Cosponsors:
Representatives Adams, R., Gonzales, Grossman, Henne, McGregor, Okey, Yuko, Bubp, Antonio, Boyd, Celeste, Combs, Huffman, Letson, Milkovich, Murray, O'Brien, Pillich, Reece Speaker Batchelder
Senators Wagoner, Skindell, Obhof, Oelslager, Bacon, Turner, Balderson, Burke, Coley, Eklund, Hite, Hughes, Jones, Kearney, Lehner, Manning, Patton, Peterson, Seitz
Section 1. That sections 2317.02, 3105.18, and 3105.64 be | 13 |
amended and sections 3105.41, 3105.42, 3105.43, 3105.44, 3105.45, | 14 |
3105.46, 3105.47, 3105.48, 3105.49, 3105.50, 3105.51, 3105.52, | 15 |
3105.53, and 3105.54 of the Revised Code be enacted to read as | 16 |
follows: | 17 |
(A)(1) An attorney, concerning a communication made to the | 20 |
attorney by a client in that relation or concerning the attorney's | 21 |
advice to a client, except that the attorney may testify by | 22 |
express consent of the client or, if the client is deceased, by | 23 |
the express consent of the surviving spouse or the executor or | 24 |
administrator of the estate of the deceased client. However, if | 25 |
the client voluntarily testifiesreveals the substance of | 26 |
attorney-client communications in a nonprivileged context or is | 27 |
deemed by section 2151.421 of the Revised Code to have waived any | 28 |
testimonial privilege under this division, the attorney may be | 29 |
compelled to testify on the same subject. | 30 |
The testimonial privilege established under this division | 31 |
does not apply concerning a communication between a client who has | 32 |
since died and the deceased client's attorney if the communication | 33 |
is relevant to a dispute between parties who claim through that | 34 |
deceased client, regardless of whether the claims are by testate | 35 |
or intestate succession or by inter vivos transaction, and the | 36 |
dispute addresses the competency of the deceased client when the | 37 |
deceased client executed a document that is the basis of the | 38 |
dispute or whether the deceased client was a victim of fraud, | 39 |
undue influence, or duress when the deceased client executed a | 40 |
document that is the basis of the dispute. | 41 |
(2) An attorney, concerning a communication made to the | 42 |
attorney by a client in that relationship or the attorney's advice | 43 |
to a client, except that if the client is an insurance company, | 44 |
the attorney may be compelled to testify, subject to an in camera | 45 |
inspection by a court, about communications made by the client to | 46 |
the attorney or by the attorney to the client that are related to | 47 |
the attorney's aiding or furthering an ongoing or future | 48 |
commission of bad faith by the client, if the party seeking | 49 |
disclosure of the communications has made a prima-facie showing of | 50 |
bad faith, fraud, or criminal misconduct by the client. | 51 |
(B)(1) A physician or a dentist concerning a communication | 52 |
made to the physician or dentist by a patient in that relation or | 53 |
the physician's or dentist's advice to a patient, except as | 54 |
otherwise provided in this division, division (B)(2), and division | 55 |
(B)(3) of this section, and except that, if the patient is deemed | 56 |
by section 2151.421 of the Revised Code to have waived any | 57 |
testimonial privilege under this division, the physician may be | 58 |
compelled to testify on the same subject. | 59 |
(iii) If a medical claim, dental claim, chiropractic claim, | 72 |
or optometric claim, as defined in section 2305.113 of the Revised | 73 |
Code, an action for wrongful death, any other type of civil | 74 |
action, or a claim under Chapter 4123. of the Revised Code is | 75 |
filed by the patient, the personal representative of the estate of | 76 |
the patient if deceased, or the patient's guardian or other legal | 77 |
representative. | 78 |
(b) In any civil action concerning court-ordered treatment or | 79 |
services received by a patient, if the court-ordered treatment or | 80 |
services were ordered as part of a case plan journalized under | 81 |
section 2151.412 of the Revised Code or the court-ordered | 82 |
treatment or services are necessary or relevant to dependency, | 83 |
neglect, or abuse or temporary or permanent custody proceedings | 84 |
under Chapter 2151. of the Revised Code. | 85 |
(c) In any criminal action concerning any test or the results | 86 |
of any test that determines the presence or concentration of | 87 |
alcohol, a drug of abuse, a combination of them, a controlled | 88 |
