Section 1. That sections 145.571, 742.462,
2151.23, | 20 |
2151.231, 2151.352,
2919.21, 2919.231,
3103.031, 3105.85, | 21 |
3107.01, 3107.06, 3107.061, 3107.064, 3107.07, 3107.11, 3109.12, | 22 |
3109.19,
3111.02,
3111.03, 3111.33, 3111.35, 3111.381, 3111.64, | 23 |
3111.66,
3111.72,
3111.78, 3111.80, 3111.821, 3119.01, 3119.961, | 24 |
3119.962,
3125.28,
3305.21, 3307.371, 3309.671,
3705.09, | 25 |
3705.24,
3727.17, 5103.16, and
5505.261 be
amended, and that | 26 |
sections 3111.32 (3111.21), 3111.33
(3111.22),
and 3111.35 | 27 |
(3111.23) of the Revised Code be amended
for the
purpose of | 28 |
adopting new section numbers as indicated in
parentheses to read | 29 |
as follows: | 30 |
(B) On receipt of an order issued under section 3105.171 or | 35 |
3105.65 of the Revised Code, the public employees retirement | 36 |
system
shall determine whether the order meets the requirements of | 37 |
sections
3105.80 to 3105.90 of the Revised Code. The system shall | 38 |
retain in the participant's record an order the system determines | 39 |
meets the requirements. Not later than sixty days after receipt, | 40 |
the system shall return to the court that issued the order any | 41 |
order the system determines does not meet the requirements. | 42 |
(F) If a participant's
benefit or lump sum payment is or
will | 65 |
be subject to more than one
order described in section
3105.81 of | 66 |
the
Revised Code or to an order described in section
3105.81
of | 67 |
the Revised Code and a withholding order under sectionformer | 68 |
section 3111.23 or 3113.21 of the Revised Code,
the system
shall, | 69 |
after
determining that
the amounts that are or will be withheld | 70 |
will
cause the benefit or lump sum
payment to fall below the | 71 |
limits
described in section 3105.85 of the Revised Code, do all of | 72 |
the
following: | 73 |
(G) A withholding or deduction notice issued under section | 82 |
former section 3111.23 or 3113.21 of the Revised Code or an order | 83 |
described in
section 3115.32 of the Revised Code has
priority over | 84 |
all other
orders and shall be complied with in accordance with | 85 |
child support
enforcement laws. All other orders are entitled to | 86 |
priority in
order of earliest retention by the system. The system | 87 |
is not to
retain an
order that provides for the division of | 88 |
property unless
the order is filed in
a court with jurisdiction in | 89 |
this state. | 90 |
(B) On receipt of an order issued under section 3105.171 or | 98 |
3105.65 of the Revised Code, the Ohio
police
and fire pension fund | 99 |
shall determine whether the order
meets the requirements of | 100 |
sections 3105.80 to 3105.90 of
the Revised Code. The fund shall | 101 |
retain in the
participant's
record an order the fund determines | 102 |
meets the requirements. Not
later than sixty days after receipt, | 103 |
the fund shall return to the
court that issued the order any order | 104 |
the fund determines does
not meet the requirements. | 105 |
(F) If a participant's
benefit or lump sum payment is or
will | 128 |
be subject to more than one
order described in section
3105.81 of | 129 |
the
Revised Code or to an order described in section
3105.81
of | 130 |
the Revised Code and a withholding order under sectionformer | 131 |
section 3111.23 or 3113.21 of the Revised Code,
the fund
shall, | 132 |
after
determining that
the amounts that are or will be withheld | 133 |
will
cause the benefit or lump sum
payment to fall below the | 134 |
limits
described in section 3105.85 of the Revised Code, do all of | 135 |
the
following: | 136 |
(G) A withholding or deduction notice issued under section | 145 |
former section 3111.23 or 3113.21 of the Revised Code or an order | 146 |
described in
section 3115.32 of the Revised Code has
priority over | 147 |
all other
orders and shall be complied with in accordance with | 148 |
child support
enforcement laws. All other orders are entitled to | 149 |
priority in
order of earliest retention by the fund. The fund is | 150 |
not to
retain an
order that provides for the division of property | 151 |
unless
the order is filed in
a court with jurisdiction in this | 152 |
state. | 153 |
(1) Concerning any child who on or about the date
specified | 159 |
in the complaint, indictment, or information is alleged to have | 160 |
violated section 2151.87 of the Revised Code or an order issued | 161 |
under that section or to be a juvenile traffic
offender or a | 162 |
delinquent, unruly, abused, neglected, or
dependent child
and, | 163 |
based on and in relation to the allegation pertaining to the | 164 |
child,
concerning the parent, guardian, or other person having | 165 |
care
of a child who is alleged to be an unruly or delinquent child | 166 |
for being an
habitual or chronic
truant; | 167 |
(6) To hear and determine all criminal cases in which an | 181 |
adult is charged with a violation of division (C) of section | 182 |
2919.21, division (B)(1) of section 2919.22, section 2919.222, | 183 |
division (B) of
section 2919.23, or section 2919.24 of the Revised | 184 |
Code, provided
the charge is not included in an indictment that | 185 |
also charges the
alleged adult offender with the commission of a | 186 |
felony arising
out of the same actions that are the basis of the | 187 |
alleged
violation of division (C) of section 2919.21, division | 188 |
(B)(1) of
section 2919.22, section 2919.222, division (B) of | 189 |
section
2919.23, or section
2919.24 of the Revised Code; | 190 |
(11) Subject to divisions (G) and (V) of section 2301.03 of | 203 |
the
Revised Code, to hear
and determine a request for an order for | 204 |
the
support of any child if the request is not ancillary to an | 205 |
action
for divorce, dissolution of marriage, annulment, or legal | 206 |
separation, a criminal or civil action involving an allegation of | 207 |
domestic violence, or an action for support brought under Chapter | 208 |
3115. of the Revised Code; | 209 |
(15) To conduct the hearings, and to make the determinations, | 219 |
adjudications, and orders authorized or required under sections | 220 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code regarding | 221 |
a
child who has been adjudicated a delinquent child and to refer | 222 |
the duties conferred upon the juvenile court judge under sections | 223 |
2152.82 to 2152.86 and Chapter 2950. of the Revised Code to | 224 |
magistrates appointed by the juvenile court judge in accordance | 225 |
with Juvenile Rule 40. | 226 |
(C) The juvenile court, except as to juvenile courts that
are | 256 |
a separate division of the court of common pleas or a
separate
and | 257 |
independent juvenile court, has jurisdiction to
hear,
determine, | 258 |
and make a record of any action for divorce or
legal
separation | 259 |
that involves the custody or care of children
and that
is filed in | 260 |
the court of common pleas and certified by
the court
of common | 261 |
pleas with all the papers filed in the action
to the
juvenile | 262 |
court for trial, provided that no certification of
that
nature | 263 |
shall
be made to any juvenile court unless the consent of
the | 264 |
juvenile judge
first is obtained. After a certification of
that | 265 |
nature is made
and consent is
obtained, the juvenile court
shall | 266 |
proceed as if the action originally had
been begun in that
court, | 267 |
except as to awards for spousal support
or support due and
unpaid | 268 |
at the time of certification, over
which the juvenile court
has no | 269 |
jurisdiction. | 270 |
(D) The juvenile court, except as provided in divisions (G) | 271 |
and (I)
of section 2301.03
of the Revised Code, has jurisdiction | 272 |
to hear
and
determine all matters as to custody and support of | 273 |
children
duly
certified by the court of common pleas to the | 274 |
juvenile court
after a divorce decree has been granted, including | 275 |
jurisdiction
to
modify the judgment and decree of the court of | 276 |
common pleas as
the
same relate to the custody and support of | 277 |
children. | 278 |
(G) Any
juvenile court that
makes or modifies an order for | 292 |
child support
shall comply with
Chapters 3119., 3121., 3123., and | 293 |
3125. of the Revised Code. If any person
required to pay
child | 294 |
support under an order made by a juvenile
court on or after
April | 295 |
15, 1985, or modified on or after December
1, 1986, is
found in | 296 |
contempt of court for failure to make support
payments
under the | 297 |
order, the court that makes the finding, in
addition to
any other | 298 |
penalty or remedy imposed, shall assess all
court costs
arising | 299 |
out of the contempt proceeding against the
person and
require the | 300 |
person to pay any reasonable attorney's
fees of any
adverse party, | 301 |
as determined by the court, that arose
in relation
to the act of | 302 |
contempt. | 303 |
(H) If a child who is charged with an act that would be an | 304 |
offense if committed by an adult was fourteen years of age or | 305 |
older and under
eighteen years of age at the time of the alleged | 306 |
act and if the case is
transferred for criminal prosecution | 307 |
pursuant to section 2152.12 of the
Revised Code, the
juvenile | 308 |
court does not have jurisdiction to hear or
determine the case | 309 |
subsequent to the transfer. The court to which the
case is | 310 |
transferred for criminal prosecution pursuant to that
section has | 311 |
jurisdiction subsequent to the transfer to hear and
determine the | 312 |
case in the same manner as if the case originally
had been | 313 |
commenced in that court, including, but not limited to, | 314 |
jurisdiction to accept a plea of guilty or another plea
authorized | 315 |
by Criminal Rule 11 or another section
of the Revised Code and | 316 |
jurisdiction to accept a
verdict and to enter a judgment of | 317 |
conviction pursuant to the
Rules of Criminal Procedure against the | 318 |
child for the commission of the offense that was the basis of the | 319 |
transfer of the case for criminal prosecution, whether the | 320 |
conviction is for the same degree or a lesser degree of the | 321 |
offense charged, for the commission of a lesser-included offense, | 322 |
or for the commission of another offense that is different from | 323 |
the offense charged. | 324 |
(I) If a person under eighteen
years of age allegedly
commits | 325 |
an act that would be a felony if committed by
an adult and
if the | 326 |
person is not taken into custody or apprehended for that
act until | 327 |
after the person attains twenty-one years of age, the
juvenile | 328 |
court
does not have jurisdiction to hear or determine any
portion | 329 |
of the case
charging the person with committing that act.
