters arising from those types of cases. The | 1936 |
judge senior in point of service shall be charged with the | 1937 |
assignment and division of the work of the division and with the | 1938 |
employment and supervision of all other personnel of the domestic | 1939 |
relations division. | 1940 |
The judge senior in point of service also shall designate the | 1941 |
title, compensation, expense allowances, hours, leaves of absence, | 1942 |
and vacations of the personnel of the division and shall fix their | 1943 |
duties. The duties of the personnel, in addition to other | 1944 |
statutory duties, shall include the handling, servicing, and | 1945 |
investigation of divorce, dissolution of marriage, legal | 1946 |
separation, and annulment cases and providing any counseling and | 1947 |
conciliation services that the division makes available to | 1948 |
persons, whether or not the persons are parties to an action | 1949 |
pending in the division, who request the services. | 1950 |
(2) The judges of the court of common pleas whose terms begin | 1951 |
on January 3, 1987, and January 2, 2003, and successors, shall | 1952 |
have the same qualifications, exercise the same powers and | 1953 |
jurisdiction, and receive the same compensation as other judges of | 1954 |
the court of common pleas of Butler county, shall be elected and | 1955 |
designated as judges of the court of common pleas, juvenile | 1956 |
division, and shall be the juvenile judges as provided in Chapters | 1957 |
2151. and 2152. of the Revised Code, with the powers and | 1958 |
jurisdictions conferred by those chapters. Except in cases that | 1959 |
are subject to the exclusive original jurisdiction of the juvenile | 1960 |
court, the judges of the juvenile division shall not have | 1961 |
jurisdiction or the power to hear and shall not be assigned, but | 1962 |
shall have the limited ability and authority to certify, any case | 1963 |
commenced by a party of a marriage to determine the custody, | 1964 |
support, or custody and support of a child who is born of issue of | 1965 |
the marriage and who is not the ward of another court of this | 1966 |
state when the request for the order in the case is not ancillary | 1967 |
to an action for divorce, dissolution of marriage, annulment, or | 1968 |
legal separation. The judge of the court of common pleas, juvenile | 1969 |
division, who is senior in point of service, shall be the | 1970 |
administrator of the juvenile division and its subdivisions and | 1971 |
departments. The judge, senior in point of service, shall have | 1972 |
charge of the employment, assignment, and supervision of the | 1973 |
personnel of the juvenile division who are engaged in handling, | 1974 |
servicing, or investigating juvenile cases, including any referees | 1975 |
whom the judge considers necessary for the discharge of the | 1976 |
judge's various duties. | 1977 |
The judge, senior in point of service, also shall designate | 1978 |
the title, compensation, expense allowances, hours, leaves of | 1979 |
absence, and vacation of the personnel of the division and shall | 1980 |
fix their duties. The duties of the personnel, in addition to | 1981 |
other statutory duties, include the handling, servicing, and | 1982 |
investigation of juvenile cases and providing any counseling and | 1983 |
conciliation services that the division makes available to | 1984 |
persons, whether or not the persons are parties to an action | 1985 |
pending in the division, who request the services. | 1986 |
(L)(1) In Cuyahoga county, the judges of the court of common | 1993 |
pleas whose terms begin on January 8, 1961, January 9, 1961, | 1994 |
January 18, 1975, January 19, 1975, and January 13, 1987, and | 1995 |
successors, shall have the same qualifications, exercise the same | 1996 |
powers and jurisdiction, and receive the same compensation as | 1997 |
other judges of the court of common pleas of Cuyahoga county and | 1998 |
shall be elected and designated as judges of the court of common | 1999 |
pleas, division of domestic relations. They shall have all the | 2000 |
powers relating to all divorce, dissolution of marriage, legal | 2001 |
separation, and annulment cases, except in cases that are assigned | 2002 |
to some other judge of the court of common pleas for some special | 2003 |
reason. | 2004 |
(1) The judge of the court of common pleas whose term begins | 2017 |
on January 2, 1961, and successors, shall have the same | 2018 |
qualifications, exercise the same powers and jurisdiction, and | 2019 |
receive the same compensation as the other judges of the court of | 2020 |
common pleas of Lake county and shall be elected and designated as | 2021 |
judge of the court of common pleas, division of domestic | 2022 |
relations. The judge shall be assigned all the divorce, | 2023 |
dissolution of marriage, legal separation, and annulment cases | 2024 |
coming before the court, except in cases that for some special | 2025 |
reason are assigned to some other judge of the court of common | 2026 |
pleas. The judge shall be charged with the assignment and division | 2027 |
of the work of the division and with the employment and | 2028 |
supervision of all other personnel of the domestic relations | 2029 |
division. | 2030 |
The judge also shall designate the title, compensation, | 2031 |
expense allowances, hours, leaves of absence, and vacations of the | 2032 |
personnel of the division and shall fix their duties. The duties | 2033 |
of the personnel, in addition to other statutory duties, shall | 2034 |
include the handling, servicing, and investigation of divorce, | 2035 |
dissolution of marriage, legal separation, and annulment cases and | 2036 |
providing any counseling and conciliation services that the | 2037 |
division makes available to persons, whether or not the persons | 2038 |
are parties to an action pending in the division, who request the | 2039 |
services. | 2040 |
(2) The judge of the court of common pleas whose term begins | 2041 |
on January 4, 1979, and successors, shall have the same | 2042 |
qualifications, exercise the same powers and jurisdiction, and | 2043 |
receive the same compensation as other judges of the court of | 2044 |
common pleas of Lake county, shall be elected and designated as | 2045 |
judge of the court of common pleas, juvenile division, and shall | 2046 |
be the juvenile judge as provided in Chapters 2151. and 2152. of | 2047 |
the Revised Code, with the powers and jurisdictions conferred by | 2048 |
those chapters. The judge of the court of common pleas, juvenile | 2049 |
division, shall be the administrator of the juvenile division and | 2050 |
its subdivisions and departments. The judge shall have charge of | 2051 |
the employment, assignment, and supervision of the personnel of | 2052 |
the juvenile division who are engaged in handling, servicing, or | 2053 |
investigating juvenile cases, including any referees whom the | 2054 |
judge considers necessary for the discharge of the judge's various | 2055 |
duties. | 2056 |
(1) The judge of the court of common pleas whose term begins | 2073 |
on January 2, 1971, and the successors to that judge whose terms | 2074 |
begin before January 2, 2007, shall have the same qualifications, | 2075 |
exercise the same powers and jurisdiction, and receive the same | 2076 |
compensation as the other judge of the court of common pleas of | 2077 |
Erie county and shall be elected and designated as judge of the | 2078 |
court of common pleas, division of domestic relations. The judge | 2079 |
shall have all the powers relating to juvenile courts, and shall | 2080 |
be assigned all cases under Chapters 2151. and 2152. of the | 2081 |
Revised Code, parentage proceedings over which the juvenile court | 2082 |
has jurisdiction, and divorce, dissolution of marriage, legal | 2083 |
separation, and annulment cases, except cases that for some | 2084 |
special reason are assigned to some other judge. | 2085 |
(2) The judge of the court of common pleas, general division, | 2093 |
whose term begins on January 1, 2005, and successors, the judge of | 2094 |
the court of common pleas, general division whose term begins on | 2095 |
January 2, 2005, and successors, and the judge of the court of | 2096 |
common pleas, general division, whose term begins February 9, | 2097 |
2009, and successors, shall have assigned to them, in addition to | 2098 |
all matters that are within the jurisdiction of the general | 2099 |
division of the court of common pleas, all divorce, dissolution of | 2100 |
marriage, legal separation, and annulment cases coming before the | 2101 |
court, and all matters that are within the jurisdiction of the | 2102 |
probate court under Chapter 2101., and other provisions, of the | 2103 |
Revised Code. | 2104 |
(1) The judge of the court of common pleas whose term begins | 2106 |
on January 1, 1961, and successors, shall have the same | 2107 |
qualifications, exercise the same powers and jurisdiction, and | 2108 |
receive the same compensation as the other judges of the court of | 2109 |
common pleas of Greene county and shall be elected and designated | 2110 |
as the judge of the court of common pleas, division of domestic | 2111 |
relations. The judge shall be assigned all divorce, dissolution of | 2112 |
marriage, legal separation, annulment, uniform reciprocal support | 2113 |
enforcement, and domestic violence cases and all other cases | 2114 |
related to domestic relations, except cases that for some special | 2115 |
reason are assigned to some other judge of the court of common | 2116 |
pleas. | 2117 |
The judge shall be charged with the assignment and division | 2118 |
of the work of the division and with the employment and | 2119 |
supervision of all other personnel of the division. The judge also | 2120 |
shall designate the title, compensation, hours, leaves of absence, | 2121 |
and vacations of the personnel of the division and shall fix their | 2122 |