substance, or a metabolite of a controlled substance in the | 89 |
patient's whole blood, blood serum or plasma, breath, urine, or | 90 |
other bodily substance at any time relevant to the criminal | 91 |
offense in question. | 92 |
(d) In any criminal action against a physician or dentist. In | 93 |
such an action, the testimonial privilege established under this | 94 |
division does not prohibit the admission into evidence, in | 95 |
accordance with the Rules of Evidence, of a patient's medical or | 96 |
dental records or other communications between a patient and the | 97 |
physician or dentist that are related to the action and obtained | 98 |
by subpoena, search warrant, or other lawful means. A court that | 99 |
permits or compels a physician or dentist to testify in such an | 100 |
action or permits the introduction into evidence of patient | 101 |
records or other communications in such an action shall require | 102 |
that appropriate measures be taken to ensure that the | 103 |
confidentiality of any patient named or otherwise identified in | 104 |
the records is maintained. Measures to ensure confidentiality that | 105 |
may be taken by the court include sealing its records or deleting | 106 |
specific information from its records. | 107 |
(e)(i) If the communication was between a patient who has | 108 |
since died and the deceased patient's physician or dentist, the | 109 |
communication is relevant to a dispute between parties who claim | 110 |
through that deceased patient, regardless of whether the claims | 111 |
are by testate or intestate succession or by inter vivos | 112 |
transaction, and the dispute addresses the competency of the | 113 |
deceased patient when the deceased patient executed a document | 114 |
that is the basis of the dispute or whether the deceased patient | 115 |
was a victim of fraud, undue influence, or duress when the | 116 |
deceased patient executed a document that is the basis of the | 117 |
dispute. | 118 |
(ii) If neither the spouse of a patient nor the executor or | 119 |
administrator of that patient's estate gives consent under | 120 |
division (B)(1)(a)(ii) of this section, testimony or the | 121 |
disclosure of the patient's medical records by a physician, | 122 |
dentist, or other health care provider under division (B)(1)(e)(i) | 123 |
of this section is a permitted use or disclosure of protected | 124 |
health information, as defined in 45 C.F.R. 160.103, and an | 125 |
authorization or opportunity to be heard shall not be required. | 126 |
(v) A person to whom protected health information is | 133 |
disclosed under division (B)(1)(e)(i) of this section shall not | 134 |
use or disclose the protected health information for any purpose | 135 |
other than the litigation or proceeding for which the information | 136 |
was requested and shall return the protected health information to | 137 |
the covered entity or destroy the protected health information, | 138 |
including all copies made, at the conclusion of the litigation or | 139 |
proceeding. | 140 |
(2)(a) If any law enforcement officer submits a written | 141 |
statement to a health care provider that states that an official | 142 |
criminal investigation has begun regarding a specified person or | 143 |
that a criminal action or proceeding has been commenced against a | 144 |
specified person, that requests the provider to supply to the | 145 |
officer copies of any records the provider possesses that pertain | 146 |
to any test or the results of any test administered to the | 147 |
specified person to determine the presence or concentration of | 148 |
alcohol, a drug of abuse, a combination of them, a controlled | 149 |
substance, or a metabolite of a controlled substance in the | 150 |
person's whole blood, blood serum or plasma, breath, or urine at | 151 |
any time relevant to the criminal offense in question, and that | 152 |
conforms to section 2317.022 of the Revised Code, the provider, | 153 |
except to the extent specifically prohibited by any law of this | 154 |
state or of the United States, shall supply to the officer a copy | 155 |
of any of the requested records the provider possesses. If the | 156 |
health care provider does not possess any of the requested | 157 |
records, the provider shall give the officer a written statement | 158 |
that indicates that the provider does not possess any of the | 159 |
requested records. | 160 |
(b) If a health care provider possesses any records of the | 161 |
type described in division (B)(2)(a) of this section regarding the | 162 |