In those | 330 |
circumstances,
divisions (A) and (B) of section 2152.12
of the | 331 |
Revised Code do not apply regarding the act, and the case
charging | 332 |
the person with committing the act shall be a criminal
prosecution | 333 |
commenced and heard in the appropriate court having
jurisdiction | 334 |
of the
offense as if the person had been eighteen
years of age or | 335 |
older when the
person committed the act. All
proceedings | 336 |
pertaining to the act shall be
within the jurisdiction
of the | 337 |
court having jurisdiction of the offense, and
that court
has all | 338 |
the authority and
duties
in the case that it has in other
criminal | 339 |
cases in
that court. | 340 |
Sec. 2151.231. The parent, guardian, or custodian of a | 341 |
child, the
person with whom a child resides, or the child support | 342 |
enforcement agency of
the county in which the child, parent, | 343 |
guardian, or custodian of the child
resides may bring an
action in | 344 |
a juvenile court
or other court with jurisdiction under section | 345 |
2101.022 or 2301.03 of the
Revised Code
under this section | 346 |
requesting the court to issue an
order requiring a parent of the | 347 |
child to pay an amount for the support of the
child without regard | 348 |
to the marital status of the child's parents. No
action may be | 349 |
brought under this section against a person presumed to be the | 350 |
parent of a child based on an acknowledgment of paternity that has | 351 |
not yet
become final under former section 3111.211 or 5101.314 or | 352 |
section 2151.232,
3111.25, or 3111.821 of the Revised Code. | 353 |
The parties to an action under this section may raise the | 354 |
issue of the
existence or nonexistence of a parent-child | 355 |
relationship, unless a final and
enforceable determination of the | 356 |
issue has been made with respect to the
parties pursuant to | 357 |
Chapter 3111. of the Revised Code or an acknowledgment
of | 358 |
paternity signed by the child's parents has become final pursuant | 359 |
to
former section 3111.211 or 5101.314 or
section 2151.232, | 360 |
3111.25, or
3111.821 of the Revised Code. If a complaint is
filed | 361 |
under this section and an issue concerning the existence or | 362 |
nonexistence of a
parent-child relationship is raised, the court | 363 |
shall treat the action as an
action pursuant to sections 3111.01 | 364 |
to 3111.18 of the
Revised Code. An order issued in an
action
under | 365 |
this section does not preclude a party to the action from
bringing | 366 |
a subsequent action pursuant to sections 3111.01 to
3111.18 of the | 367 |
Revised Code if the issue
concerning the existence
or nonexistence | 368 |
of the parent-child relationship was
not
determined with respect | 369 |
to the party pursuant to a proceeding
under
this section, or a | 370 |
proceeding under Chapter 3111. of the
Revised Code, or an | 371 |
acknowledgment of paternity that has become
final under former | 372 |
section
3111.211 or 5101.314 or section
2151.232,
3111.25, or | 373 |
3111.821
of the Revised Code. An order
issued pursuant to this | 374 |
section shall remain effective until an
order is issued pursuant | 375 |
to sections
3111.01 to 3111.18 of the
Revised Code that a | 376 |
parent-child relationship does
not exist
between
the alleged | 377 |
father of the child and the child or until the
occurrence of an | 378 |
event described in section
3119.88 of the
Revised Code that would | 379 |
require the
order to terminate. | 380 |
Sec. 2151.352. A
child, the child's parents or custodian,
or | 386 |
any other
person in loco parentis of the child is entitled to | 387 |
representation by legal counsel at all stages of the proceedings | 388 |
under this chapter or Chapter 2152. of the Revised Code. If, as
an | 389 |
indigent person, a party is unable to
employ counsel,
the party is | 390 |
entitled to
have counsel provided for the person pursuant to | 391 |
Chapter
120.
of the
Revised Code except in civil matters in which | 392 |
the juvenile court is exercising jurisdiction pursuant to division | 393 |
(A)(2), (3), (9), (10), (11), (12), or (13); (B)(2), (3), (4), or | 394 |
(5), or (6); (C); (D); or (F)(1) or (2) of section 2151.23 of the | 395 |
Revised Code. If a party appears without counsel, the
court
shall | 396 |
ascertain whether the party knows of the
party's right
to counsel | 397 |
and of
the party's right to be provided with counsel if
the party | 398 |
is an indigent
person. The court may continue the case
to enable a | 399 |
party to
obtain counsel, to be represented by the
county public | 400 |
defender
or the joint county public defender, or to be appointed | 401 |
counsel
upon request pursuant to Chapter 120. of the
Revised Code. | 402 |
Counsel must be provided for a child not represented
by the | 403 |
child's
parent, guardian, or custodian. If the interests
of two or | 404 |
more
such parties conflict, separate counsel shall be
provided for | 405 |
each of them. | 406 |
Section 2935.14 of the Revised Code applies to any child | 407 |
taken into custody. The parents, custodian, or guardian of such | 408 |
child, and any attorney at law representing them or the child, | 409 |
shall be entitled to visit such child at any reasonable time, be | 410 |
present at any hearing involving the child, and be given | 411 |
reasonable notice of such hearing. | 412 |
Any report or part thereof concerning such child, which is | 413 |
used in the hearing and is pertinent thereto, shall for good
cause | 414 |
shown be made available to any attorney at law representing
such | 415 |
child and to any attorney at law representing the parents, | 416 |
custodian, or guardian of such child, upon written request prior | 417 |
to any hearing involving such child. | 418 |
(G)(1) Except as otherwise provided in this division, whoever | 451 |
violates
division (A) or (B) of this section is guilty of | 452 |
nonsupport of dependents, a
misdemeanor of the first degree. If | 453 |
the offender previously has been
convicted of or
pleaded guilty to | 454 |
a violation of division (A)(2) or (B) of this section
or if the | 455 |
offender has failed to
provide support under division (A)(2) or | 456 |
(B) of this section for a total
accumulated period of twenty-six | 457 |
weeks out of one hundred four
consecutive weeks, whether or not | 458 |
the twenty-six weeks were
consecutive, then a violation of | 459 |
division (A)(2) or (B) of this section
is a felony of the fifth | 460 |
degree. If the offender previously has been
convicted of or | 461 |
pleaded guilty to a felony violation of this section, a
violation | 462 |
of division (A)(2) or (B) of this section is a felony of the | 463 |
fourth
degree. If the offender is guilty of nonsupport of | 464 |
dependents by reason of
failing to provide support to the | 465 |
offender's child as required by a child
support order issued on or | 466 |
after April 15, 1985, pursuant to section 2151.23,
2151.231, | 467 |
2151.232, 2151.33, 3105.21,
3109.05, 3111.13, 3113.04, 3113.31, or | 468 |
3115.31 of the
Revised
Code or former section 2151.232 of the | 469 |
Revised Code, the court, in addition to any other sentence | 470 |
imposed, shall
assess all court costs arising out of the charge | 471 |
against the
person and require the person to pay any reasonable | 472 |
attorney's
fees of any adverse party other than the state, as | 473 |
determined by
the court, that arose in relation to the charge. | 474 |
Sec. 2919.231. (A) No person, by using physical
harassment | 479 |
or threats of violence against another person, shall
interfere | 480 |
with the other person's initiation or continuance
of, or attempt | 481 |
to prevent the other person from initiating or
continuing, an | 482 |
action to issue or modify a support order under
Chapter 3115. or | 483 |
under section 2151.23, 2151.231, 2151.232, 2151.33,
2151.36, | 484 |
2151.361,
2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 3111.13, | 485 |
3113.04,
3113.07, or 3113.31 of the Revised Code or former section | 486 |
2151.232 of the Revised Code. | 487 |
Sec. 3103.031. A biological parent of a child, a man | 494 |
determined to be the natural father of a child under sections | 495 |
3111.01 to 3111.18 or 3111.20 to
3111.85 of the Revised Code, a | 496 |
parent who adopts a minor child pursuant to Chapter 3107. of the | 497 |
Revised Code, or a parent whose signed acknowledgment of paternity | 498 |
has becomebecame final
pursuant to former section 2151.232,or | 499 |
3111.25,of the Revised Code or
section 3111.821 of the Revised | 500 |
Code as it existed prior to the effective date of this amendment | 501 |
assumes the parental
duty
of support
for
that child. | 502 |
Notwithstanding section 3109.01 of the Revised
Code and to the | 503 |
extent provided in section 3119.86 of the Revised
Code, the | 504 |
parental duty of support to the child shall continue
beyond the | 505 |
age of majority as long as the child continuously
attends on a | 506 |
full-time basis any recognized and accredited high
school.