duties. The duties of the personnel of the division, in addition | 2123 |
to other statutory duties, shall include the handling, servicing, | 2124 |
and investigation of divorce, dissolution of marriage, legal | 2125 |
separation, and annulment cases and the provision of counseling | 2126 |
and conciliation services that the division considers necessary | 2127 |
and makes available to persons who request the services, whether | 2128 |
or not the persons are parties in an action pending in the | 2129 |
division. The compensation for the personnel shall be paid from | 2130 |
the overall court budget and shall be included in the | 2131 |
appropriations for the existing judges of the general division of | 2132 |
the court of common pleas. | 2133 |
(2) The judge of the court of common pleas whose term begins | 2134 |
on January 1, 1995, and successors, shall have the same | 2135 |
qualifications, exercise the same powers and jurisdiction, and | 2136 |
receive the same compensation as the other judges of the court of | 2137 |
common pleas of Greene county, shall be elected and designated as | 2138 |
judge of the court of common pleas, juvenile division, and, on or | 2139 |
after January 1, 1995, shall be the juvenile judge as provided in | 2140 |
Chapters 2151. and 2152. of the Revised Code with the powers and | 2141 |
jurisdiction conferred by those chapters. The judge of the court | 2142 |
of common pleas, juvenile division, shall be the administrator of | 2143 |
the juvenile division and its subdivisions and departments. The | 2144 |
judge shall have charge of the employment, assignment, and | 2145 |
supervision of the personnel of the juvenile division who are | 2146 |
engaged in handling, servicing, or investigating juvenile cases, | 2147 |
including any referees whom the judge considers necessary for the | 2148 |
discharge of the judge's various duties. | 2149 |
The judge also shall designate the title, compensation, | 2150 |
expense allowances, hours, leaves of absence, and vacation of the | 2151 |
personnel of the division and shall fix their duties. The duties | 2152 |
of the personnel, in addition to other statutory duties, include | 2153 |
the handling, servicing, and investigation of juvenile cases and | 2154 |
providing any counseling and conciliation services that the court | 2155 |
makes available to persons, whether or not the persons are parties | 2156 |
to an action pending in the court, who request the services. | 2157 |
(P) In Portage county, the judge of the court of common | 2164 |
pleas, whose term begins January 2, 1987, and successors, shall | 2165 |
have the same qualifications, exercise the same powers and | 2166 |
jurisdiction, and receive the same compensation as the other | 2167 |
judges of the court of common pleas of Portage county and shall be | 2168 |
elected and designated as judge of the court of common pleas, | 2169 |
division of domestic relations. The judge shall be assigned all | 2170 |
divorce, dissolution of marriage, legal separation, and annulment | 2171 |
cases coming before the court, except in cases that for some | 2172 |
special reason are assigned to some other judge of the court of | 2173 |
common pleas. The judge shall be charged with the assignment and | 2174 |
division of the work of the division and with the employment and | 2175 |
supervision of all other personnel of the domestic relations | 2176 |
division. | 2177 |
The judge also shall designate the title, compensation, | 2178 |
expense allowances, hours, leaves of absence, and vacations of the | 2179 |
personnel of the division and shall fix their duties. The duties | 2180 |
of the personnel, in addition to other statutory duties, shall | 2181 |
include the handling, servicing, and investigation of divorce, | 2182 |
dissolution of marriage, legal separation, and annulment cases and | 2183 |
providing any counseling and conciliation services that the | 2184 |
division makes available to persons, whether or not the persons | 2185 |
are parties to an action pending in the division, who request the | 2186 |
services. | 2187 |
(Q) In Clermont county, the judge of the court of common | 2188 |
pleas, whose term begins January 2, 1987, and successors, shall | 2189 |
have the same qualifications, exercise the same powers and | 2190 |
jurisdiction, and receive the same compensation as the other | 2191 |
judges of the court of common pleas of Clermont county and shall | 2192 |
be elected and designated as judge of the court of common pleas, | 2193 |
division of domestic relations. The judge shall be assigned all | 2194 |
divorce, dissolution of marriage, legal separation, and annulment | 2195 |
cases coming before the court, except in cases that for some | 2196 |
special reason are assigned to some other judge of the court of | 2197 |
common pleas. The judge shall be charged with the assignment and | 2198 |
division of the work of the division and with the employment and | 2199 |
supervision of all other personnel of the domestic relations | 2200 |
division. | 2201 |
The judge also shall designate the title, compensation, | 2202 |
expense allowances, hours, leaves of absence, and vacations of the | 2203 |
personnel of the division and shall fix their duties. The duties | 2204 |
of the personnel, in addition to other statutory duties, shall | 2205 |
include the handling, servicing, and investigation of divorce, | 2206 |
dissolution of marriage, legal separation, and annulment cases and | 2207 |
providing any counseling and conciliation services that the | 2208 |
division makes available to persons, whether or not the persons | 2209 |
are parties to an action pending in the division, who request the | 2210 |
services. | 2211 |
(R) In Warren county, the judge of the court of common pleas, | 2212 |
whose term begins January 1, 1987, and successors, shall have the | 2213 |
same qualifications, exercise the same powers and jurisdiction, | 2214 |
and receive the same compensation as the other judges of the court | 2215 |
of common pleas of Warren county and shall be elected and | 2216 |
designated as judge of the court of common pleas, division of | 2217 |
domestic relations. The judge shall be assigned all divorce, | 2218 |
dissolution of marriage, legal separation, and annulment cases | 2219 |
coming before the court, except in cases that for some special | 2220 |
reason are assigned to some other judge of the court of common | 2221 |
pleas. The judge shall be charged with the assignment and division | 2222 |
of the work of the division and with the employment and | 2223 |
supervision of all other personnel of the domestic relations | 2224 |
division. | 2225 |
The judge also shall designate the title, compensation, | 2226 |
expense allowances, hours, leaves of absence, and vacations of the | 2227 |
personnel of the division and shall fix their duties. The duties | 2228 |
of the personnel, in addition to other statutory duties, shall | 2229 |
include the handling, servicing, and investigation of divorce, | 2230 |
dissolution of marriage, legal separation, and annulment cases and | 2231 |
providing any counseling and conciliation services that the | 2232 |
division makes available to persons, whether or not the persons | 2233 |
are parties to an action pending in the division, who request the | 2234 |
services. | 2235 |
(S) In Licking county, the judges of the court of common | 2236 |
pleas, whose terms begin on January 1, 1991, and January 1, 2005, | 2237 |
and successors, shall have the same qualifications, exercise the | 2238 |
same powers and jurisdiction, and receive the same compensation as | 2239 |
the other judges of the court of common pleas of Licking county | 2240 |
and shall be elected and designated as judges of the court of | 2241 |
common pleas, division of domestic relations. The judges shall be | 2242 |
assigned all divorce, dissolution of marriage, legal separation, | 2243 |
and annulment cases, all cases arising under Chapter 3111. of the | 2244 |
Revised Code, all proceedings involving child support, the | 2245 |
allocation of parental rights and responsibilities for the care of | 2246 |
children and the designation for the children of a place of | 2247 |
residence and legal custodian, parenting time, and visitation, and | 2248 |
all post-decree proceedings and matters arising from those cases | 2249 |
and proceedings, except in cases that for some special reason are | 2250 |
assigned to another judge of the court of common pleas. The | 2251 |
administrative judge of the division of domestic relations shall | 2252 |
be charged with the assignment and division of the work of the | 2253 |
division and with the employment and supervision of the personnel | 2254 |
of the division. | 2255 |
The administrative judge of the division of domestic | 2256 |
relations shall designate the title, compensation, expense | 2257 |
allowances, hours, leaves of absence, and vacations of the | 2258 |
personnel of the division and shall fix the duties of the | 2259 |
personnel of the division. The duties of the personnel of the | 2260 |
division, in addition to other statutory duties, shall include the | 2261 |
handling, servicing, and investigation of divorce, dissolution of | 2262 |
marriage, legal separation, and annulment cases, cases arising | 2263 |
under Chapter 3111. of the Revised Code, and proceedings involving | 2264 |
child support, the allocation of parental rights and | 2265 |
responsibilities for the care of children and the designation for | 2266 |
the children of a place of residence and legal custodian, | 2267 |
parenting time, and visitation and providing any counseling and | 2268 |
conciliation services that the division makes available to | 2269 |
persons, whether or not the persons are parties to an action | 2270 |
pending in the division, who request the services. | 2271 |
(T) In Allen county, the judge of the court of common pleas, | 2272 |