person in question at any time relevant to the criminal offense in | 163 |
question, in lieu of personally testifying as to the results of | 164 |
the test in question, the custodian of the records may submit a | 165 |
certified copy of the records, and, upon its submission, the | 166 |
certified copy is qualified as authentic evidence and may be | 167 |
admitted as evidence in accordance with the Rules of Evidence. | 168 |
Division (A) of section 2317.422 of the Revised Code does not | 169 |
apply to any certified copy of records submitted in accordance | 170 |
with this division. Nothing in this division shall be construed to | 171 |
limit the right of any party to call as a witness the person who | 172 |
administered the test to which the records pertain, the person | 173 |
under whose supervision the test was administered, the custodian | 174 |
of the records, the person who made the records, or the person | 175 |
under whose supervision the records were made. | 176 |
(3)(a) If the testimonial privilege described in division | 177 |
(B)(1) of this section does not apply as provided in division | 178 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 179 |
compelled to testify or to submit to discovery under the Rules of | 180 |
Civil Procedure only as to a communication made to the physician | 181 |
or dentist by the patient in question in that relation, or the | 182 |
physician's or dentist's advice to the patient in question, that | 183 |
related causally or historically to physical or mental injuries | 184 |
that are relevant to issues in the medical claim, dental claim, | 185 |
chiropractic claim, or optometric claim, action for wrongful | 186 |
death, other civil action, or claim under Chapter 4123. of the | 187 |
Revised Code. | 188 |
(b) If the testimonial privilege described in division (B)(1) | 189 |
of this section does not apply to a physician or dentist as | 190 |
provided in division (B)(1)(c) of this section, the physician or | 191 |
dentist, in lieu of personally testifying as to the results of the | 192 |
test in question, may submit a certified copy of those results, | 193 |
and, upon its submission, the certified copy is qualified as | 194 |
authentic evidence and may be admitted as evidence in accordance | 195 |
with the Rules of Evidence. Division (A) of section 2317.422 of | 196 |
the Revised Code does not apply to any certified copy of results | 197 |
submitted in accordance with this division. Nothing in this | 198 |
division shall be construed to limit the right of any party to | 199 |
call as a witness the person who administered the test in | 200 |
question, the person under whose supervision the test was | 201 |
administered, the custodian of the results of the test, the person | 202 |
who compiled the results, or the person under whose supervision | 203 |
the results were compiled. | 204 |
(5)(a) As used in divisions (B)(1) to (4) of this section, | 210 |
"communication" means acquiring, recording, or transmitting any | 211 |
information, in any manner, concerning any facts, opinions, or | 212 |
statements necessary to enable a physician or dentist to diagnose, | 213 |
treat, prescribe, or act for a patient. A "communication" may | 214 |
include, but is not limited to, any medical or dental, office, or | 215 |
hospital communication such as a record, chart, letter, | 216 |
memorandum, laboratory test and results, x-ray, photograph, | 217 |
financial statement, diagnosis, or prognosis. | 218 |
(i) "Ambulatory care facility" means a facility that provides | 224 |
medical, diagnostic, or surgical treatment to patients who do not | 225 |
require hospitalization, including a dialysis center, ambulatory | 226 |
surgical facility, cardiac catheterization facility, diagnostic | 227 |
imaging center, extracorporeal shock wave lithotripsy center, home | 228 |
health agency, inpatient hospice, birthing center, radiation | 229 |
therapy center, emergency facility, and an urgent care center. | 230 |
"Ambulatory health care facility" does not include the private | 231 |
office of a physician or dentist, whether the office is for an | 232 |
individual or group practice. | 233 |
(v) "Long-term care facility" means a nursing home, | 241 |
residential care facility, or home for the aging, as those terms | 242 |
are defined in section 3721.01 of the Revised Code; a residential | 243 |
facility licensed under section 5119.22 of the Revised Code that | 244 |
provides accommodations, supervision, and personal care services | 245 |