That | 507 |
duty of support shall continue during seasonal
vacation periods. | 508 |
(C) If a participant's benefit or lump sum payment is or
will | 520 |
be
subject to an order described in section 3105.81
of the
Revised | 521 |
Code and one or more withholding orders under sectionformer | 522 |
section 3111.23 or 3113.21 of the Revised Code, the public | 523 |
retirement
program shall not withhold from a benefit or lump sum | 524 |
payment an
aggregate amount for all orders described in section | 525 |
3105.81 of
the Revised Code that exceeds
the difference between | 526 |
fifty per
cent of the benefit or payment and the
percentage of the | 527 |
benefit
or payment that is or will be paid under orders
described | 528 |
in
sectionformer section 3111.23 or 3113.21 of the Revised Code. | 529 |
(F) "Identifying information" means any of the
following with | 548 |
regard to a person: first name, last
name, maiden name, alias, | 549 |
social security number, address, telephone
number, place of | 550 |
employment, number used to identify the person for the
purpose of | 551 |
the statewide education management information system established | 552 |
pursuant to section 3301.0714 of the Revised Code, and any other | 553 |
number
federal or state law requires or permits to be used to | 554 |
identify the person. | 555 |
(3) He has not been determined, prior to the date a petition | 563 |
to adopt
the child is filed, to have a parent and child | 564 |
relationship with the child by
a court proceeding pursuant to | 565 |
sections 3111.01 to
3111.18 of the
Revised Code, a court | 566 |
proceeding in another state, an administrative agency
proceeding | 567 |
pursuant to sections 3111.38 to
3111.54 of the Revised Code,
or | 568 |
an administrative agency proceeding in another state; | 569 |
Sec. 3107.064. (A) Except as provided in division (B)
of | 602 |
this section, a court shall not issue a final decree of adoption | 603 |
or
finalize an interlocutory order of adoption unless the mother | 604 |
placing the
minor for adoption or the agency or attorney arranging | 605 |
the adoption files with
the court a certified document provided by | 606 |
the department of job and
family services
under section 3107.063 | 607 |
of the Revised Code. The court shall not accept the
document | 608 |
unless the date the department places on the document pursuant to | 609 |
that section is thirty-one or more days after the date of the | 610 |
minor's
birth. | 611 |
(3) Prior to the date a petition to adopt the minor is
filed, | 618 |
a man has been determined to have a parent and child relationship | 619 |
with
the minor by a court proceeding pursuant to sections 3111.01 | 620 |
to
3111.18 of the
Revised Code, a court proceeding in another | 621 |
state, an administrative agency
proceeding pursuant to sections | 622 |
3111.38 to
3111.54 of the Revised Code, or an
administrative | 623 |
agency proceeding in another state; | 624 |
(A)(1) A parent of a minor, when it is alleged in the | 634 |
adoption
petition and the court, after proper service of
notice | 635 |
and
hearing, finds by clear and convincing evidence
that the | 636 |
parent
has failed without
justifiable cause to
provide more | 637 |
than de
minimis contact with the
minor
or to provide
for
the | 638 |
maintenance and support of
the minor
as
required by law or | 639 |
judicial decree for aany of the following periods of time: | 640 |
(J)(10) Any parent, legal guardian, or other lawful custodian | 697 |
in
a foreign country, if the person to be adopted has been | 698 |
released
for adoption pursuant to the laws of the country in | 699 |
which the
person resides and the release of such person is in a | 700 |
form that
satisfies the requirements of the immigration and | 701 |
naturalization
service of the United States department of justice | 702 |
for purposes of
immigration to the United States pursuant to | 703 |
section 101(b)(1)(F)
of the "Immigration and Nationality Act,"
75 | 704 |
Stat. 650 (1961), 8
U.S.C. 1101(b)(1)(F), as amended or | 705 |
reenacted. | 706 |
(2)(a) If the minor is at least twelve months old at the time | 722 |
of the filing of the adoption petition or the placement of the | 723 |
minor in the home of the petitioner, a parent has failed to | 724 |
provide for the maintenance and support of the minor as required | 725 |
by law or judicial decree if the parent paid less than twenty-five | 726 |
per cent of a court child support order, as defined in section | 727 |
3119.01 of the Revised Code, for the minor during the preceding | 728 |
year without justifiable cause. | 729 |
Sec. 3107.11. (A) After the filing of a petition to adopt
an | 738 |
adult or a minor, the court shall fix a time and place for
hearing | 739 |
the petition. The hearing may take place at any time
more
than | 740 |
thirty days after the date on which the minor is placed
in
the | 741 |
home of the petitioner. At least twenty days before the
date
of | 742 |
hearing, notice of the filing of the petition and of the
time
and | 743 |
place of hearing shall be given by the court to all of
the | 744 |
following: | 745 |
Notice shall not be given to a
person whose consent is not | 754 |
required as provided by division
(B)(A)(2), (C)(3), (D)(4), | 755 |
(E)(5), (F)(6), or
(J)(10)
of section 3107.07, or section | 756 |
3107.071, of the Revised Code.
Second
notice shall not be given | 757 |
to a juvenile court, agency, or
person whose consent
is not | 758 |
required as provided by
division (K)(A)(11)
of section 3107.07 of | 759 |
the Revised Code
because the court, agency,
or person failed to | 760 |
file an objection to the
petition within
fourteen days after | 761 |
proof was filed pursuant to division
(B) of
this section that a | 762 |
first notice was
given to the court, agency,
or person pursuant | 763 |
to division
(A)(1) of this section. | 764 |
"A FINAL DECREE OF ADOPTION, IF GRANTED, WILL RELIEVE YOU OF ALL | 771 |
PARENTAL RIGHTS AND RESPONSIBILITIES, INCLUDING THE RIGHT TO | 772 |
CONTACT THE MINOR, AND, EXCEPT WITH RESPECT TO A SPOUSE OF THE | 773 |
ADOPTION PETITIONER AND RELATIVES OF THAT SPOUSE, TERMINATE ALL | 774 |
LEGAL RELATIONSHIPS BETWEEN THE MINOR AND YOU AND THE MINOR'S | 775 |
OTHER RELATIVES, SO THAT THE MINOR THEREAFTER IS A STRANGER TO YOU | 776 |
AND THE MINOR'S FORMER RELATIVES FOR ALL PURPOSES. IF YOU WISH TO | 777 |
CONTEST THE ADOPTION, YOU MUST FILE
AN OBJECTION TO THE PETITION | 778 |
WITHIN FOURTEEN DAYS AFTER PROOF OF
SERVICE OF NOTICE OF THE | 779 |
FILING OF THE PETITION AND OF THE TIME
AND PLACE OF HEARING IS | 780 |
GIVEN TO YOU. IF YOU WISH TO CONTEST THE ADOPTION, YOU MUST ALSO | 781 |
APPEAR AT THE
HEARING. A FINAL DECREE OF ADOPTION MAY BE ENTERED | 782 |
IF YOU FAIL TO
FILE AN OBJECTION TO THE ADOPTION PETITION OR | 783 |
APPEAR AT THE
HEARING." | 784 |
|
Sec. 3109.12. (A) If a child is born to an unmarried
woman, | 789 |
the parents of the woman and any relative of the woman may
file a | 790 |
complaint requesting the court of common pleas of the
county in | 791 |
which the child resides to grant them reasonable
companionship or | 792 |
visitation rights with the child. If a child is
born to an | 793 |
unmarried woman and if the father of the child has
acknowledged | 794 |
the child and that acknowledgment has become final
pursuant to | 795 |
section 2151.232, 3111.25, or
3111.821 of the Revised
Code or has | 796 |
been determined in an action under Chapter 3111. of the Revised | 797 |
Code to be the father of the child, the father may file a | 798 |
complaint
requesting that the court of appropriate jurisdiction of | 799 |
the county in which
the child
resides grant him reasonable | 800 |
parenting time rights with the child and the
parents of the father | 801 |
and any relative of the father may file a
complaint requesting | 802 |
that the court grant them reasonable companionship or
visitation | 803 |
rights with the child. | 804 |
(B) The court may grant the parenting time rights or | 805 |
companionship or
visitation
rights requested under division (A) of | 806 |
this section, if it
determines that the granting of the parenting | 807 |
time rights or
companionship or visitation
rights is in the best | 808 |
interest of the child. In determining
whether to grant reasonable | 809 |
parenting time rights or
reasonable companionship or
visitation | 810 |
rights with respect to any child, the court shall
consider all | 811 |
relevant factors, including, but not limited to, the
factors set | 812 |
forth in division (D) of section 3109.051 of the
Revised Code. | 813 |
Divisions (C), (K), and (L) of section 3109.051 of
the Revised | 814 |
Code apply to the determination of reasonable parenting time | 815 |
rights or reasonable companionship or visitation rights under this | 816 |
section
and to any
order granting any such rights that is issued | 817 |
under this section. | 818 |
Except as provided in division (E)(6) of section 3113.31 of | 831 |
the Revised Code,
if the court, pursuant to this section, grants
| 832 |
parenting time rights or companionship or visitation
rights with | 833 |
respect to any child, it
shall not require the public children | 834 |
services agency to provide supervision