whose term begins January 1, 1993, and successors, shall have the | 2273 |
same qualifications, exercise the same powers and jurisdiction, | 2274 |
and receive the same compensation as the other judges of the court | 2275 |
of common pleas of Allen county and shall be elected and | 2276 |
designated as judge of the court of common pleas, division of | 2277 |
domestic relations. The judge shall be assigned all divorce, | 2278 |
dissolution of marriage, legal separation, and annulment cases, | 2279 |
all cases arising under Chapter 3111. of the Revised Code, all | 2280 |
proceedings involving child support, the allocation of parental | 2281 |
rights and responsibilities for the care of children and the | 2282 |
designation for the children of a place of residence and legal | 2283 |
custodian, parenting time, and visitation, and all post-decree | 2284 |
proceedings and matters arising from those cases and proceedings, | 2285 |
except in cases that for some special reason are assigned to | 2286 |
another judge of the court of common pleas. The judge shall be | 2287 |
charged with the assignment and division of the work of the | 2288 |
division and with the employment and supervision of the personnel | 2289 |
of the division. | 2290 |
The judge shall designate the title, compensation, expense | 2291 |
allowances, hours, leaves of absence, and vacations of the | 2292 |
personnel of the division and shall fix the duties of the | 2293 |
personnel of the division. The duties of the personnel of the | 2294 |
division, in addition to other statutory duties, shall include the | 2295 |
handling, servicing, and investigation of divorce, dissolution of | 2296 |
marriage, legal separation, and annulment cases, cases arising | 2297 |
under Chapter 3111. of the Revised Code, and proceedings involving | 2298 |
child support, the allocation of parental rights and | 2299 |
responsibilities for the care of children and the designation for | 2300 |
the children of a place of residence and legal custodian, | 2301 |
parenting time, and visitation, and providing any counseling and | 2302 |
conciliation services that the division makes available to | 2303 |
persons, whether or not the persons are parties to an action | 2304 |
pending in the division, who request the services. | 2305 |
(U) In Medina county, the judge of the court of common pleas | 2306 |
whose term begins January 1, 1995, and successors, shall have the | 2307 |
same qualifications, exercise the same powers and jurisdiction, | 2308 |
and receive the same compensation as other judges of the court of | 2309 |
common pleas of Medina county and shall be elected and designated | 2310 |
as judge of the court of common pleas, division of domestic | 2311 |
relations. The judge shall be assigned all divorce, dissolution of | 2312 |
marriage, legal separation, and annulment cases, all cases arising | 2313 |
under Chapter 3111. of the Revised Code, all proceedings involving | 2314 |
child support, the allocation of parental rights and | 2315 |
responsibilities for the care of children and the designation for | 2316 |
the children of a place of residence and legal custodian, | 2317 |
parenting time, and visitation, and all post-decree proceedings | 2318 |
and matters arising from those cases and proceedings, except in | 2319 |
cases that for some special reason are assigned to another judge | 2320 |
of the court of common pleas. The judge shall be charged with the | 2321 |
assignment and division of the work of the division and with the | 2322 |
employment and supervision of the personnel of the division. | 2323 |
The judge shall designate the title, compensation, expense | 2324 |
allowances, hours, leaves of absence, and vacations of the | 2325 |
personnel of the division and shall fix the duties of the | 2326 |
personnel of the division. The duties of the personnel, in | 2327 |
addition to other statutory duties, include the handling, | 2328 |
servicing, and investigation of divorce, dissolution of marriage, | 2329 |
legal separation, and annulment cases, cases arising under Chapter | 2330 |
3111. of the Revised Code, and proceedings involving child | 2331 |
support, the allocation of parental rights and responsibilities | 2332 |
for the care of children and the designation for the children of a | 2333 |
place of residence and legal custodian, parenting time, and | 2334 |
visitation, and providing counseling and conciliation services | 2335 |
that the division makes available to persons, whether or not the | 2336 |
persons are parties to an action pending in the division, who | 2337 |
request the services. | 2338 |
(V) In Fairfield county, the judge of the court of common | 2339 |
pleas whose term begins January 2, 1995, and successors, shall | 2340 |
have the same qualifications, exercise the same powers and | 2341 |
jurisdiction, and receive the same compensation as the other | 2342 |
judges of the court of common pleas of Fairfield county and shall | 2343 |
be elected and designated as judge of the court of common pleas, | 2344 |
division of domestic relations. The judge shall be assigned all | 2345 |
divorce, dissolution of marriage, legal separation, and annulment | 2346 |
cases, all cases arising under Chapter 3111. of the Revised Code, | 2347 |
all proceedings involving child support, the allocation of | 2348 |
parental rights and responsibilities for the care of children and | 2349 |
the designation for the children of a place of residence and legal | 2350 |
custodian, parenting time, and visitation, and all post-decree | 2351 |
proceedings and matters arising from those cases and proceedings, | 2352 |
except in cases that for some special reason are assigned to | 2353 |
another judge of the court of common pleas. The judge also has | 2354 |
concurrent jurisdiction with the probate-juvenile division of the | 2355 |
court of common pleas of Fairfield county with respect to and may | 2356 |
hear cases to determine the custody of a child, as defined in | 2357 |
section 2151.011 of the Revised Code, who is not the ward of | 2358 |
another court of this state, cases that are commenced by a parent, | 2359 |
guardian, or custodian of a child, as defined in section 2151.011 | 2360 |
of the Revised Code, to obtain an order requiring a parent of the | 2361 |
child to pay child support for that child when the request for | 2362 |
that order is not ancillary to an action for divorce, dissolution | 2363 |
of marriage, annulment, or legal separation, a criminal or civil | 2364 |
action involving an allegation of domestic violence, an action for | 2365 |
support under Chapter 3115. of the Revised Code, or an action that | 2366 |
is within the exclusive original jurisdiction of the | 2367 |
probate-juvenile division of the court of common pleas of | 2368 |
Fairfield county and that involves an allegation that the child is | 2369 |
an abused, neglected, or dependent child, and post-decree | 2370 |
proceedings and matters arising from those types of cases. | 2371 |
The judge shall designate the title, compensation, expense | 2376 |
allowances, hours, leaves of absence, and vacations of the | 2377 |
personnel of the division and shall fix the duties of the | 2378 |
personnel of the division. The duties of the personnel of the | 2379 |
division, in addition to other statutory duties, shall include the | 2380 |
handling, servicing, and investigation of divorce, dissolution of | 2381 |
marriage, legal separation, and annulment cases, cases arising | 2382 |
under Chapter 3111. of the Revised Code, and proceedings involving | 2383 |
child support, the allocation of parental rights and | 2384 |
responsibilities for the care of children and the designation for | 2385 |
the children of a place of residence and legal custodian, | 2386 |
parenting time, and visitation, and providing any counseling and | 2387 |
conciliation services that the division makes available to | 2388 |
persons, regardless of whether the persons are parties to an | 2389 |
action pending in the division, who request the services. When the | 2390 |
judge hears a case to determine the custody of a child, as defined | 2391 |
in section 2151.011 of the Revised Code, who is not the ward of | 2392 |
another court of this state or a case that is commenced by a | 2393 |
parent, guardian, or custodian of a child, as defined in section | 2394 |
2151.011 of the Revised Code, to obtain an order requiring a | 2395 |
parent of the child to pay child support for that child when the | 2396 |
request for that order is not ancillary to an action for divorce, | 2397 |
dissolution of marriage, annulment, or legal separation, a | 2398 |
criminal or civil action involving an allegation of domestic | 2399 |
violence, an action for support under Chapter 3115. of the Revised | 2400 |
Code, or an action that is within the exclusive original | 2401 |
jurisdiction of the probate-juvenile division of the court of | 2402 |
common pleas of Fairfield county and that involves an allegation | 2403 |
that the child is an abused, neglected, or dependent child, the | 2404 |
duties of the personnel of the domestic relations division also | 2405 |
include the handling, servicing, and investigation of those types | 2406 |
of cases. | 2407 |
(W)(1) In Clark county, the judge of the court of common | 2408 |
pleas whose term begins on January 2, 1995, and successors, shall | 2409 |
have the same qualifications, exercise the same powers and | 2410 |
jurisdiction, and receive the same compensation as other judges of | 2411 |
the court of common pleas of Clark county and shall be elected and | 2412 |
designated as judge of the court of common pleas, domestic | 2413 |
relations division. The judge shall have all the powers relating | 2414 |
to juvenile courts, and all cases under Chapters 2151. and 2152. | 2415 |
of the Revised Code and all parentage proceedings under Chapter | 2416 |
3111. of the Revised Code over which the juvenile court has | 2417 |