for three to sixteen unrelated adults; a nursing facility or | 246 |
intermediate care facility for the mentally retarded, as those | 247 |
terms are defined in section 5111.20 of the Revised Code; a | 248 |
facility or portion of a facility certified as a skilled nursing | 249 |
facility under Title XVIII of the "Social Security Act," 49 Stat. | 250 |
286 (1965), 42 U.S.C.A. 1395, as amended. | 251 |
(7) Nothing in divisions (B)(1) to (6) of this section | 260 |
affects, or shall be construed as affecting, the immunity from | 261 |
civil liability conferred by section 307.628 of the Revised Code | 262 |
or the immunity from civil liability conferred by section 2305.33 | 263 |
of the Revised Code upon physicians who report an employee's use | 264 |
of a drug of abuse, or a condition of an employee other than one | 265 |
involving the use of a drug of abuse, to the employer of the | 266 |
employee in accordance with division (B) of that section. As used | 267 |
in division (B)(7) of this section, "employee," "employer," and | 268 |
"physician" have the same meanings as in section 2305.33 of the | 269 |
Revised Code. | 270 |
(C)(1) A cleric, when the cleric remains accountable to the | 271 |
authority of that cleric's church, denomination, or sect, | 272 |
concerning a confession made, or any information confidentially | 273 |
communicated, to the cleric for a religious counseling purpose in | 274 |
the cleric's professional character. The cleric may testify by | 275 |
express consent of the person making the communication, except | 276 |
when the disclosure of the information is in violation of a sacred | 277 |
trust and except that, if the person voluntarily testifies or is | 278 |
deemed by division (A)(4)(c) of section 2151.421 of the Revised | 279 |
Code to have waived any testimonial privilege under this division, | 280 |
the cleric may be compelled to testify on the same subject except | 281 |
when disclosure of the information is in violation of a sacred | 282 |
trust. | 283 |
(F) A person who, if a party, would be restricted under | 309 |
section 2317.03 of the Revised Code, when the property or thing is | 310 |
sold or transferred by an executor, administrator, guardian, | 311 |
trustee, heir, devisee, or legatee, shall be restricted in the | 312 |
same manner in any action or proceeding concerning the property or | 313 |
thing. | 314 |
(G)(1) A school guidance counselor who holds a valid educator | 315 |
license from the state board of education as provided for in | 316 |
section 3319.22 of the Revised Code, a person licensed under | 317 |
Chapter 4757. of the Revised Code as a professional clinical | 318 |
counselor, professional counselor, social worker, independent | 319 |
social worker, marriage and family therapist or independent | 320 |
marriage and family therapist, or registered under Chapter 4757. | 321 |
of the Revised Code as a social work assistant concerning a | 322 |
confidential communication received from a client in that relation | 323 |
or the person's advice to a client unless any of the following | 324 |
applies: | 325 |
(H) A mediator acting under a mediation order issued under | 359 |
division (A) of section 3109.052 of the Revised Code or otherwise | 360 |
issued in any proceeding for divorce, dissolution, legal | 361 |
separation, annulment, or the allocation of parental rights and | 362 |
responsibilities for the care of children, in any action or | 363 |
proceeding, other than a criminal, delinquency, child abuse, child | 364 |
neglect, or dependent child action or proceeding, that is brought | 365 |
by or against either parent who takes part in mediation in | 366 |
accordance with the order and that pertains to the mediation | 367 |
process, to any information discussed or presented in the | 368 |
mediation process, to the allocation of parental rights and | 369 |
responsibilities for the care of the parents' children, or to the | 370 |
awarding of parenting time rights in relation to their children; | 371 |
(I) A communications assistant, acting within the scope of | 372 |
the communication assistant's authority, when providing | 373 |
telecommunications relay service pursuant to section 4931.06 of | 374 |
the Revised Code or Title II of the "Communications Act of 1934," | 375 |
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication | 376 |
made through a telecommunications relay service. Nothing in this | 377 |
section shall limit the obligation of a communications assistant | 378 |