of or other services | 835 |
related to that parent's exercise of parenting time
rights with | 836 |
the child or that person's exercise of companionship or
visitation | 837 |
rights with the child. This section does not
limit the
power of a | 838 |
juvenile court pursuant to Chapter 2151. of the
Revised Code to | 839 |
issue orders with respect to children who
are alleged to be | 840 |
abused, neglected, or dependent children or to make
dispositions | 841 |
of children who are adjudicated abused, neglected, or dependent | 842 |
children or of a common pleas court to issue orders pursuant to | 843 |
section
3113.31 of the Revised Code. | 844 |
(B)(1) If a child is born to parents who are unmarried and | 847 |
unemancipated minors, a parent of one of the minors is
providing | 848 |
support for the minors' child, and the minors have
not signed an | 849 |
acknowledgment of paternity or a parent and child
relationship has | 850 |
not been established between the child and the
male minor, the | 851 |
parent who is providing support for the
child may request a | 852 |
determination of the existence or
nonexistence of a parent and | 853 |
child relationship between the
child and the male minor pursuant | 854 |
to Chapter 3111. of the
Revised Code. | 855 |
(2) If a child is born to parents who are unmarried
and | 856 |
unemancipated minors, a parent of one of the minors is
providing | 857 |
support for the child, and the minors have
signed an | 858 |
acknowledgment of paternity that has become final pursuant to | 859 |
section
2151.232, 3111.25, or
3111.821 of the
Revised Code or a | 860 |
parent and child
relationship has been established between the | 861 |
child and the male
minor pursuant to Chapter 3111. of the Revised | 862 |
Code,
the parent who is providing support for the child may
file a | 863 |
complaint requesting that the court issue an order or may
request | 864 |
the child support enforcement agency of the county in
which the | 865 |
child resides to issue an administrative order
requiring all of | 866 |
the minors' parents to pay support for the child. | 867 |
(C)(1) On receipt of a complaint filed under division
(B)(2) | 868 |
of this section, the court shall schedule a hearing to
determine, | 869 |
in accordance with
Chapters
3119., 3121., 3123., and 3125. of the | 870 |
Revised Code, the amount of child support the
minors' parents are | 871 |
required to pay, the method of paying
the support, and the method | 872 |
of providing for the child's health care
needs. On
receipt of a | 873 |
request
under division (B)(2) of this section, the agency shall | 874 |
schedule a
hearing to determine, in accordance with
Chapters | 875 |
3119., 3121., 3123., and 3125. of the Revised
Code, the amount of | 876 |
child support the minors' parents are
required to pay, the method | 877 |
of paying the
support, and the method of providing for the child's | 878 |
health care
needs. At the conclusion of the hearing, the court or | 879 |
agency shall issue
an
order requiring the payment of support of | 880 |
the child and provision for the
child's health care needs. The | 881 |
court or agency
shall calculate the
child support amount using the | 882 |
income of the minors' parents
instead of the income of the minors. | 883 |
If any of the minors'
parents are divorced, the court or agency | 884 |
shall calculate the
child support as if they were married, and | 885 |
issue a child support
order requiring the parents to pay a portion | 886 |
of any support
imposed as a separate obligation. If a child | 887 |
support order issued
pursuant to section 2151.23, 2151.231, | 888 |
2151.232, 3111.13, or
3111.81 of the Revised Code requires one of | 889 |
the minors
to
pay support for the child, the amount the minor is | 890 |
required to pay
shall be deducted from any amount that minor's | 891 |
parents are
required to pay pursuant to an order issued under this | 892 |
section.
The hearing shall be held not later than sixty days | 893 |
after the day the
complaint is filed or the request is made nor | 894 |
earlier than thirty days after
the court or agency gives the | 895 |
minors' parents notice of the action. | 896 |
(2) An order issued by an agency for the payment of child | 897 |
support shall include a notice stating all of the following: that | 898 |
the
parents of the minors may object to the order by
filing a | 899 |
complaint pursuant to division (B)(2) of this
section with the | 900 |
court requesting that the court issue an order
requiring the | 901 |
minors' parents to pay support for the child and provide for
the | 902 |
child's health care needs; that
the complaint may be filed no | 903 |
later than thirty days after the
date of the issuance of the | 904 |
agency's order; and that, if none of the parents
of the minors | 905 |
file a complaint pursuant to division (B)(2) of this
section, the | 906 |
agency's order is final and enforceable by a
court and may be | 907 |
modified and enforced only in accordance with
Chapters 3119., | 908 |
3121., 3123., and
3125. of
the Revised Code. | 909 |
(E) The minor's parents to whom support is being paid
under a | 926 |
child support order issued by a court or agency pursuant to
this | 927 |
section shall notify, and the minor's parents who are paying | 928 |
support may notify the child support enforcement agency of the | 929 |
occurrence of any event described in division (D) of this
section. | 930 |
A willful failure to notify the agency as required by
this | 931 |
division is contempt of court with respect to a court child | 932 |
support
order. Upon receiving notification
pursuant to this | 933 |
division, the agency shall comply with sections 3119.90 to 3119.94 | 934 |
of
the
Revised
Code. | 935 |
Sec. 3111.02. (A) The parent and child relationship between | 936 |
a child and the
child's natural mother may be established by proof | 937 |
of her having given birth
to the child or pursuant to sections | 938 |
3111.01 to
3111.18 or 3111.20 to 3111.85
of the Revised Code.
The | 939 |
parent and child relationship between a child and
the natural | 940 |
father of the child may be established by
an acknowledgment of | 941 |
paternity as provided in
sections 3111.20 to 3111.35 of the | 942 |
Revised Code, and pursuant to sections 3111.01 to
3111.18 or | 943 |
3111.38 to
3111.54 of the Revised Code. The parent and child | 944 |
relationship between a
child and the adoptive parent of the child | 945 |
may be established by proof of
adoption or pursuant to Chapter | 946 |
3107. of the Revised Code. | 947 |
(B) A presumption that arises under this section can
only be | 977 |
rebutted by clear and convincing evidence that includes
the | 978 |
results of genetic testing, except that a presumption that
is | 979 |
conclusive
as provided in division (A) of section 3111.95 or | 980 |
division (B) of section 3111.97 of the
Revised
Code cannot be | 981 |
rebutted.
An acknowledgment of paternity
that
becomes final under | 982 |
section 2151.232, 3111.25, or 3111.821 of
the Revised Code is not | 983 |
a
presumption and shall be considered a
final and enforceable | 984 |
determination of
paternity unless the
acknowledgment is rescinded | 985 |
under section 3111.28 or
3119.962 of
the Revised Code.
If two or | 986 |
more conflicting
presumptions arise
under this section, the court | 987 |
shall determine,
based upon logic
and policy considerations, which | 988 |
presumption
controls. | 989 |
(2) A presumption of paternity that arose prior to
March 22, | 997 |
2001, based on an acknowledgment of
paternity that became final | 998 |
under
former section 3111.211 or,
5101.314, or section 2151.232 of | 999 |
the Revised Code and a presumption of paternity that arose prior | 1000 |
to the effective date of this amendment based on an acknowledgment | 1001 |
of paternity that became final under former section 2151.232 or | 1002 |
3111.25 of the Revised Code or section 3111.821 of the Revised | 1003 |
Code as it existed prior to the effective date of this amendment | 1004 |
is not a
presumption and shall be considered a final and | 1005 |
enforceable
determination of
paternity unless the acknowledgment | 1006 |
iswas rescinded
under former section 3111.28 or
section 3119.962 | 1007 |
of the Revised Code prior to the effective date of this amendment. | 1008 |
Sec. 3111.32. Sec. 3111.21. The department of job and family | 1009 |
services shall prepare
pamphlets that discuss the benefit of | 1010 |
establishing a parent and
child relationship, the proper procedure | 1011 |
for establishing a
parent and child relationship between a father | 1012 |
and his child, and
a toll-free telephone number that interested | 1013 |
persons may call for
more information regarding the procedures for | 1014 |
establishing a
parent and child relationship. | 1015 |
Sec. 3111.33. Sec. 3111.22. The department of job and family | 1016 |
services shall make
available the pamphlets and the acknowledgment | 1017 |
of paternity affidavits and
statements
to the department of | 1018 |
health, to
each hospital it has a contract with pursuant to | 1019 |
section 3727.17
of the Revised Code, and to any individual who | 1020 |
requests a pamphlet.