jurisdiction shall be assigned to the judge of the division of | 2418 |
domestic relations. All divorce, dissolution of marriage, legal | 2419 |
separation, annulment, uniform reciprocal support enforcement, and | 2420 |
other cases related to domestic relations shall be assigned to the | 2421 |
domestic relations division, and the presiding judge of the court | 2422 |
of common pleas shall assign the cases to the judge of the | 2423 |
domestic relations division and the judges of the general | 2424 |
division. | 2425 |
(3) If the judge of the court of common pleas of Clark | 2429 |
county, division of domestic relations, is sick, absent, or unable | 2430 |
to perform that judge's judicial duties or if the presiding judge | 2431 |
of the court of common pleas of Clark county determines that the | 2432 |
volume of cases pending in the division of domestic relations | 2433 |
necessitates it, the duties of the judge of the division of | 2434 |
domestic relations shall be performed by the judges of the general | 2435 |
division or probate division of the court of common pleas of Clark | 2436 |
county, as assigned for that purpose by the presiding judge of | 2437 |
that court, and the judges so assigned shall act in conjunction | 2438 |
with the judge of the division of domestic relations of that | 2439 |
court. | 2440 |
(X) In Scioto county, the judge of the court of common pleas | 2441 |
whose term begins January 2, 1995, and successors, shall have the | 2442 |
same qualifications, exercise the same powers and jurisdiction, | 2443 |
and receive the same compensation as other judges of the court of | 2444 |
common pleas of Scioto county and shall be elected and designated | 2445 |
as judge of the court of common pleas, division of domestic | 2446 |
relations. The judge shall be assigned all divorce, dissolution of | 2447 |
marriage, legal separation, and annulment cases, all cases arising | 2448 |
under Chapter 3111. of the Revised Code, all proceedings involving | 2449 |
child support, the allocation of parental rights and | 2450 |
responsibilities for the care of children and the designation for | 2451 |
the children of a place of residence and legal custodian, | 2452 |
parenting time, visitation, and all post-decree proceedings and | 2453 |
matters arising from those cases and proceedings, except in cases | 2454 |
that for some special reason are assigned to another judge of the | 2455 |
court of common pleas. The judge shall be charged with the | 2456 |
assignment and division of the work of the division and with the | 2457 |
employment and supervision of the personnel of the division. | 2458 |
The judge shall designate the title, compensation, expense | 2459 |
allowances, hours, leaves of absence, and vacations of the | 2460 |
personnel of the division and shall fix the duties of the | 2461 |
personnel of the division. The duties of the personnel, in | 2462 |
addition to other statutory duties, include the handling, | 2463 |
servicing, and investigation of divorce, dissolution of marriage, | 2464 |
legal separation, and annulment cases, cases arising under Chapter | 2465 |
3111. of the Revised Code, and proceedings involving child | 2466 |
support, the allocation of parental rights and responsibilities | 2467 |
for the care of children and the designation for the children of a | 2468 |
place of residence and legal custodian, parenting time, and | 2469 |
visitation, and providing counseling and conciliation services | 2470 |
that the division makes available to persons, whether or not the | 2471 |
persons are parties to an action pending in the division, who | 2472 |
request the services. | 2473 |
(Y) In Auglaize county, the judge of the probate and juvenile | 2474 |
divisions of the Auglaize county court of common pleas also shall | 2475 |
be the administrative judge of the domestic relations division of | 2476 |
the court and shall be assigned all divorce, dissolution of | 2477 |
marriage, legal separation, and annulment cases coming before the | 2478 |
court. The judge shall have all powers as administrator of the | 2479 |
domestic relations division and shall have charge of the personnel | 2480 |
engaged in handling, servicing, or investigating divorce, | 2481 |
dissolution of marriage, legal separation, and annulment cases, | 2482 |
including any referees considered necessary for the discharge of | 2483 |
the judge's various duties. | 2484 |
(Z)(1) In Marion county, the judge of the court of common | 2485 |
pleas whose term begins on February 9, 1999, and the successors to | 2486 |
that judge, shall have the same qualifications, exercise the same | 2487 |
powers and jurisdiction, and receive the same compensation as the | 2488 |
other judges of the court of common pleas of Marion county and | 2489 |
shall be elected and designated as judge of the court of common | 2490 |
pleas, domestic relations-juvenile-probate division. Except as | 2491 |
otherwise specified in this division, that judge, and the | 2492 |
successors to that judge, shall have all the powers relating to | 2493 |
juvenile courts, and all cases under Chapters 2151. and 2152. of | 2494 |
the Revised Code, all cases arising under Chapter 3111. of the | 2495 |
Revised Code, all divorce, dissolution of marriage, legal | 2496 |
separation, and annulment cases, all proceedings involving child | 2497 |
support, the allocation of parental rights and responsibilities | 2498 |
for the care of children and the designation for the children of a | 2499 |
place of residence and legal custodian, parenting time, and | 2500 |
visitation, and all post-decree proceedings and matters arising | 2501 |
from those cases and proceedings shall be assigned to that judge | 2502 |
and the successors to that judge. Except as provided in division | 2503 |
(Z)(2) of this section and notwithstanding any other provision of | 2504 |
any section of the Revised Code, on and after February 9, 2003, | 2505 |
the judge of the court of common pleas of Marion county whose term | 2506 |
begins on February 9, 1999, and the successors to that judge, | 2507 |
shall have all the powers relating to the probate division of the | 2508 |
court of common pleas of Marion county in addition to the powers | 2509 |
previously specified in this division, and shall exercise | 2510 |
concurrent jurisdiction with the judge of the probate division of | 2511 |
that court over all matters that are within the jurisdiction of | 2512 |
the probate division of that court under Chapter 2101., and other | 2513 |
provisions, of the Revised Code in addition to the jurisdiction of | 2514 |
the domestic relations-juvenile-probate division of that court | 2515 |
otherwise specified in division (Z)(1) of this section. | 2516 |
(3) On and after February 9, 2003, all references in law to | 2525 |
"the probate court," "the probate judge," "the juvenile court," or | 2526 |
"the judge of the juvenile court" shall be construed, with respect | 2527 |
to Marion county, as being references to both "the probate | 2528 |
division" and "the domestic relations-juvenile-probate division" | 2529 |
and as being references to both "the judge of the probate | 2530 |
division" and "the judge of the domestic relations- | 2531 |
juvenile-probate division." On and after February 9, 2003, all | 2532 |
references in law to "the clerk of the probate court" shall be | 2533 |
construed, with respect to Marion county, as being references to | 2534 |
the judge who is serving pursuant to division (Z)(2) of this | 2535 |
section as the clerk of the probate division of the court of | 2536 |
common pleas of Marion county. | 2537 |
(AA) In Muskingum county, the judge of the court of common | 2538 |
pleas whose term begins on January 2, 2003, and successors, shall | 2539 |
have the same qualifications, exercise the same powers and | 2540 |
jurisdiction, and receive the same compensation as the other | 2541 |
judges of the court of common pleas of Muskingum county and shall | 2542 |
be elected and designated as the judge of the court of common | 2543 |
pleas, division of domestic relations. The judge shall be assigned | 2544 |
all divorce, dissolution of marriage, legal separation, and | 2545 |
annulment cases, all cases arising under Chapter 3111. of the | 2546 |
Revised Code, all proceedings involving child support, the | 2547 |
allocation of parental rights and responsibilities for the care of | 2548 |
children and the designation for the children of a place of | 2549 |
residence and legal custodian, parenting time, and visitation, and | 2550 |
all post-decree proceedings and matters arising from those cases | 2551 |
and proceedings, except in cases that for some special reason are | 2552 |
assigned to another judge of the court of common pleas. The judge | 2553 |
shall be charged with the assignment and division of the work of | 2554 |
the division and with the employment and supervision of the | 2555 |
personnel of the division. | 2556 |
The judge shall designate the title, compensation, expense | 2557 |
allowances, hours, leaves of absence, and vacations of the | 2558 |
personnel of the division and shall fix the duties of the | 2559 |
personnel of the division. The duties of the personnel of the | 2560 |
division, in addition to other statutory duties, shall include the | 2561 |
handling, servicing, and investigation of divorce, dissolution of | 2562 |
marriage, legal separation, and annulment cases, cases arising | 2563 |
under Chapter 3111. of the Revised Code, and proceedings involving | 2564 |
child support, the allocation of parental rights and | 2565 |
responsibilities for the care of children and the designation for | 2566 |
the children of a place of residence and legal custodian, | 2567 |
parenting time, and visitation and providing any counseling and | 2568 |
conciliation services that the division makes available to | 2569 |
persons, whether or not the persons are parties to an action | 2570 |