to divulge information or testify when mandated by federal law or | 379 |
regulation or pursuant to subpoena in a criminal proceeding. | 380 |
(J)(1) A chiropractor in a civil proceeding concerning a | 383 |
communication made to the chiropractor by a patient in that | 384 |
relation or the chiropractor's advice to a patient, except as | 385 |
otherwise provided in this division. The testimonial privilege | 386 |
established under this division does not apply, and a chiropractor | 387 |
may testify or may be compelled to testify, in any civil action, | 388 |
in accordance with the discovery provisions of the Rules of Civil | 389 |
Procedure in connection with a civil action, or in connection with | 390 |
a claim under Chapter 4123. of the Revised Code, under any of the | 391 |
following circumstances: | 392 |
(c) If a medical claim, dental claim, chiropractic claim, or | 398 |
optometric claim, as defined in section 2305.113 of the Revised | 399 |
Code, an action for wrongful death, any other type of civil | 400 |
action, or a claim under Chapter 4123. of the Revised Code is | 401 |
filed by the patient, the personal representative of the estate of | 402 |
the patient if deceased, or the patient's guardian or other legal | 403 |
representative. | 404 |
(2) If the testimonial privilege described in division (J)(1) | 405 |
of this section does not apply as provided in division (J)(1)(c) | 406 |
of this section, a chiropractor may be compelled to testify or to | 407 |
submit to discovery under the Rules of Civil Procedure only as to | 408 |
a communication made to the chiropractor by the patient in | 409 |
question in that relation, or the chiropractor's advice to the | 410 |
patient in question, that related causally or historically to | 411 |
physical or mental injuries that are relevant to issues in the | 412 |
medical claim, dental claim, chiropractic claim, or optometric | 413 |
claim, action for wrongful death, other civil action, or claim | 414 |
under Chapter 4123. of the Revised Code. | 415 |
(4) As used in this division, "communication" means | 419 |
acquiring, recording, or transmitting any information, in any | 420 |
manner, concerning any facts, opinions, or statements necessary to | 421 |
enable a chiropractor to diagnose, treat, or act for a patient. A | 422 |
communication may include, but is not limited to, any | 423 |
chiropractic, office, or hospital communication such as a record, | 424 |
chart, letter, memorandum, laboratory test and results, x-ray, | 425 |
photograph, financial statement, diagnosis, or prognosis. | 426 |
Sec. 3105.18. (A) As used in this section, "spousal support" | 517 |
means any payment or payments to be made to a spouse or former | 518 |
spouse, or to a third party for the benefit of a spouse or a | 519 |
former spouse, that is both for sustenance and for support of the | 520 |
spouse or former spouse. "Spousal support" does not include any | 521 |
payment made to a spouse or former spouse, or to a third party for | 522 |
the benefit of a spouse or former spouse, that is made as part of | 523 |
a division or distribution of property or a distributive award | 524 |
under section 3105.171 of the Revised Code. | 525 |
(B) In divorce and legal separation proceedings, upon the | 526 |
request of either party and after the court determines the | 527 |
division or disbursement of property under section 3105.171 of the | 528 |
Revised Code, the court of common pleas may award reasonable | 529 |
spousal support to either party. During the pendency of any | 530 |
divorce, or legal separation proceeding, the court may award | 531 |
reasonable temporary spousal support to either party. | 532 |
(k) The time and expense necessary for the spouse who is | 567 |
seeking spousal support to acquire education, training, or job | 568 |
experience so that the spouse will be qualified to obtain | 569 |
appropriate employment, provided the education, training, or job | 570 |
experience, and employment is, in fact, sought; | 571 |
(E) If a continuing order for periodic payments of money as | 587 |
alimony is entered in a divorce or dissolution of marriage action | 588 |
that is determined on or after May 2, 1986, and before January 1, | 589 |
1991, or if a continuing order for periodic payments of money as | 590 |
spousal support is entered in a divorce or dissolution of marriage | 591 |
action that is determined on or after January 1, 1991, the court | 592 |
that enters the decree of divorce or dissolution of marriage does | 593 |
