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 cohabitation or retirement and other | 973 |
events may constitute a change in circumstances and to give courts | 974 |
guidance so that courts must consider any purpose expressed in the | 975 |
initial order or award, enforce any voluntary agreement of the | 976 |
parties, and only modify the continuing jurisdiction of the court | 977 |
as contained in the original decree if the parties agree. | 978 |