pending in the division, who request the services. | 2571 |
(BB) In Henry county, the judge of the court of common pleas | 2572 |
whose term begins on January 1, 2005, and successors, shall have | 2573 |
the same qualifications, exercise the same powers and | 2574 |
jurisdiction, and receive the same compensation as the other judge | 2575 |
of the court of common pleas of Henry county and shall be elected | 2576 |
and designated as the judge of the court of common pleas, division | 2577 |
of domestic relations. The judge shall have all of the powers | 2578 |
relating to juvenile courts, and all cases under Chapter 2151. or | 2579 |
2152. of the Revised Code, all parentage proceedings arising under | 2580 |
Chapter 3111. of the Revised Code over which the juvenile court | 2581 |
has jurisdiction, all divorce, dissolution of marriage, legal | 2582 |
separation, and annulment cases, all proceedings involving child | 2583 |
support, the allocation of parental rights and responsibilities | 2584 |
for the care of children and the designation for the children of a | 2585 |
place of residence and legal custodian, parenting time, and | 2586 |
visitation, and all post-decree proceedings and matters arising | 2587 |
from those cases and proceedings shall be assigned to that judge, | 2588 |
except in cases that for some special reason are assigned to the | 2589 |
other judge of the court of common pleas. | 2590 |
(CC)(1) In Logan county, the judge of the court of common | 2591 |
pleas whose term begins January 2, 2005, and the successors to | 2592 |
that judge, shall have the same qualifications, exercise the same | 2593 |
powers and jurisdiction, and receive the same compensation as the | 2594 |
other judges of the court of common pleas of Logan county and | 2595 |
shall be elected and designated as judge of the court of common | 2596 |
pleas, domestic relations-juvenile-probate division. Except as | 2597 |
otherwise specified in this division, that judge, and the | 2598 |
successors to that judge, shall have all the powers relating to | 2599 |
juvenile courts, and all cases under Chapters 2151. and 2152. of | 2600 |
the Revised Code, all cases arising under Chapter 3111. of the | 2601 |
Revised Code, all divorce, dissolution of marriage, legal | 2602 |
separation, and annulment cases, all proceedings involving child | 2603 |
support, the allocation of parental rights and responsibilities | 2604 |
for the care of children and designation for the children of a | 2605 |
place of residence and legal custodian, parenting time, and | 2606 |
visitation, and all post-decree proceedings and matters arising | 2607 |
from those cases and proceedings shall be assigned to that judge | 2608 |
and the successors to that judge. Notwithstanding any other | 2609 |
provision of any section of the Revised Code, on and after January | 2610 |
2, 2005, the judge of the court of common pleas of Logan county | 2611 |
whose term begins on January 2, 2005, and the successors to that | 2612 |
judge, shall have all the powers relating to the probate division | 2613 |
of the court of common pleas of Logan county in addition to the | 2614 |
powers previously specified in this division and shall exercise | 2615 |
concurrent jurisdiction with the judge of the probate division of | 2616 |
that court over all matters that are within the jurisdiction of | 2617 |
the probate division of that court under Chapter 2101., and other | 2618 |
provisions, of the Revised Code in addition to the jurisdiction of | 2619 |
the domestic relations-juvenile-probate division of that court | 2620 |
otherwise specified in division (CC)(1) of this section. | 2621 |
(2) The judge of the domestic relations-juvenile-probate | 2622 |
division of the court of common pleas of Logan county or the | 2623 |
probate judge of the court of common pleas of Logan county who is | 2624 |
elected as the administrative judge of the probate division of the | 2625 |
court of common pleas of Logan county pursuant to Rule 4 of the | 2626 |
Rules of Superintendence shall be the clerk of the probate | 2627 |
division and juvenile division of the court of common pleas of | 2628 |
Logan county. The clerk of the court of common pleas who is | 2629 |
elected pursuant to section 2303.01 of the Revised Code shall keep | 2630 |
all of the journals, records, books, papers, and files pertaining | 2631 |
to the domestic relations cases. | 2632 |
(3) On and after January 2, 2005, all references in law to | 2633 |
"the probate court," "the probate judge," "the juvenile court," or | 2634 |
"the judge of the juvenile court" shall be construed, with respect | 2635 |
to Logan county, as being references to both "the probate | 2636 |
division" and the "domestic relations-juvenile-probate division" | 2637 |
and as being references to both "the judge of the probate | 2638 |
division" and the "judge of the domestic | 2639 |
relations-juvenile-probate division." On and after January 2, | 2640 |
2005, all references in law to "the clerk of the probate court" | 2641 |
shall be construed, with respect to Logan county, as being | 2642 |
references to the judge who is serving pursuant to division | 2643 |
(CC)(2) of this section as the clerk of the probate division of | 2644 |
the court of common pleas of Logan county. | 2645 |
(DD)(1) In Champaign county, the judge of the court of common | 2646 |
pleas whose term begins February 9, 2003, and the judge of the | 2647 |
court of common pleas whose term begins February 10, 2009, and the | 2648 |
successors to those judges, shall have the same qualifications, | 2649 |
exercise the same powers and jurisdiction, and receive the same | 2650 |
compensation as the other judges of the court of common pleas of | 2651 |
Champaign county and shall be elected and designated as judges of | 2652 |
the court of common pleas, domestic relations-juvenile-probate | 2653 |
division. Except as otherwise specified in this division, those | 2654 |
judges, and the successors to those judges, shall have all the | 2655 |
powers relating to juvenile courts, and all cases under Chapters | 2656 |
2151. and 2152. of the Revised Code, all cases arising under | 2657 |
Chapter 3111. of the Revised Code, all divorce, dissolution of | 2658 |
marriage, legal separation, and annulment cases, all proceedings | 2659 |
involving child support, the allocation of parental rights and | 2660 |
responsibilities for the care of children and the designation for | 2661 |
the children of a place of residence and legal custodian, | 2662 |
parenting time, and visitation, and all post-decree proceedings | 2663 |
and matters arising from those cases and proceedings shall be | 2664 |
assigned to those judges and the successors to those judges. | 2665 |
Notwithstanding any other provision of any section of the Revised | 2666 |
Code, on and after February 9, 2009, the judges designated by this | 2667 |
division as judges of the court of common pleas of Champaign | 2668 |
county, domestic relations-juvenile-probate division, and the | 2669 |
successors to those judges, shall have all the powers relating to | 2670 |
probate courts in addition to the powers previously specified in | 2671 |
this division and shall exercise jurisdiction over all matters | 2672 |
that are within the jurisdiction of probate courts under Chapter | 2673 |
2101., and other provisions, of the Revised Code in addition to | 2674 |
the jurisdiction of the domestic relations-juvenile-probate | 2675 |
division otherwise specified in division (DD)(1) of this section. | 2676 |
(2) On and after February 9, 2009, all references in law to | 2677 |
"the probate court," "the probate judge," "the juvenile court," or | 2678 |
"the judge of the juvenile court" shall be construed with respect | 2679 |
to Champaign county as being references to the "domestic | 2680 |
relations-juvenile-probate division" and as being references to | 2681 |
the "judge of the domestic relations-juvenile-probate division." | 2682 |
On and after February 9, 2009, all references in law to "the clerk | 2683 |
of the probate court" shall be construed with respect to Champaign | 2684 |
county as being references to the judge who is serving pursuant to | 2685 |
Rule 4 of the Rules of Superintendence for the Courts of Ohio as | 2686 |
the administrative judge of the court of common pleas, domestic | 2687 |
relations-juvenile-probate division. | 2688 |
(2) All costs paid pursuant to section 2743.70 of the Revised | 2759 |
Code, the portions of license reinstatement fees mandated by | 2760 |
division (F)(2)(b) of section 4511.191 of the Revised Code to be | 2761 |
credited to the fund, the portions of the proceeds of the sale of | 2762 |
a forfeited vehicle specified in division (C)(2) of section | 2763 |
4503.234 of the Revised Code, payments collected by the department | 2764 |
of rehabilitation and correction from prisoners who voluntarily | 2765 |
participate in an approved work and training program pursuant to | 2766 |
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and | 2767 |
all moneys collected by the state pursuant to its right of | 2768 |
subrogation provided in section 2743.72 of the Revised Code shall | 2769 |
be deposited in the fund. | 2770 |
(4) If sufficient moneys do not exist in the account or any | 2789 |
other appropriation for emergencies or contingencies to pay the | 2790 |
award, the attorney general shall request the general assembly to | 2791 |
make an appropriation sufficient to pay the award, and no payment | 2792 |
shall be made until the appropriation has been made. The attorney | 2793 |
general shall make this appropriation request during the current | 2794 |
biennium and during each succeeding biennium until a sufficient | 2795 |
appropriation is made. If, prior to the time that an appropriation | 2796 |
is made by the general assembly pursuant to this division, the | 2797 |
fund has sufficient unencumbered funds to pay the award or part of | 2798 |