not have jurisdiction to modify the amount or terms of the alimony | 594 |
or spousal support unless the court determines that the | 595 |
circumstances of either party have changed and unless one of the | 596 |
following applies: | 597 |
(F)(1) For purposes of divisions (D) and (E) of this section | 606 |
and subject to division (F)(2) of this section, a change in the | 607 |
circumstances of a party includes, but is not limited to, any | 608 |
increase or involuntary decrease in the party's wages, salary, | 609 |
bonuses, living expenses, or medical expenses, or other changed | 610 |
circumstances so long as both of the following apply: | 611 |
(G) If any person required to pay alimony under an order made | 624 |
or modified by a court on or after December 1, 1986, and before | 625 |
January 1, 1991, or any person required to pay spousal support | 626 |
under an order made or modified by a court on or after January 1, | 627 |
1991, is found in contempt of court for failure to make alimony or | 628 |
spousal support payments under the order, the court that makes the | 629 |
finding, in addition to any other penalty or remedy imposed, shall | 630 |
assess all court costs arising out of the contempt proceeding | 631 |
against the person and shall require the person to pay any | 632 |
reasonable attorney's fees of any adverse party, as determined by | 633 |
the court, that arose in relation to the act of contempt. | 634 |
(G) "Law firm" means an association of lawyers who practice | 662 |
law together in a partnership, professional corporation, sole | 663 |
proprietorship, limited liability company, or other association, | 664 |
lawyers employed in a legal services organization, the legal | 665 |
department of a corporation or other organization, or the legal | 666 |
department of a government or governmental subdivision, agency, or | 667 |
instrumentality. | 668 |
(J) "Person" means an individual, corporation, business | 677 |
trust, estate, trust, partnership, limited liability company, | 678 |
association, joint venture, public corporation, government or | 679 |
governmental subdivision, agency, or instrumentality, or any other | 680 |
legal or commercial entity. | 681 |
(2) Notwithstanding the discharge or withdrawal of a | 760 |
collaborative family lawyer, a collaborative family law process | 761 |
continues if the unrepresented party engages a successor | 762 |
collaborative family lawyer, and, in a signed record, all parties | 763 |
consent to continue the process by reaffirming the collaborative | 764 |
family law participation agreement, the collaborative family law | 765 |
participation agreement is amended to identify the successor | 766 |
collaborative family lawyer, and the successor collaborative | 767 |
family lawyer confirms the lawyer's representation of a party in | 768 |
the collaborative family law process. | 769 |
Sec. 3105.45. (A) Except as otherwise provided in division | 774 |
(C) of this section, a collaborative family lawyer may not appear | 775 |
before a court to represent a party in a proceeding related to the | 776 |
collaborative family law matter. A collaborative family lawyer | 777 |
representing a party that is a government or governmental | 778 |
subdivision, agency, or instrumentality is subject to | 779 |
disqualification under this division. | 780 |
(2) To seek or defend an emergency order to protect the | 792 |
health, safety, welfare, or interests of a party or of a family or | 793 |
household member of a party if a successor lawyer is not | 794 |
immediately available to represent the party or family or | 795 |
household member of the party. If a successor lawyer is not | 796 |
immediately available to represent the party or family or | 797 |
household member of the party, divisions (A) and (B) of this | 798 |
section do not apply until a successor lawyer assumes | 799 |
representation of the party or family or household member of the | 800 |
party or reasonable measures are taken to protect the health, | 801 |
safety, welfare, or interests of the party or family or household | 802 |
member of the party. | 803 |
Sec. 3105.46. During the collaborative family law process, | 804 |
at the request of another party, a party shall make timely, full, | 805 |
candid, and informal disclosure of information related to the | 806 |
collaborative matter without formal discovery and shall update | 807 |
promptly information that has materially changed. Parties may | 808 |
define the scope of disclosure, except as otherwise provided by | 809 |