The department of job and family services | 1021 |
shall make available
the affidavit acknowledging paternity to each | 1022 |
county child support
enforcement agency,
the department of health, | 1023 |
and any other person or agency that
requests copies. | 1024 |
(B) An action to determine the existence or nonexistence of a | 1036 |
parent and child relationship may be brought by the child's mother | 1037 |
in the appropriate division of the court of common pleas in the | 1038 |
county in which the child resides, without requesting an | 1039 |
administrative determination, if the child's mother brings the | 1040 |
action in order to request an order to determine the allocation of | 1041 |
parental rights and responsibilities, the payment of all or any | 1042 |
part of the reasonable expenses of the mother's pregnancy and | 1043 |
confinement, or support of the child. The clerk of the court shall | 1044 |
forward a copy of the complaint to the child support enforcement | 1045 |
agency of the county in which the complaint is filed. | 1046 |
(C) An action to determine the existence or nonexistence of a | 1047 |
parent and child relationship may be brought by the putative | 1048 |
father of the child in the appropriate division of the court of | 1049 |
common pleas in the county in which the child resides, without | 1050 |
requesting an administrative determination, if the putative father | 1051 |
brings the action in order to request an order to determine the | 1052 |
allocation of parental rights and responsibilities. The clerk of | 1053 |
the court shall forward a copy of the complaint to the child | 1054 |
support enforcement agency of the county in which the complaint is | 1055 |
filed. | 1056 |
If an action for divorce, dissolution of
marriage, or legal | 1070 |
separation, or an action under section
2151.231 or 2151.232 of the | 1071 |
Revised Code requesting an order requiring the
payment of child | 1072 |
support and provision for the health care of a child,
has been | 1073 |
filed in a court of common
pleas and a question as to the | 1074 |
existence or nonexistence of a
parent and child relationship | 1075 |
arises, the court in which the
original action was filed shall | 1076 |
retain jurisdiction to determine
the existence or nonexistence of | 1077 |
the parent and child
relationship without an administrative | 1078 |
determination being
requested from a child support enforcement | 1079 |
agency. | 1080 |
(E) That the staff person provide the mother and, if | 1133 |
possible, the father, all forms and statements
necessary to | 1134 |
voluntarily establish a parent and child
relationship, including, | 1135 |
but not limited to, the acknowledgment
of paternity affidavit | 1136 |
prepared by the department of job and family services
pursuant to | 1137 |
section 3111.31 of the Revised Code; | 1138 |
Sec. 3111.78. A parent, guardian, or legal custodian of a | 1156 |
child,
the person with whom the child resides, or the child | 1157 |
support enforcement
agency of the county in which the child, | 1158 |
parent, guardian, or
legal custodian of the child resides may do | 1159 |
the following to
require a man to pay support and provide for the | 1160 |
health care needs
of the child if the man is presumed to be the | 1161 |
natural father of
the child under section 3111.03 of the Revised | 1162 |
Code: | 1163 |
Sec. 3111.80. If a request for issuance of an administrative | 1176 |
support order is made under section 3111.29 or 3111.78 of the | 1177 |
Revised
Code or an administrative officer issues an administrative | 1178 |
order
determining the existence of a parent and child relationship | 1179 |
under
section 3111.46 of the Revised Code, the administrative | 1180 |
officer shall schedule an administrative hearing to determine, in | 1181 |
accordance with Chapters 3119. and 3121. of the Revised
Code, the | 1182 |
amount of child support any parent is required to pay, the method | 1183 |
of payment of child support, and the method of
providing for the | 1184 |
child's health care. | 1185 |
The administrative officer shall send the mother and the | 1186 |
father of
the child notice of the date, time, place, and purpose | 1187 |
of the
administrative hearing. With respect to an
administrative | 1188 |
hearing scheduled pursuant to an administrative order
determining, | 1189 |
pursuant to section 3111.46 of the Revised
Code,
the existence of | 1190 |
a parent and child relationship, the officer shall attach the | 1191 |
notice of the administrative hearing to the order and send it in | 1192 |
accordance
with that section.
The Rules of Civil Procedure shall | 1193 |
apply
regarding the sending of the notice, except to the extent | 1194 |
the
civil rules, by
their nature, are clearly inapplicable and | 1195 |
except that references in the
civil
rules to the court or the | 1196 |
clerk
of the court shall be construed as being references to the | 1197 |
child
support enforcement agency or the administrative officer. | 1198 |
Sec. 3111.821. If a request is
made pursuant to section | 1206 |
3111.78 of the Revised Code for an administrative support order | 1207 |
and
the issue of the existence or nonexistence
of a parent and | 1208 |
child relationship is raised, the administrative officer shall | 1209 |
treat
the request as a request made pursuant to section 3111.38
of | 1210 |
the Revised Code
and determine the issue in accordance with that | 1211 |
section. If the request made
under section 3111.78 of the Revised | 1212 |
Code is made based on an acknowledgment of paternity
that has not | 1213 |
become final, the administrative
officer shall promptly notify the | 1214 |
office of child support
in the department of job and family | 1215 |
services when the officer issues an order
determining the | 1216 |
existence or nonexistence of a parent and child relationship
with | 1217 |
respect to the child who is the subject of the acknowledgment of | 1218 |
paternity.
On receipt of the notice by the
office, the | 1219 |
acknowledgment of paternity
shall be considered rescinded. | 1220 |
If the parties do not raise the issue of the existence or | 1221 |
nonexistence of
a parent and child relationship pursuant to the | 1222 |
request made under
section 3111.78 of the Revised Code and
an | 1223 |
administrative order is issued pursuant to
section 3111.81 of the | 1224 |
Revised Code prior to the date the
acknowledgment
of paternity | 1225 |
becomes final, the acknowledgment shall
be considered final as of | 1226 |
the date of the issuance of the order. An
administrative order | 1227 |
issued pursuant to
section 3111.81 of the Revised Code shall not | 1228 |
affect an
acknowledgment that becomes final
prior to the issuance | 1229 |
of the order. | 1230 |
(1) "Administrative child support order" means any order | 1239 |
issued by a child support enforcement agency for the support of
a | 1240 |
child pursuant to section 3109.19 or
3111.81 of the Revised
Code | 1241 |
or former section 3111.211 of the Revised
Code, section 3111.21 of | 1242 |
the Revised Code as that
section existed prior to January 1, 1998, | 1243 |
or section 3111.20 or
3111.22 of the Revised Code as those | 1244 |
sections existed prior
to
March
22, 2001. | 1245 |
(2) "Court child support order" means any order issued by
a | 1257 |
court for the support of a child pursuant to
Chapter 3115. of the | 1258 |
Revised Code, section
2151.23, 2151.231, 2151.232, 2151.33, | 1259 |
2151.36,
2151.361, 2151.49, 3105.21, 3109.05,
3109.19, 3111.13, | 1260 |
3113.04,
3113.07, 3113.31, 3119.65,
or 3119.70
of the
Revised | 1261 |
Code, former section 2151.232 of the Revised Code, or division (B) | 1262 |
of former section 3113.21 of the
Revised
Code. | 1263 |
(7) "Gross income" means, except as excluded in
division | 1282 |
(C)(7) of this section, the total of all earned and unearned | 1283 |
income from all
sources during a calendar year, whether or not the | 1284 |
income is
taxable, and includes income from
salaries, wages, | 1285 |
overtime pay, and bonuses to the extent described
in division (D) | 1286 |
of section 3119.05 of the Revised Code; commissions;
royalties; | 1287 |
tips; rents; dividends; severance pay; pensions; interest; trust | 1288 |
income; annuities; social security benefits, including retirement, | 1289 |
disability,
and survivor benefits that are not means-tested; | 1290 |
workers'
compensation benefits; unemployment insurance benefits; | 1291 |
disability insurance benefits; benefits that are not means-tested | 1292 |
and that are
received by and in the possession of
the veteran who | 1293 |
is the beneficiary for any service-connected disability under
a | 1294 |
program or law administered by the United States
department of | 1295 |
veterans'
affairs or veterans' administration; spousal support | 1296 |
actually received; and
all other sources of
income. "Gross
income" | 1297 |
includes income of members of any branch of the
United
States | 1298 |
armed services or national guard, including,
amounts
representing | 1299 |
base pay, basic allowance for quarters,
basic
allowance for | 1300 |
subsistence, supplemental subsistence
allowance,
cost of living | 1301 |
adjustment, specialty pay, variable
housing
allowance, and pay for | 1302 |
training or other types of
required drills;
self-generated income; | 1303 |
and potential cash flow
from any source. | 1304 |
(8) "Nonrecurring or unsustainable income or cash flow
item" | 1328 |
means an income or cash flow item the parent receives
in any year | 1329 |
or for any number of years not to exceed three years
that the | 1330 |
parent does not expect to continue to receive on a
regular basis. | 1331 |
"Nonrecurring or unsustainable income or cash
flow item" does not | 1332 |
include a lottery prize award that is not
paid in a lump sum or | 1333 |
any other item of income or cash flow that
the parent receives or | 1334 |
expects to receive for each year for a
period of more than three | 1335 |
years or that the parent receives and
invests or otherwise uses to | 1336 |
produce income or cash flow for
a period of more than three years. | 1337 |
(13) "Self-generated income" means gross receipts received
by | 1383 |
a parent from self-employment, proprietorship of a business,
joint | 1384 |
ownership of a partnership or closely held corporation, and
rents | 1385 |
minus ordinary and necessary expenses incurred by the
parent
in | 1386 |
generating the gross receipts. "Self-generated income"
includes | 1387 |
expense reimbursements or in-kind payments received by a
parent | 1388 |
from self-employment, the operation of a business, or
rents, | 1389 |
including company cars, free housing,
reimbursed meals, and
other | 1390 |
benefits, if the reimbursements are
significant and reduce | 1391 |
personal living expenses. | 1392 |
Sec. 3119.961. (A) Notwithstanding the provisions to the | 1401 |
contrary
in
Civil Rule 60(B) and in accordance with
this
section, | 1402 |
a person
may file a motion for relief from a final
judgment, court | 1403 |
order, or
administrative determination or order
that determines | 1404 |
that the person or a
male minor referred to in
division (B) of | 1405 |
section 3109.19 of the
Revised Code is the father
of a child or | 1406 |
from a child
support order under which the
person
or
male minor is | 1407 |
the obligor.