the award, the available funds shall be used to pay the award or | 2799 |
part of the award, and the appropriation request shall be amended | 2800 |
to request only sufficient funds to pay that part of the award | 2801 |
that is unpaid. | 2802 |
(D)(1) If a person who files a petition pursuant to this | 2855 |
section requests an ex parte order, the court shall hold an ex | 2856 |
parte hearing as soon as possible after the petition is filed, but | 2857 |
not later than the next day that the court is in session after the | 2858 |
petition is filed. The court, for good cause shown at the ex parte | 2859 |
hearing, may enter any temporary orders, with or without bond, | 2860 |
that the court finds necessary for the safety and protection of | 2861 |
the person to be protected by the order. Immediate and present | 2862 |
danger to the person to be protected by the protection order | 2863 |
constitutes good cause for purposes of this section. Immediate and | 2864 |
present danger includes, but is not limited to, situations in | 2865 |
which the respondent has threatened the person to be protected by | 2866 |
the protection order with bodily harm or in which the respondent | 2867 |
previously has been convicted of or pleaded guilty to a violation | 2868 |
of section 2903.211 of the Revised Code or a sexually oriented | 2869 |
offense against the person to be protected by the protection | 2870 |
order. | 2871 |
(2)(a) If the court, after an ex parte hearing, issues a | 2872 |
protection order described in division (E) of this section, the | 2873 |
court shall schedule a full hearing for a date that is within ten | 2874 |
court days after the ex parte hearing. The court shall give the | 2875 |
respondent notice of, and an opportunity to be heard at, the full | 2876 |
hearing. The court shall hold the full hearing on the date | 2877 |
scheduled under this division unless the court grants a | 2878 |
continuance of the hearing in accordance with this division. Under | 2879 |
any of the following circumstances or for any of the following | 2880 |
reasons, the court may grant a continuance of the full hearing to | 2881 |
a reasonable time determined by the court: | 2882 |
(E)(1)(a) After an ex parte or full hearing, the court may | 2901 |
issue any protection order, with or without bond, that contains | 2902 |
terms designed to ensure the safety and protection of the person | 2903 |
to be protected by the protection order, including, but not | 2904 |
limited to, a requirement that the respondent refrain from | 2905 |
entering the residence, school, business, or place of employment | 2906 |
of the petitioner or family or household member. If the court | 2907 |
includes a requirement that the respondent refrain from entering | 2908 |
the residence, school, business, or place of employment of the | 2909 |
petitioner or family or household member in the order, it also | 2910 |
shall include in the order provisions of the type described in | 2911 |
division (E)(5) of this section. | 2912 |
(b) After a full hearing, if the court considering a petition | 2913 |
that includes an allegation of the type described in division | 2914 |
(C)(2) of this section, or the court upon its own motion, finds | 2915 |
upon clear and convincing evidence that the petitioner reasonably | 2916 |
believed that the respondent's conduct at any time preceding the | 2917 |
filing of the petition endangered the health, welfare, or safety | 2918 |
of the person to be protected and that the respondent presents a | 2919 |
continuing danger to the person to be protected, the court may | 2920 |
order that the respondent be electronically monitored for a period | 2921 |
of time and under the terms and conditions that the court | 2922 |
determines are appropriate. Electronic monitoring shall be in | 2923 |
addition to any other relief granted to the petitioner. | 2924 |
(d) After a full hearing at which the respondent presents | 2945 |
evidence in support of the request for a protection order and the | 2946 |
petitioner is afforded an opportunity to defend against that | 2947 |
evidence, the court determines that the petitioner has committed a | 2948 |
violation of section 2903.211 of the Revised Code against the | 2949 |
person to be protected by the protection order issued pursuant to | 2950 |
division (E)(3) of this section, has committed a sexually oriented | 2951 |
offense against the person to be protected by the protection order | 2952 |
issued pursuant to division (E)(3) of this section, or has | 2953 |
violated a protection order issued pursuant to section 2903.213 of | 2954 |
the Revised Code relative to the person to be protected by the | 2955 |
protection order issued pursuant to division (E)(3) of this | 2956 |
section. | 2957 |
(J) Notwithstanding any provision of law to the contrary and | 3025 |
regardless of whether a protection order is issued or a consent | 3026 |
agreement is approved by a court of another county or by a court | 3027 |
of another state, no court or unit of state or local government | 3028 |
shall charge any fee, cost, deposit, or money in connection with | 3029 |
the filing of a petition pursuant to this section, in connection | 3030 |
with the filing, issuance, registration, or service of a | 3031 |
protection order or consent agreement, or for obtaining a | 3032 |
certified copy of a protection order or consent agreement. | 3033 |
(M)(1) A petitioner who obtains a protection order under this | 3050 |
section or a protection order under section 2903.213 of the | 3051 |
Revised Code may provide notice of the issuance or approval of the | 3052 |
order to the judicial and law enforcement officials in any county | 3053 |
other than the county in which the order is issued by registering | 3054 |
that order in the other county pursuant to division (M)(2) of this | 3055 |
section and filing a copy of the registered order with a law | 3056 |
enforcement agency in the other county in accordance with that | 3057 |
division. A person who obtains a protection order issued by a | 3058 |
court of another state may provide notice of the issuance of the | 3059 |
order to the judicial and law enforcement officials in any county | 3060 |
of this state by registering the order in that county pursuant to | 3061 |
section 2919.272 of the Revised Code and filing a copy of the | 3062 |
registered order with a law enforcement agency in that county. | 3063 |
(N)(1) If the court orders electronic monitoring of the | 3083 |
respondent under this section, the court shall direct the | 3084 |
sheriff's office or any other appropriate law enforcement agency | 3085 |
to install the electronic monitoring device and to monitor the | 3086 |
respondent. Unless the court determines that the respondent is | 3087 |
indigent, the court shall order the respondent to pay the cost of | 3088 |
the installation and monitoring of the electronic monitoring | 3089 |
device. If the court determines that the respondent is indigent | 3090 |
and subject to the maximum amount allowable to be paid in any year | 3091 |
from the fund and the rules promulgated by the attorney general | 3092 |
under division (N)(2) of this section, the cost of the | 3093 |
installation and monitoring of the electronic monitoring device | 3094 |
may be paid out of funds from the reparations fund created | 3095 |
pursuant to section 2743.191 of the Revised Code. The total amount | 3096 |
of costs for the installation and monitoring of electronic | 3097 |
monitoring devices paid pursuant to this division and sections | 3098 |
2151.34 and 2919.27 of the Revised Code from the reparations fund | 3099 |
shall not exceed three hundred thousand dollars per year. The | 3100 |
(B) No person, in any manner and by any means, including, but | 3113 |
not limited to, computer hacking, shall knowingly gain access to, | 3114 |
attempt to gain access to, or cause access to be gained to any | 3115 |
computer, computer system, computer network, cable service, cable | 3116 |
system, telecommunications device, telecommunications service, or | 3117 |
information service without the consent of, or beyond the scope of | 3118 |
the express or implied consent of, the owner of the computer, | 3119 |
computer system, computer network, cable service, cable system, | 3120 |
telecommunications device, telecommunications service, or | 3121 |
information service or other person authorized to give consent. | 3122 |
(3) Except as otherwise provided in division (D)(4) of this | 3265 |
section, if the offender previously has pleaded guilty to or been | 3266 |
convicted of domestic violence, a violation of an existing or | 3267 |
former municipal ordinance or law of this or any other state or | 3268 |
the United States that is substantially similar to domestic | 3269 |
violence, a violation of section 2903.14, 2909.06, 2909.07, | 3270 |
2911.12, 2911.211, or 2919.22 of the Revised Code if the victim of | 3271 |
the violation was a family or household member at the time of the | 3272 |
violation, a violation of an existing or former municipal | 3273 |
ordinance or law of this or any other state or the United States | 3274 |
that is substantially similar to any of those sections if the | 3275 |
victim of the violation was a family or household member at the | 3276 |
time of the commission of the violation, or any offense of | 3277 |
violence if the victim of the offense was a family or household | 3278 |
member at the time of the commission of the offense, a violation | 3279 |
of division (A) or (B) of this section is a felony of the fourth | 3280 |
degree, and, if the offender knew that the victim of the violation | 3281 |
was pregnant at the time of the violation, the court shall impose | 3282 |
a mandatory prison term on the offender pursuant to division | 3283 |
(A)(6) of this section, and a violation of division (C) of this | 3284 |
section is a misdemeanor of the second degree.
