As Passed by the Senate

129th General Assembly
Regular Session
2011-2012
Am. Sub. H. B. No. 92


Representatives Martin, Beck 

Cosponsors: Representatives Derickson, Boose, Blair, Pillich, Okey, Murray, Slesnick, Maag, Johnson, Letson, Szollosi, McKenney, Bubp, Stinziano, Huffman, Coley, Adams, J., Anielski, Antonio, Baker, Barnes, Blessing, Brenner, Buchy, Burke, Butler, Carey, Carney, Celeste, Combs, DeGeeter, Dovilla, Driehaus, Fedor, Fende, Foley, Gardner, Garland, Gentile, Gerberry, Gonzales, Goyal, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Heard, Hottinger, Luckie, Lundy, Mallory, McClain, Mecklenborg, Milkovich, Newbold, O'Brien, Patmon, Peterson, Phillips, Ramos, Reece, Roegner, Rosenberger, Ruhl, Schuring, Sears, Slaby, Sprague, Stebelton, Thompson, Uecker, Wachtmann, Weddington, Winburn, Young, Yuko Speaker Batchelder 

Senators Coley, Tavares, Bacon, Beagle, Daniels, Gillmor, Hite, Hughes, Jones, Kearney, Lehner, Niehaus, Obhof, Oelslager, Patton, Sawyer, Seitz, Smith, Stewart, Wagoner, Widener, Wilson 



A BILL
To amend sections 3107.02 and 5103.16 of the Revised 1
Code to allow an adult to be adopted if the adult 2
is the child of the spouse of the adoption 3
petitioner, is totally or permanently disabled, 4
had established a kinship caregiver relationship 5
with the petitioner, or was in a planned permanent 6
living arrangement with a public children services 7
or private child placing agency, and the adult 8
consents to the adoption and to extend to a 9
grandparent's spouse the exemption from certain 10
adoptive placement requirements.11


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3107.02 and 5103.16 of the Revised 12
Code be amended to read as follows:13

       Sec. 3107.02.  (A) Any minor may be adopted.14

       (B) An adult may be adopted under any of the following 15
conditions:16

       (1) If the adult is totally andor permanently disabled;17

       (2) If the adult is determined to be a mentally retarded 18
person as defined in section 5123.01 of the Revised Code;19

       (3) If the adult had established a child-foster caregiver, 20
kinship caregiver, or child-stepparent relationship with the 21
petitioners as a minor, and the adult consents to the adoption;22

       (4) If the adult was, at the time of the adult's eighteenth 23
birthday, in the permanent custody of or in a planned permanent 24
living arrangement with a public children services agency or a 25
private child placing agency, and the adult consents to the 26
adoption;27

       (5) If the adult is the child of the spouse of the 28
petitioner, and the adult consents to the adoption.29

       (C) When proceedings to adopt a minor are initiated by the 30
filing of a petition, and the eighteenth birthday of the minor 31
occurs prior to the decision of the court, the court shall require 32
the person who is to be adopted to submit a written statement of 33
consent or objection to the adoption. If an objection is 34
submitted, the petition shall be dismissed, and if a consent is 35
submitted, the court shall proceed with the case, and may issue an 36
interlocutory order or final decree of adoption.37

       (D) Any physical examination of the individual to be adopted 38
as part of or in contemplation of a petition to adopt may be 39
conducted by any health professional authorized by the Revised 40
Code to perform physical examinations, including a physician 41
assistant, a clinical nurse specialist, a certified nurse 42
practitioner, or a certified nurse-midwife. Any written 43
documentation of the physical examination shall be completed by 44
the healthcare professional who conducted the examination.45

       (E) An adult who consents to an adoption pursuant to division 46
(B)(4) of this section shall provide the court with the name and 47
contact information of the public children services agency or 48
private child placing agency that had permanent custody of or a 49
planned permanent living arrangement with that adult. The 50
petitioner shall request verification from the agency as to 51
whether the adult was or was not in the permanent custody of or in 52
a planned permanent living arrangement with that agency at the 53
time of the adult's eighteenth birthday and provide the 54
verification to the court.55

       (F) As used in this section:56

        (1) "Kinship caregiver" has the same meaning as in section 57
5101.85 of the Revised Code.58

        (2) "Mentally retarded person" has the same meaning as in 59
section 5123.01 of the Revised Code.60

        (3) "Permanent custody" and "planned permanent living 61
arrangement" have the same meanings as in section 2151.011 of the 62
Revised Code. 63

       Sec. 5103.16.  (A) Except as otherwise provided in this 64
section, no child shall be placed or accepted for placement under 65
any written or oral agreement or understanding that transfers or 66
surrenders the legal rights, powers, or duties of the legal 67
parent, parents, or guardian of the child into the temporary or 68
permanent custody of any association or institution that is not 69
certified by the department of job and family services under 70
section 5103.03 of the Revised Code, without the written consent 71
of the office in the department that oversees the interstate 72
compact for placement of children established under section 73
5103.20 of the Revised Code or the interstate compact on the 74
placement of children established under section 5103.23 of the 75
Revised Code, as applicable, or by a commitment of a juvenile 76
court, or by a commitment of a probate court as provided in this 77
section. A child may be placed temporarily without written consent 78
or court commitment with persons related by blood or marriage or 79
in a legally licensed boarding home.80