Except as otherwise provided in
this section, the | 1408 |
person shall file the motion in the
division of the
court
of | 1409 |
common pleas of
the county in which the original
judgment, court | 1410 |
order,
or
child support order was
made
or issued or in the | 1411 |
division of the court of
common pleas of the county that has | 1412 |
jurisdiction involving the
administrative determination or order. | 1413 |
If the determination of
paternity is an acknowledgment of | 1414 |
paternity that has become final
under section 2151.232, 3111.25, | 1415 |
or
3111.821 of the Revised Code
or former section 2151.232, | 1416 |
3111.211, 3111.25, or
5101.314 of the Revised Code or section | 1417 |
3111.821 of the Revised Code as it existed prior to the effective | 1418 |
date of this amendment, the
person shall file the
motion in
the | 1419 |
juvenile court or other court
with jurisdiction of the county
in | 1420 |
which the
person or the child
who is the subject of the | 1421 |
acknowledgment
resides. | 1422 |
(2) A court shall not deny relief from a final judgment, | 1444 |
court order,
or administrative determination or order that | 1445 |
determines that a person or
male minor is the father of a child or | 1446 |
from a child
support order under which a person
or male minor is | 1447 |
the obligor
solely because of the
occurrence of any of the | 1448 |
following acts
if the person or
male minor at the time of or prior | 1449 |
to the occurrence of that act did not know
that he was
not the | 1450 |
natural father of the child: | 1451 |
(d) The person or male minor was named in an
acknowledgment | 1460 |
of
paternity of the child that has becomebecame final under | 1461 |
section
2151.232, 3111.25, or 3111.821 of the Revised Code or | 1462 |
former section
2151.232, 3111.211, 3111.25, or 5101.314 of the | 1463 |
Revised Code or section 3111.821 of the Revised Code as it existed | 1464 |
prior to the effective date of this amendment. | 1465 |
(B) A court shall not grant relief from a final judgment, | 1484 |
court
order,
or administrative determination or order that | 1485 |
determines that a person or male
minor is
the father of a
child or | 1486 |
from a child support order under which a
person or male minor is | 1487 |
the obligor if the court determines, by a
preponderance of the | 1488 |
evidence, that the person or male minor knew that he was not the | 1489 |
natural father of the child before any of the following: | 1490 |
(C) If the determination of paternity from which relief is | 1499 |
sought
is an acknowledgment of paternity that has become final | 1500 |
under section
2151.232, 3111.25, or 3111.821
of the Revised Code | 1501 |
or former section 2151.232, 3111.211, 3111.25, or 5101.314
of the | 1502 |
Revised Code or section 3111.821 of the Revised Code as it existed | 1503 |
prior to the effective date of this amendment, and the court | 1504 |
grants the motion for
relief, it shall order the acknowledgment to | 1505 |
be rescinded and
destroyed and order the department of job and | 1506 |
family services to
remove all information relating to the | 1507 |
acknowledgment from the
birth registry. | 1508 |
Sec. 3125.28. (A) Notwithstanding any other section of the | 1509 |
Revised
Code and except as provided in
section 3125.29 of the | 1510 |
Revised Code, a child support enforcement agency shall collect and | 1511 |
disburse all
support
amounts under a support order it is | 1512 |
administering pursuant to law as it
existed
prior to January
1, | 1513 |
1998, and shall collect the
additional amount imposed under | 1514 |
division
(G)(1) of section 2301.35 of the Revised Code as it | 1515 |
existed
prior to January
1, 1998, until the support order
is | 1516 |
converted to the automated data processing system under
section | 1517 |
3125.07 of the Revised Code
and the office of child
support | 1518 |
authorizes
centralized collection and disbursement of support | 1519 |
amounts
under the support order pursuant to the rules adopted | 1520 |
under
section 3121.71 of the Revised Code. | 1521 |
(B) Notwithstanding any other section of the
Revised Code and | 1522 |
except as provided in
section 3125.29 of the Revised Code, the | 1523 |
agency administering the support order
shall collect the amounts | 1524 |
permitted to be collected, and perform other duties
required, with | 1525 |
respect to the support order pursuant to division
(D)(1) of | 1526 |
section 2301.373,
division (B)(3)(a) of section
2301.374, | 1527 |
divisions (E)(4)(b), (F),
and (I) of former section 3111.23, | 1528 |
division
(E) of section 3111.99,
divisions (G)(4)(b), (H)(3),
and | 1529 |
(K) of former section 3113.21, division
(B) of section 3113.212, | 1530 |
division (E) of section 3113.99, and division (A)(3) of
section | 1531 |
5101.323
of the Revised
Code as those sections existed
prior to | 1532 |
January
1, 1998, and the agency shall
collect the amounts | 1533 |
permitted to be collected by the office of child support,
and | 1534 |
perform other duties required of the office, with respect to the | 1535 |
support order pursuant to
section 3123.62 and
section 3123.72 of | 1536 |
the Revised Code,
until the support order is converted and | 1537 |
authorization for centralized collection and disbursement is | 1538 |
given. | 1539 |
(B) On receipt of an order issued under section 3105.171 or | 1543 |
3105.65 of the Revised Code, an entity providing a participant's | 1544 |
alternative retirement plan
shall determine whether the order | 1545 |
meets the requirements of sections 3105.80
to
3105.90 of the | 1546 |
Revised Code, the. The entity shall retain in the
particant's | 1547 |
participant's record
an
order
the
entity determines meets the | 1548 |
requirements. Not later
than ten days after
receipt, the entity | 1549 |
shall return to the court
that issued the order any order
the | 1550 |
entity determines does not
meet the requirements. | 1551 |
(F) If a participant's
benefit or lump sum payment is or
will | 1574 |
be subject to more than one
order described in section
3105.81 of | 1575 |
the
Revised Code or to an order described in section
3105.81
of | 1576 |
the Revised Code and a withholding order under sectionformer | 1577 |
section 3111.23 or 3113.21 of the Revised Code,
the entity | 1578 |
providing the
alternative retirement plan
shall, after determining | 1579 |
that
the
amounts that are or will be withheld will cause the | 1580 |
benefit or
lump sum
payment to fall below the limits described in | 1581 |
section
3105.85 of the Revised Code, do all of
the
following: | 1582 |
(G) A withholding or deduction notice issued under
section | 1591 |
former section 3111.23 or 3113.21 of the Revised Code or an order | 1592 |
described in
section 3115.32 of the Revised Code has
priority over | 1593 |
all other
orders and shall be complied with in accordance with | 1594 |
child support
enforcement laws. All other orders are entitled to | 1595 |
priority in
order of earliest retention by the entity providing a | 1596 |
participant's
alternative retirement plan. The entity is not to | 1597 |
retain an
order that provides for the division of property unless | 1598 |
the order is filed in
a court with jurisdiction in this state. | 1599 |
(B) On receipt of an order issued under section 3105.171 or | 1607 |
3105.65 of the Revised Code, the state teachers retirement
system | 1608 |
shall determine whether the order meets the requirements of | 1609 |
sections
3105.80 to 3105.90 of the Revised Code. The system shall | 1610 |
retain in the participant's record an order the board determines | 1611 |
meets the
requirements. Not later than sixty days after
receipt, | 1612 |
the system shall return to the court that issued the order
any | 1613 |
order the system determines does not meet the requirements. | 1614 |
(F) If a participant's
benefit or lump sum payment is or
will | 1637 |
be subject to more than one
order described in section
3105.81 of | 1638 |
the
Revised Code or to an order described in section
3105.81
of | 1639 |
the Revised Code and a withholding order under sectionformer | 1640 |
section 3111.23 or 3113.21 of the Revised Code,
the system
shall, | 1641 |
after
determining that
the amounts that are or will be withheld | 1642 |
will
cause the benefit or lump sum
payment to fall below the | 1643 |
limits
described in section 3105.85 of the Revised Code, do all of | 1644 |
the
following: | 1645 |
(G) A withholding or deduction notice issued under section | 1655 |
former section
3111.23 or 3113.21 of the Revised Code or an order | 1656 |
described in
section 3115.32 of the Revised Code has
priority over | 1657 |
all other
orders and shall be complied with in accordance with | 1658 |
child support
enforcement laws. All other orders are entitled to | 1659 |
priority in
order of earliest retention by the system. The system | 1660 |
is not to
retain an
order that provides for the division of | 1661 |
property unless
the order is filed in
a court with jurisdiction in | 1662 |
this state. | 1663 |
(B) On receipt of an order issued under section 3105.171 or | 1671 |
3105.65 of the Revised Code, the school employees retirement | 1672 |
system
shall determine whether the order meets the requirements of | 1673 |
sections
3105.80 to 3105.90 of the Revised Code. The system shall | 1674 |
retain in the participant's record an order the system determines | 1675 |
meets the requirements. Not later than sixty days after receipt, | 1676 |
the system shall return to the court that issued the order any | 1677 |
order the system determines does not meet the requirements. | 1678 |
(F) If a participant's
benefit or lump sum payment is or
will | 1701 |
be subject to more than one
order described in section
3105.81 of | 1702 |
the
Revised Code or to an order described in section
3105.81
of | 1703 |
the Revised Code and a withholding order under sectionformer | 1704 |
section 3111.23 or 3113.21 of the Revised Code,
the system
shall, | 1705 |
after
determining that
the amounts that are or will be withheld | 1706 |
will
cause the benefit or lump sum
payment to fall below the | 1707 |