law. | 810 |
(C) There is no privilege under section 3105.49 of the | 868 |
Revised Code if the communication is sought in connection with or | 869 |
offered in any criminal proceeding involving a felony, a | 870 |
delinquent child proceeding based on what would be a felony if | 871 |
committed by an adult, or a proceeding initiated by the state or a | 872 |
child protection agency in which it is alleged that a child is an | 873 |
abused, neglected, or dependent child. | 874 |
(D) There is no privilege under section 3105.49 of the | 875 |
Revised Code if a court finds, after a hearing in camera, that the | 876 |
party seeking discovery or the proponent of the evidence has shown | 877 |
that the evidence is not otherwise available, the need for the | 878 |
evidence substantially outweighs the interest in protecting | 879 |
confidentiality, and the collaborative family law communication is | 880 |
sought or offered in a criminal action or in a proceeding seeking | 881 |
rescission or reformation of a contract arising out of the | 882 |
collaborative family law process or in which a defense to avoid | 883 |
liability on the contract is asserted. | 884 |
(G) The privileges under section 3105.49 of the Revised Code | 893 |
do not apply if the parties agree in advance in a signed record, | 894 |
or if a record of a proceeding reflects agreement by the parties, | 895 |
that all or part of a collaborative family law process is not | 896 |
privileged. This division does not apply to a collaborative family | 897 |
law communication made by a person that did not receive actual | 898 |
notice of the agreement before the communication was made. | 899 |
Sec. 3105.52. Even though a collaborative family law | 900 |
participation agreement fails to meet the requirements of section | 901 |
3105.43 of the Revised Code, a court may find that the parties | 902 |
intended to enter into a collaborative family law participation | 903 |
agreement if the parties signed a record indicating an intention | 904 |
to enter into a collaborative family law participation agreement | 905 |
and the parties reasonably believed they were participating in a | 906 |
collaborative family law process. If a court makes such a finding, | 907 |
sections 3105.41 to 3105.54 of the Revised Code apply to the same | 908 |
extent as if the parties had entered into a valid collaborative | 909 |
family law participation agreement. | 910 |
Sec. 3105.53. Sections 3105.41 to 3105.54 of the Revised | 911 |
Code modify, limit, and supersede the "Electronic Signatures in | 912 |
Global and National Commerce Act," 114 Stat. 464, 15 U.S.C. 7001, | 913 |
et seq., but do not modify, limit, or supersede section 101(c) of | 914 |
that act, 15 U.S.C. 7001(c), or authorize electronic delivery of | 915 |
any of the notices described in section 103(b) of that act, 15 | 916 |
U.S.C. 7003(b). | 917 |
Sec. 3105.64. (A) Except as provided in division (B) or (C) | 920 |
of this section, not less than thirty nor more than ninety days | 921 |
after the filing of a petition for dissolution of marriage, both | 922 |
spouses shall appear before the court, and each spouse shall | 923 |
acknowledge under oath that he hasthat spouse voluntarily entered | 924 |
into the separation agreement appended to the petition, that he | 925 |
that spouse is satisfied with its terms, and that hethat spouse | 926 |
seeks dissolution of the marriage. | 927 |
Section 4. The proposed changes made by this act to section | 963 |
3105.18 of the Revised Code are intended to abrogate Mandelbaum v. | 964 |
Mandelbaum (2009), 121 Ohio St.3d 433. Specifically, the proposed | 965 |
changes clarify (1) that "a change in circumstances" must be | 966 |
"substantial" so as to make the existing award no longer | 967 |
reasonable or appropriate; and (2) that the "change in | 968 |
circumstances" must be circumstances that were not taken into | 969 |
account by the parties or the court when the award was set or last | 970 |
modified, whether or not such circumstances were otherwise | 971 |
contemplated or foreseeable. The proposed changes are also | 972 |
intended to specify that other events may constitute a change in | 973 |
circumstances and to give courts guidance so that courts must | 974 |
consider any purpose expressed in the initial order or award, | 975 |
enforce any voluntary agreement of the parties, and only modify | 976 |
the continuing jurisdiction of the court as contained in the | 977 |
original decree if the parties agree. | 978 |