       (B)(1) Associations and institutions certified under section 81
5103.03 of the Revised Code for the purpose of placing children in 82
free foster homes or for legal adoption shall keep a record of the 83
temporary and permanent surrenders of children. This record shall 84
be available for separate statistics, which shall include a copy 85
of an official birth record and all information concerning the 86
social, mental, and medical history of the children that will aid 87
in an intelligent disposition of the children in case that becomes 88
necessary because the parents or guardians fail or are unable to 89
reassume custody.90

       (2) No child placed on a temporary surrender with an 91
association or institution shall be placed permanently in a foster 92
home or for legal adoption. All surrendered children who are 93
placed permanently in foster homes or for adoption shall have been 94
permanently surrendered, and a copy of the permanent surrender 95
shall be a part of the separate record kept by the association or 96
institution.97

       (C) Any agreement or understanding to transfer or surrender 98
the legal rights, powers, or duties of the legal parent or parents 99
and place a child with a person seeking to adopt the child under 100
this section shall be construed to contain a promise by the person 101
seeking to adopt the child to pay the expenses listed in divisions 102
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and, 103
if the person seeking to adopt the child refuses to accept 104
placement of the child, to pay the temporary costs of routine 105
maintenance and medical care for the child in a hospital, foster 106
home, or other appropriate place for up to thirty days or until 107
other custody is established for the child, as provided by law, 108
whichever is less.109

       (D) No child shall be placed or received for adoption or with 110
intent to adopt unless placement is made by a public children 111
services agency, an institution or association that is certified 112
by the department of job and family services under section 5103.03 113
of the Revised Code to place children for adoption, or custodians 114
in another state or foreign country, or unless all of the 115
following criteria are met:116

       (1) Prior to the placement and receiving of the child, the 117
parent or parents of the child personally have applied to, and 118
appeared before, the probate court of the county in which the 119
parent or parents reside, or in which the person seeking to adopt 120
the child resides, for approval of the proposed placement 121
specified in the application and have signed and filed with the 122
court a written statement showing that the parent or parents are 123
aware of their right to contest the decree of adoption subject to 124
the limitations of section 3107.16 of the Revised Code;125

       (2) The court ordered an independent home study of the 126
proposed placement to be conducted as provided in section 3107.031 127
of the Revised Code, and after completion of the home study, the 128
court determined that the proposed placement is in the best 129
interest of the child;130

       (3) The court has approved of record the proposed placement.131

       In determining whether a custodian has authority to place 132
children for adoption under the laws of a foreign country, the 133
probate court shall determine whether the child has been released 134
for adoption pursuant to the laws of the country in which the 135
child resides, and if the release is in a form that satisfies the 136
requirements of the immigration and naturalization service of the 137
United States department of justice for purposes of immigration to 138
this country pursuant to section 101(b)(1)(F) of the "Immigration 139
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101 140
(b)(1)(F), as amended or reenacted.141

       If the parent or parents of the child are deceased or have 142
abandoned the child, as determined under division (A) of section 143
3107.07 of the Revised Code, the application for approval of the 144
proposed adoptive placement may be brought by the relative seeking 145
to adopt the child, or by the department, board, or organization 146
not otherwise having legal authority to place the orphaned or 147
abandoned child for adoption, but having legal custody of the 148
orphaned or abandoned child, in the probate court of the county in 149
which the child is a resident, or in which the department, board, 150
or organization is located, or where the person or persons with 151
whom the child is to be placed reside. Unless the parent, parents, 152
or guardian of the person of the child personally have appeared 153
before the court and applied for approval of the placement, notice 154
of the hearing on the application shall be served on the parent, 155
parents, or guardian.156

       The consent to placement, surrender, or adoption executed by 157
a minor parent before a judge of the probate court or an 158
authorized deputy or referee of the court, whether executed within 159
or outside the confines of the court, is as valid as though 160
executed by an adult. A consent given as above before an employee 161
of a children services agency that is licensed as provided by law, 162
is equally effective, if the consent also is accompanied by an 163
affidavit executed by the witnessing employee or employees to the 164
effect that the legal rights of the parents have been fully 165
explained to the parents, prior to the execution of any consent, 166
and that the action was done after the birth of the child.167

       If the court approves a placement, the prospective adoptive 168
parent with whom the child is placed has care, custody, and 169
control of the child pending further order of the court.170

       (E) This section does not apply to an adoption by a 171
stepparent, a grandparent, a grandparent's husband or wife, or a 172
guardian.173

       Section 2. That existing sections 3107.02 and 5103.16 of the 174
Revised Code are hereby repealed.175