limits
described in section 3105.85 of the Revised Code, do all of | 1708 |
the
following: | 1709 |
(G) A withholding or deduction notice issued under section | 1718 |
former section
3111.23 or 3113.21 of the Revised Code or an order | 1719 |
described in
section 3115.32 of the Revised Code has
priority over | 1720 |
all other
orders and shall be complied with in accordance with | 1721 |
child support
enforcement laws. All other orders are entitled to | 1722 |
priority in
order of earliest retention by the system. The system | 1723 |
is not to
retain an
order that provides for the division of | 1724 |
property unless
the order is filed in
a court with jurisdiction in | 1725 |
this state. | 1726 |
(B) When a birth occurs in or en route to an institution,
the | 1734 |
person in charge of the institution or a designated
representative | 1735 |
shall obtain the personal data, prepare the
certificate, secure | 1736 |
the signatures required, and file the
certificate within ten days | 1737 |
with the local registrar of vital
statistics. The physician in | 1738 |
attendance shall provide the
medical
information required by the | 1739 |
certificate and certify to
the facts
of birth within seventy-two | 1740 |
hours after the birth. | 1741 |
(E) When a birth occurs in a moving conveyance within the | 1757 |
United States and the child is first removed from the conveyance | 1758 |
in this state, the birth shall be registered in this state and
the | 1759 |
place where it is first removed shall be considered the place
of | 1760 |
birth. When a birth occurs on a moving conveyance while in | 1761 |
international waters or air space or in a foreign country or its | 1762 |
air space and the child is first removed from the conveyance in | 1763 |
this state, the birth shall be registered in this state but the | 1764 |
record shall show the actual place of birth insofar as can be | 1765 |
determined. | 1766 |
(2) If the mother was not married at the time of conception | 1773 |
or
birth or between conception and birth, the child shall be | 1774 |
registered by the surname designated by the mother. The name
of | 1775 |
the father of such child shall also be inserted on the birth | 1776 |
certificate if
both the mother and the father sign an | 1777 |
acknowledgement of paternity
affidavit before the
birth record has | 1778 |
been sent to the
local registrar. If the father is not named on | 1779 |
the birth certificate
pursuant to division (F)(1) or (2) of this | 1780 |
section, no other
information about the father
shall be entered on | 1781 |
the record. | 1782 |
(G) When a man is presumed, found, or declared to be the | 1783 |
father of a
child, according to
section 2105.26, sections 3111.01 | 1784 |
to 3111.18,
former section 3111.21, or sections 3111.38 to
3111.54 | 1785 |
of the Revised Code, or the father
has acknowledged the
child
as | 1786 |
his child in an acknowledgment of paternity, and
the | 1787 |
acknowledgment has become final pursuant to section
2151.232, | 1788 |
3111.25, or
3111.821 of the Revised Code,
and documentary | 1789 |
evidence of such fact
is submitted to the department of health in | 1790 |
such form as the director may
require, a new birth
record shall be | 1791 |
issued by the department which shall have the
same overall | 1792 |
appearance as the record which would have been
issued under this | 1793 |
section if a marriage had occurred before the
birth of such child. | 1794 |
Where handwriting is required to effect
such appearance, the | 1795 |
department shall supply it. Upon the
issuance of such new birth | 1796 |
record, the original birth record
shall cease to be a public | 1797 |
record.
Except as provided in division (C) of section 3705.091 of | 1798 |
the Revised Code,
theThe original record and any
documentary | 1799 |
evidence
supporting the new registration of birth
shall be placed | 1800 |
in an
envelope which shall be sealed by the
department and shall | 1801 |
not be
open to inspection or copy unless so
ordered by a court of | 1802 |
competent jurisdiction. | 1803 |
The department shall then promptly forward a copy of the
new | 1804 |
birth record to the local registrar of vital statistics of
the | 1805 |
district in which the birth occurred, and such local
registrar | 1806 |
shall file a copy of such new birth record along with
and in the | 1807 |
same manner as the other copies of birth records in
such local | 1808 |
registrar's possession. All copies of the original
birth record
in | 1809 |
the possession of the local registrar or the
probate court, as | 1810 |
well as any and all index references to it,
shall be destroyed. | 1811 |
Such new birth record, as well as any
certified or exact copy of | 1812 |
it, when properly authenticated by a
duly authorized person shall | 1813 |
be prima-facie evidence in all
courts and places of the facts | 1814 |
stated in it. | 1815 |
(I) Every birth certificate filed under this section on or | 1821 |
after July 1, 1990, shall be accompanied by all social security | 1822 |
numbers that have been issued to the parents of the child, unless | 1823 |
the division of child support in the department of
job and family | 1824 |
services,
acting in accordance with regulations prescribed under | 1825 |
the
"Family Support Act of 1988," 102 Stat. 2353, 42 U.S.C.A. 405, | 1826 |
as
amended, finds good cause for not requiring that the numbers be | 1827 |
furnished with the certificate. The parents' social security | 1828 |
numbers shall not be recorded on the certificate. The local | 1829 |
registrar of vital statistics shall transmit the social security | 1830 |
numbers to the state office of vital statistics in accordance
with | 1831 |
section 3705.07 of the Revised Code. No social security
number | 1832 |
obtained under this division shall be used for any purpose
other | 1833 |
than child support enforcement. | 1834 |
(B) In addition to the fees prescribed under division (A) of | 1863 |
this section or section 3709.09 of the Revised Code, the office of | 1864 |
vital statistics or the board of health of a city or general | 1865 |
health district shall charge a five-dollar fee for each certified | 1866 |
copy of a vital record and each certification of birth. This fee | 1867 |
shall be deposited in the general operations fund created under | 1868 |
section 3701.83 of the Revised Code and be used to
support the | 1869 |
operations, the modernization, and the automation of
the vital | 1870 |
records program in this state. A board of
health shall forward | 1871 |
all fees collected under this division to the
department of | 1872 |
health not later than thirty days after the end of
each calendar | 1873 |
quarter. | 1874 |
(C) Except as otherwise provided in division (H) of
this | 1875 |
section, and except as provided in section 3705.241
of the Revised | 1876 |
Code, fees collected by the director of health under
sections | 1877 |
3705.01 to 3705.29 of the Revised Code shall be paid
into the | 1878 |
state treasury to the credit of the general operations fund | 1879 |
created by section 3701.83 of the Revised Code.
Except as | 1880 |
provided in division (B) of this section, money generated by the | 1881 |
fees shall be used only for administration and
enforcement of this | 1882 |
chapter and the rules adopted under it.
Amounts submitted to the | 1883 |
department of health for copies of vital records or services in | 1884 |
excess of the
fees imposed by this section shall be dealt with as | 1885 |
follows: | 1886 |
Each local registrar of vital statistics, or each health | 1898 |
district where the local registrar is a salaried employee of the | 1899 |
district, shall be entitled to a fee for each birth, fetal death, | 1900 |
death, or military service certificate properly and completely | 1901 |
made out and registered with the local registrar or district and | 1902 |
correctly copied and
forwarded to the office of vital statistics | 1903 |
in accordance with
the population of the primary registration | 1904 |
district at the last
federal census. The fee for each birth, fetal | 1905 |
death, death, or
military service certificate shall be: | 1906 |
(E) The director of health shall annually certify to the | 1916 |
county treasurers of the several counties the number of birth, | 1917 |
fetal death, death, and military service certificates registered | 1918 |
from their respective counties with the names of the local | 1919 |
registrars and the amounts due each registrar and health district | 1920 |
at the rates fixed in this section. Such amounts shall be paid
by | 1921 |
the treasurer of the county in which the registration
districts | 1922 |
are located. No fees shall be charged or collected by
registrars | 1923 |
except as provided by this chapter and section 3109.14
of the | 1924 |
Revised Code. | 1925 |
(H) The fee for an heirloom certification of birth issued | 1939 |
pursuant to
division (B)(2) of section 3705.23 of the Revised
Code | 1940 |
shall be an amount prescribed by rule by the
director of health | 1941 |
plus any fee required by section 3109.14 of the
Revised Code. In | 1942 |
setting the amount of the fee, the director shall
establish a | 1943 |
surcharge in addition to an amount necessary to offset the expense | 1944 |
of processing heirloom certifications of birth. The fee prescribed | 1945 |
by the director of health
pursuant to this division shall be | 1946 |
deposited
into
the state treasury to the credit of the heirloom | 1947 |
certification of birth fund
which is hereby created. Money | 1948 |
credited to the fund shall be used by the
office of vital | 1949 |
statistics to offset the expense of processing heirloom | 1950 |
certifications of birth. However, the money collected for the | 1951 |
surcharge,
subject to the approval of the controlling board, shall | 1952 |
be used for the
purposes specified by the family and children | 1953 |
first council pursuant to
section 121.37 of the Revised Code. | 1954 |
Each hospital shall provide a notary public to notarize an | 1986 |
acknowledgment
of paternity signed by the mother and father.