| 3285 |
(4) If the offender previously has pleaded guilty to or been | 3286 |
convicted of two or more offenses of domestic violence or two or | 3287 |
more violations or offenses of the type described in division | 3288 |
(D)(3) of this section involving a person who was a family or | 3289 |
household member at the time of the violations or offenses, a | 3290 |
violation of division (A) or (B) of this section is a felony of | 3291 |
the third degree, and, if the offender knew that the victim of the | 3292 |
violation was pregnant at the time of the violation, the court | 3293 |
shall impose a mandatory prison term on the offender pursuant to | 3294 |
division (A)(6) of this section, and a violation of division (C) | 3295 |
of this section is a misdemeanor of the first degree.
| 3296 |
(3) If the offender previously has been convicted of or, | 3402 |
pleaded guilty to, or been adjudicated a delinquent child for a | 3403 |
violation of a protection order issued pursuant to section
| 3404 |
2151.34, 2903.213, or 2903.214 of the Revised Code, two or more | 3405 |
violations of section 2903.21, 2903.211, 2903.22, or 2911.211 of | 3406 |
the Revised Code that involved the same person who is the subject | 3407 |
of the protection order or consent agreement, or one or more | 3408 |
violations of this section, violating a protection order is a | 3409 |
felony of the fifth degree.
| 3410 |
(5) If the protection order violated by the offender was an | 3414 |
order issued pursuant to section 2151.34 or 2903.214 of the | 3415 |
Revised Code that required electronic monitoring of the offender | 3416 |
pursuant to that section, the court may require in addition to any | 3417 |
other sentence imposed upon the offender that the offender be | 3418 |
electronically monitored for a period not exceeding five years by | 3419 |
a law enforcement agency designated by the court. If the court | 3420 |
requires under this division that the offender be electronically | 3421 |
monitored, unless the court determines that the offender is | 3422 |
indigent, the court shall order that the offender pay the costs of | 3423 |
the installation of the electronic monitoring device and the cost | 3424 |
of monitoring the electronic monitoring device. If the court | 3425 |
determines that the offender is indigent and subject to the | 3426 |
maximum amount allowable and the rules promulgated by the attorney | 3427 |
general under section 2903.214 of the Revised Code, the costs of | 3428 |
the installation of the electronic monitoring device and the cost | 3429 |
of monitoring the electronic monitoring device shallmay be paid | 3430 |
out of funds from the reparations fund created pursuant to section | 3431 |
2743.191 of the Revised Code. The total amount paid from the | 3432 |
reparations fund created pursuant to section 2743.191 of the | 3433 |
Revised Code for electronic monitoring under this section and | 3434 |
sections 2151.34 and 2903.214 of the Revised Code shall not exceed | 3435 |
three hundred thousand dollars per year. | 3436 |
(D) As used in this section, "protection order issued by a | 3443 |
court of another state" means an injunction or another order | 3444 |
issued by a criminal court of another state for the purpose of | 3445 |
preventing violent or threatening acts or harassment against, | 3446 |
contact or communication with, or physical proximity to another | 3447 |
person, including a temporary order, and means an injunction or | 3448 |
order of that nature issued by a civil court of another state, | 3449 |
including a temporary order and a final order issued in an | 3450 |
independent action or as a pendente lite order in a proceeding for | 3451 |
other relief, if the court issued it in response to a complaint, | 3452 |
petition, or motion filed by or on behalf of a person seeking | 3453 |
protection. "Protection order issued by a court of another state" | 3454 |
does not include an order for support or for custody of a child | 3455 |
issued pursuant to the divorce and child custody laws of another | 3456 |
state, except to the extent that the order for support or for | 3457 |
custody of a child is entitled to full faith and credit under the | 3458 |
laws of the United States.
| 3459 |
Sec. 3109.06. AnyExcept as provided in division (K) of | 3460 |
section 2301.03 of the Revised Code, any court, other than a | 3461 |
juvenile court, that has jurisdiction in any case respecting the | 3462 |
allocation of parental rights and responsibilities for the care of | 3463 |
a child under eighteen years of age and the designation of the | 3464 |
child's place of residence and legal custodian or in any case | 3465 |
respecting the support of a child under eighteen years of age, | 3466 |
may, on its own motion or on motion of any interested party, with | 3467 |
the consent of the juvenile court, certify the record in the case | 3468 |
or so much of the record and such further information, in | 3469 |
narrative form or otherwise, as the court deems necessary or the | 3470 |
juvenile court requests, to the juvenile court for further | 3471 |
proceedings; upon the certification, the juvenile court shall have | 3472 |
exclusive jurisdiction. | 3473 |
In any case in which a court of common pleas, or other court | 3481 |
having jurisdiction, has issued an order that allocates parental | 3482 |
rights and responsibilities for the care of minor children and | 3483 |
designates their place of residence and legal custodian of minor | 3484 |
children, has made an order for support of minor children, or has | 3485 |
done both, the jurisdiction of the court shall not abate upon the | 3486 |
death of the person awarded custody but shall continue for all | 3487 |
purposes during the minority of the children. The court, upon its | 3488 |
own motion or the motion of either parent or of any interested | 3489 |
person acting on behalf of the children, may proceed to make | 3490 |
further disposition of the case in the best interests of the | 3491 |
children and subject to sections 3109.42 to 3109.48 of the Revised | 3492 |
Code. If the children are under eighteen years of age, it may | 3493 |
certify them, pursuant to this section, to the juvenile court of | 3494 |
any county for further proceedings. After certification to a | 3495 |
juvenile court, the jurisdiction of the court of common pleas, or | 3496 |
other court, shall cease, except as to any payments of spousal | 3497 |
support due for the spouse and support payments due and unpaid for | 3498 |
the children at the time of the certification. | 3499 |
(D)(1) If a person who files a petition pursuant to this | 3569 |
section requests an ex parte order, the court shall hold an ex | 3570 |
parte hearing on the same day that the petition is filed. The | 3571 |
court, for good cause shown at the ex parte hearing, may enter any | 3572 |
temporary orders, with or without bond, including, but not limited | 3573 |
to, an order described in division (E)(1)(a), (b), or (c) of this | 3574 |
section, that the court finds necessary to protect the family or | 3575 |
household member from domestic violence. Immediate and present | 3576 |
danger of domestic violence to the family or household member | 3577 |
constitutes good cause for purposes of this section. Immediate and | 3578 |
present danger includes, but is not limited to, situations in | 3579 |
which the respondent has threatened the family or household member | 3580 |
with bodily harm, in which the respondent has threatened the | 3581 |
family or household member with a sexually oriented offense, or in | 3582 |
which the respondent previously has been convicted of or, pleaded | 3583 |
guilty to, or been adjudicated a delinquent child for an offense | 3584 |
that constitutes domestic violence against the family or household | 3585 |
member.
| 3586 |
(2)(a) If the court, after an ex parte hearing, issues an | 3587 |
order described in division (E)(1)(b) or (c) of this section, the | 3588 |
court shall schedule a full hearing for a date that is within | 3589 |
seven court days after the ex parte hearing. If any other type of | 3590 |
protection order that is authorized under division (E) of this | 3591 |
section is issued by the court after an ex parte hearing, the | 3592 |
court shall schedule a full hearing for a date that is within ten | 3593 |
court days after the ex parte hearing. The court shall give the | 3594 |
respondent notice of, and an opportunity to be heard at, the full | 3595 |
hearing. The court shall hold the full hearing on the date | 3596 |
scheduled under this division unless the court grants a | 3597 |
continuance of the hearing in accordance with this division. Under | 3598 |
any of the following circumstances or for any of the following | 3599 |
reasons, the court may grant a continuance of the full hearing to | 3600 |
a reasonable time determined by the court:
| 3601 |
(2) If a protection order has been issued pursuant to this | 3662 |
section in a prior action involving the respondent and the | 3663 |
petitioner or one or more of the family or household members or | 3664 |
victims, the court may include in a protection order that it | 3665 |
issues a prohibition against the respondent returning to the | 3666 |
residence or household. If it includes a prohibition against the | 3667 |
respondent returning to the residence or household in the order, | 3668 |
it also shall include in the order provisions of the type | 3669 |
described in division (E)(7) of this section. This division does | 3670 |
not preclude the court from including in a protection order or | 3671 |
consent agreement, in circumstances other than those described in | 3672 |
this division, a requirement that the respondent be evicted from | 3673 |
or vacate the residence or household or refrain from entering the | 3674 |
residence, school, business, or place of employment of the | 3675 |
petitioner or a family or household member, and, if the court | 3676 |
includes any requirement of that type in an order or agreement, | 3677 |
the court also shall include in the order provisions of the type | 3678 |
described in division (E)(7) of this section.
| 3679 |
(b) Subject to the limitation on the duration of an order or | 3687 |
agreement set forth in division (E)(3)(a) of this section, any | 3688 |
order under division (E)(1)(d) of this section shall terminate on | 3689 |
the date that a court in an action for divorce, dissolution of | 3690 |
marriage, or legal separation brought by the petitioner or | 3691 |
respondent issues an order allocating parental rights and | 3692 |
responsibilities for the care of children or on the date that a | 3693 |
juvenile court in an action brought by the petitioner or | 3694 |
respondent issues an order awarding legal custody of minor | 3695 |
children. Subject to the limitation on the duration of an order or | 3696 |
agreement set forth in division (E)(3)(a) of this section, any | 3697 |
order under division (E)(1)(e) of this section shall terminate on | 3698 |
the date that a court in an action for divorce, dissolution of | 3699 |
marriage, or legal separation brought by the petitioner or | 3700 |
respondent issues a support order or on the date that a juvenile | 3701 |
court in an action brought by the petitioner or respondent issues | 3702 |
a support order.
| 3703 |
(6)(a) If a petitioner, or the child of a petitioner, who | 3735 |
obtains a protection order or consent agreement pursuant to | 3736 |
division (E)(1) of this section or a temporary protection order | 3737 |
pursuant to section 2919.26 of the Revised Code and is the subject | 3738 |
of a parenting time order issued pursuant to section 3109.051 or | 3739 |
3109.12 of the Revised Code or a visitation or companionship order | 3740 |
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the | 3741 |
Revised Code or division (E)(1)(d) of this section granting | 3742 |
parenting time rights to the respondent, the court may require the | 3743 |
public children services agency of the county in which the court | 3744 |
is located to provide supervision of the respondent's exercise of | 3745 |
parenting time or visitation or companionship rights with respect | 3746 |
to the child for a period not to exceed nine months, if the court | 3747 |
makes the following findings of fact:
| 3748 |
(7)(a) If a protection order issued or consent agreement | 3757 |
approved under this section includes a requirement that the | 3758 |
respondent be evicted from or vacate the residence or household or | 3759 |
refrain from entering the residence, school, business, or place of | 3760 |
employment of the petitioner or a family or household member, the | 3761 |
order or agreement shall state clearly that the order or agreement | 3762 |
cannot be waived or nullified by an invitation to the respondent | 3763 |
from the petitioner or other family or household member to enter | 3764 |
the residence, school, business, or place of employment or by the | 3765 |
respondent's entry into one of those places otherwise upon the | 3766 |
consent of the petitioner or other family or household member.
| 3767 |
(b) Either the petitioner or the respondent of the original | 3783 |
protection order or consent agreement may bring a motion for | 3784 |
modification or termination of a protection order or consent | 3785 |
agreement that was issued or approved after a full hearing. The | 3786 |
court shall require notice of the motion to be made as provided by | 3787 |
the Rules of Civil Procedure. If the petitioner for the original | 3788 |
protection order or consent agreement has requested that the | 3789 |
petitioner's address be kept confidential, the court shall not | 3790 |
disclose the address to the respondent of the original protection | 3791 |
order or consent agreement or any other person, except as | 3792 |
otherwise required by law. The moving party has the burden of | 3793 |
proof to show, by a preponderance of the evidence, that | 3794 |
modification or termination of the protection order or consent | 3795 |
agreement is appropriate because either the protection order or | 3796 |
consent agreement is no longer needed or because the terms of the | 3797 |
original protection order or consent agreement are no longer | 3798 |
appropriate.
| 3799 |
(G) Any proceeding under this section shall be conducted in | 3892 |
accordance with the Rules of Civil Procedure, except that an order | 3893 |
under this section may be obtained with or without bond. An order | 3894 |
issued under this section, other than an ex parte order, that | 3895 |
grants a protection order or approves a consent agreement, that | 3896 |
refuses to grant a protection order or approve a consent agreement | 3897 |
that modifies or terminates a protection order or consent | 3898 |
agreement, or that refuses to modify or terminate a protection | 3899 |
order or consent agreement, is a final, appealable order. The | 3900 |
remedies and procedures provided in this section are in addition | 3901 |
to, and not in lieu of, any other available civil or criminal | 3902 |
remedies.
| 3903 |
(2) If any person required to pay child support under an | 3927 |
order made under this section on or after April 15, 1985, or | 3928 |
modified under this section on or after December 31, 1986, is | 3929 |
found in contempt of court for failure to make support payments | 3930 |
under the order, the court that makes the finding, in addition to | 3931 |
any other penalty or remedy imposed, shall assess all court costs | 3932 |
arising out of the contempt proceeding against the person and | 3933 |
require the person to pay any reasonable attorney's fees of any | 3934 |
adverse party, as determined by the court, that arose in relation | 3935 |
to the act of contempt.
| 3936 |
(N)(1) A petitioner who obtains a protection order or consent | 3958 |
agreement under this section or a temporary protection order under | 3959 |
section 2919.26 of the Revised Code may provide notice of the | 3960 |
issuance or approval of the order or agreement to the judicial and | 3961 |
law enforcement officials in any county other than the county in | 3962 |
which the order is issued or the agreement is approved by | 3963 |
registering that order or agreement in the other county pursuant | 3964 |
to division (N)(2) of this section and filing a copy of the | 3965 |
registered order or registered agreement with a law enforcement | 3966 |
agency in the other county in accordance with that division. A | 3967 |
person who obtains a protection order issued by a court of another | 3968 |
state may provide notice of the issuance of the order to the | 3969 |
judicial and law enforcement officials in any county of this state | 3970 |
by registering the order in that county pursuant to section | 3971 |
2919.272 of the Revised Code and filing a copy of the registered | 3972 |
order with a law enforcement agency in that county.
| 3973 |
Section 4. Section 109.57 of the Revised Code is presented | 4047 |
in this act as a composite of the section as amended by both Am. | 4048 |
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. | 4049 |
Section 2151.23 of the Revised Code is presented in this act as a | 4050 |
composite of the section as amended by both Am. Sub. H.B. 214 and | 4051 |
Am. Sub. S.B. 10 of the 127th General Assembly. Section 3113.33 of | 4052 |
the Revised Code is presented in this act as a composite of the | 4053 |
section as amended by both Am. Sub. H.B. 215 and Am. Sub. S.B. 1 | 4054 |
of the 122nd General Assembly. The General Assembly, applying the | 4055 |
principle stated in division (B) of section 1.52 of the Revised | 4056 |
Code that amendments are to be harmonized if reasonably capable of | 4057 |
simultaneous operation, finds that the composites are the | 4058 |
resulting versions of the sections in effect prior to the | 4059 |
effective date of the sections as presented in this act.
| 4060 |