If a | 1987 |
hospital knows or
determines that a man is presumed under section | 1988 |
3111.03 of the
Revised Code to be the father of the child | 1989 |
described in this section and that the presumed father is not the | 1990 |
man who
signed or is attempting to sign an acknowledgment with | 1991 |
respect to the
child, the hospital shall take no further
action | 1992 |
with regard to the acknowledgment and shall not mail
the | 1993 |
acknowledgment pursuant to this
section. | 1994 |
A hospital may contract with a person or government
entity to | 1995 |
fulfill its responsibilities under this section and
sections | 1996 |
3111.71 to 3111.743111.73 of the
Revised
Code. Services provided | 1997 |
by a
hospital under this section or pursuant to a contract under | 1998 |
sections 3111.71 and 3111.77 of the
Revised Code do not constitute | 1999 |
the
practice of law. A hospital shall not be subject to criminal | 2000 |
or
civil liability for any damage or injury alleged to result from | 2001 |
services provided pursuant to this section or
sections 3111.71 to | 2002 |
3111.743111.73 of the Revised
Code unless the hospital acted with | 2003 |
malicious purpose, in bad faith, or in a
wanton or reckless | 2004 |
manner. | 2005 |
Sec. 5103.16. (A) Except as otherwise provided in this | 2006 |
section, no child
shall be placed or accepted for placement under | 2007 |
any written or
oral agreement or understanding that transfers or | 2008 |
surrenders the
legal rights, powers, or duties of the legal | 2009 |
parent, parents, or
guardian of the child into the temporary or | 2010 |
permanent custody of
any association or institution
that is not | 2011 |
certified by the
department of job and family
services under | 2012 |
section 5103.03 of the
Revised Code,
without the written consent | 2013 |
of the office in the
department that
oversees the interstate | 2014 |
compact for placement
of
children established under
section | 2015 |
5103.20
of the Revised Code
or
the interstate compact on the | 2016 |
placement of children established
under section 5103.23 of the | 2017 |
Revised Code, as applicable, or by a
commitment of a
juvenile | 2018 |
court, or by
a commitment of a probate
court as provided in this | 2019 |
section. A
child may be placed
temporarily without
written | 2020 |
consent or court
commitment with
persons related by blood
or | 2021 |
marriage or in a
legally licensed
boarding home. | 2022 |
(B)(1) Associations and institutions certified under
section | 2023 |
5103.03 of the Revised Code for the purpose of placing children in | 2024 |
free foster homes or for legal
adoption shall keep a record of the | 2025 |
temporary and permanent
surrenders of children. This record shall | 2026 |
be available for
separate statistics, which shall include a copy | 2027 |
of an official
birth record and all information concerning the | 2028 |
social, mental,
and medical history of the children that will aid | 2029 |
in an
intelligent disposition of the children in case that becomes | 2030 |
necessary because the parents or guardians fail or are unable to | 2031 |
reassume custody. | 2032 |
(C) Any agreement or understanding to transfer or
surrender | 2040 |
the legal rights, powers, or duties of the legal parent
or parents | 2041 |
and place a child with a person seeking to adopt the
child under | 2042 |
this section shall be construed to contain a promise
by the person | 2043 |
seeking to adopt the child to pay the expenses
listed in divisions | 2044 |
(C)(1), (2), and (4) of section 3107.055 of
the Revised Code and, | 2045 |
if the person seeking to adopt the child
refuses to accept | 2046 |
placement of the child, to pay the temporary
costs of routine | 2047 |
maintenance and medical care for the child in a
hospital, foster | 2048 |
home, or other appropriate place for up to
thirty days or until | 2049 |
other custody is established for the child,
as provided by law, | 2050 |
whichever is less. | 2051 |
(D) No child shall be placed or received for adoption or
with | 2052 |
intent to adopt unless placement is made by a public children | 2053 |
services
agency, an institution or
association that is certified | 2054 |
by the department of
job and family services under section 5103.03 | 2055 |
of the
Revised Code to place children for
adoption, or custodians | 2056 |
in another state or foreign country, or unless all of
the | 2057 |
following criteria are met: | 2058 |
(1) Prior to the placement and receiving of the child, the | 2059 |
parent or parents of the child personally have applied to, and | 2060 |
appeared before, the probate court of the county in which the | 2061 |
parent or parents reside, or in which the person seeking to adopt | 2062 |
the child resides, for approval of the proposed placement | 2063 |
specified in the application and have signed and filed with the | 2064 |
court a written statement showing that the parent or parents are | 2065 |
aware of their right to contest the decree of adoption subject to | 2066 |
the limitations of section 3107.16 of the Revised Code; | 2067 |
In determining whether a custodian has authority to place | 2074 |
children for adoption under the laws of a foreign country, the | 2075 |
probate court shall determine whether the child has been released | 2076 |
for adoption pursuant to the laws of the country in which the | 2077 |
child resides, and if the release is in a form that satisfies the | 2078 |
requirements of the immigration and naturalization service of the | 2079 |
United States department of justice for purposes of immigration
to | 2080 |
this country pursuant to section 101(b)(1)(F) of the
"Immigration | 2081 |
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C.
1101 | 2082 |
(b)(1)(F), as amended or reenacted. | 2083 |
If the parent or parents of the child are deceased or have | 2084 |
abandoned the child, as determined under division (A)(1) of | 2085 |
section
3107.07 of the Revised Code, the application for approval | 2086 |
of the
proposed adoptive placement may be brought by the relative | 2087 |
seeking
to adopt the child, or by the department, board, or | 2088 |
organization
not otherwise having legal authority to place the | 2089 |
orphaned or
abandoned child for adoption, but having legal
custody | 2090 |
of the
orphaned or abandoned child, in the probate court
of the | 2091 |
county in
which the child is a resident, or in which the | 2092 |
department, board,
or organization is located, or where the
person | 2093 |
or persons with
whom the child is to be placed reside.
Unless the | 2094 |
parent, parents,
or guardian of the person of the
child personally | 2095 |
have appeared
before the court and applied for
approval of the | 2096 |
placement, notice
of the hearing on the
application shall be | 2097 |
served on the parent,
parents, or guardian. | 2098 |
The consent to placement, surrender, or adoption executed
by | 2099 |
a minor parent before a judge of the probate court or an | 2100 |
authorized deputy or referee of the court, whether executed
within | 2101 |
or outside the confines of the court, is as valid as
though | 2102 |
executed by an adult. A consent given as above before an
employee | 2103 |
of a children services agency that is licensed as
provided by law, | 2104 |
is equally effective, if the consent also is
accompanied by an | 2105 |
affidavit executed by the witnessing employee
or employees to the | 2106 |
effect that the legal rights of the parents
have been fully | 2107 |
explained to the parents, prior to the execution
of any consent, | 2108 |
and that the action was done after the birth of
the child. | 2109 |
(B) On receipt of an order issued under section 3105.171 or | 2119 |
3105.65 of the Revised Code, the state highway patrol
retirement | 2120 |
system shall determine whether the order meets the requirements of | 2121 |
sections 3105.80 to 3105.90 of the Revised Code. The system
shall | 2122 |
retain in the participant's record an order the system determines | 2123 |
meets
the requirements. Not later than sixty days after
receipt, | 2124 |
the system shall return to the court that issued the order
any | 2125 |
order the system determines does not meet the requirements. | 2126 |
(F) If a participant's
benefit or lump sum payment is or
will | 2149 |
be subject to more than one
order described in section
3105.81 of | 2150 |
the
Revised Code or to an order described in section
3105.81
of | 2151 |
the Revised Code and a withholding order under sectionformer | 2152 |
section
3111.23 or 3113.21 of the Revised Code,
the system
shall, | 2153 |
after
determining that
the amounts that are or will be withheld | 2154 |
will
cause the benefit or lump sum
payment to fall below the | 2155 |
limits
described in section 3105.85 of the Revised Code, do all of | 2156 |
the
following: | 2157 |
(G) A withholding or deduction notice issued under section | 2167 |
former section 3111.23 or 3113.21 of the Revised Code or an order | 2168 |
described in
section 3115.32 of the Revised Code has
priority over | 2169 |
all other
orders and shall be complied with in accordance with | 2170 |
child support
enforcement laws. All other orders are entitled to | 2171 |
priority in
order of earliest retention by the system. The system | 2172 |
is not to
retain an
order that provides for the division of | 2173 |
property unless
the order is filed in
a court with jurisdiction in | 2174 |
this state. | 2175 |
Section 2. That existing sections 145.571, 742.462,
2151.23, | 2179 |
2151.231, 2151.352,
2919.21, 2919.231,
3103.031, 3105.85, | 2180 |
3107.01,
3107.06, 3107.061, 3107.064, 3107.07, 3107.11, 3109.12, | 2181 |
3109.19, 3111.02,
3111.03, 3111.32,
3111.33, 3111.35, 3111.381, | 2182 |
3111.64, 3111.66,
3111.72, 3111.78,
3111.80, 3111.821, 3119.01, | 2183 |
3119.961, 3119.962,
3125.28, 3305.21,
3307.371, 3309.671, | 2184 |
3705.09, 3705.24,
3727.17, 5103.16,
and 5505.261
and sections | 2185 |
2151.232, 3111.21, 3111.22, 3111.23,
3111.24,
3111.25, 3111.26, | 2186 |
3111.27, 3111.28, 3111.29, 3111.30,
3111.31,
3111.34, 3111.44, | 2187 |
3111.74, and 3705.091 of the Revised
Code are hereby repealed. | 2188 |
Section 3. Section 2151.23 of the Revised Code is
presented | 2189 |
in
this act as a composite of the section as amended by
both Am. | 2190 |
Sub. H.B. 214 and Am. Sub. S.B. 10 of
the 127th General
Assembly. | 2191 |
The General Assembly, applying the
principle stated in
division | 2192 |
(B) of section 1.52 of the Revised
Code that amendments
are to be | 2193 |
harmonized if reasonably capable of
simultaneous
operation, finds | 2194 |
that the composite is the resulting
version of
the section in | 2195 |
effect prior to the effective date of
the section
as presented in | 2196 |
this act. | 2197 |