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To amend sections 2105.06, 2151.414, 3107.07, and | 1 |
3111.04 and to enact sections 2105.062, 3109.50, | 2 |
3109.501, 3109.502, 3109.503, 3109.504, 3109.505, | 3 |
and 3109.506 of the Revised Code concerning | 4 |
parental rights regarding a child conceived as a | 5 |
result of rape or sexual battery. | 6 |
Section 1. That sections 2105.06, 2151.414, 3107.07, and | 7 |
3111.04 be amended and sections 2105.062, 3109.50, 3109.501, | 8 |
3109.502, 3109.503, 3109.504, 3109.505, and 3109.506 of the | 9 |
Revised Code be enacted to read as follows: | 10 |
Sec. 2105.06. When a person dies intestate having title or | 11 |
right to any personal property, or to any real property or | 12 |
inheritance, in this state, the personal property shall be | 13 |
distributed, and the real property or inheritance shall descend | 14 |
and pass in parcenary, except as otherwise provided by law, in the | 15 |
following course: | 16 |
(A) If there is no surviving spouse, to the children of the | 17 |
intestate or their lineal descendants, per stirpes; | 18 |
(B) If there is a spouse and one or more children of the | 19 |
decedent or their lineal descendants surviving, and all of the | 20 |
decedent's children who survive or have lineal descendants | 21 |
surviving also are children of the surviving spouse, then the | 22 |
whole to the surviving spouse; | 23 |
(C) If there is a spouse and one child of the decedent or the | 24 |
child's lineal descendants surviving and the surviving spouse is | 25 |
not the natural or adoptive parent of the decedent's child, the | 26 |
first twenty thousand dollars plus one-half of the balance of the | 27 |
intestate estate to the spouse and the remainder to the child or | 28 |
the child's lineal descendants, per stirpes; | 29 |
(D) If there is a spouse and more than one child or their | 30 |
lineal descendants surviving, the first sixty thousand dollars if | 31 |
the spouse is the natural or adoptive parent of one, but not all, | 32 |
of the children, or the first twenty thousand dollars if the | 33 |
spouse is the natural or adoptive parent of none of the children, | 34 |
plus one-third of the balance of the intestate estate to the | 35 |
spouse and the remainder to the children equally, or to the lineal | 36 |
descendants of any deceased child, per stirpes; | 37 |
(E) If there are no children or their lineal descendants, | 38 |
then the whole to the surviving spouse; | 39 |
(F) | 40 |
Code, if there is no spouse and no children or their lineal | 41 |
descendants, to the parents of the intestate equally, or to the | 42 |
surviving parent; | 43 |
(G) | 44 |
Code, if there is no spouse, no children or their lineal | 45 |
descendants, and no parent surviving, to the brothers and sisters, | 46 |
whether of the whole or of the half blood of the intestate, or | 47 |
their lineal descendants, per stirpes; | 48 |
(H) | 49 |
Code, if there are no brothers or sisters or their lineal | 50 |
descendants, one-half to the paternal grandparents of the | 51 |
intestate equally, or to the survivor of them, and one-half to the | 52 |
maternal grandparents of the intestate equally, or to the survivor | 53 |
of them; | 54 |
(I) | 55 |
Code, if there is no paternal grandparent or no maternal | 56 |
grandparent, one-half to the lineal descendants of the deceased | 57 |
grandparents, per stirpes; if there are no such lineal | 58 |
descendants, then to the surviving grandparents or their lineal | 59 |
descendants, per stirpes; if there are no surviving grandparents | 60 |
or their lineal descendants, then to the next of kin of the | 61 |
intestate, provided there shall be no representation among the | 62 |
next of kin; | 63 |
(J) If there are no next of kin, to stepchildren or their | 64 |
lineal descendants, per stirpes; | 65 |
(K) If there are no stepchildren or their lineal descendants, | 66 |
escheat to the state. | 67 |
Sec. 2105.062. As used in this section, "relative" includes a | 68 |
parent, grandparent, great-grandparent, stepparent, child, | 69 |
grandchild, aunt, uncle, cousin, sibling, and half sibling. | 70 |
The father declared to be the parent of a child conceived as | 71 |
a result of rape or sexual battery pursuant to section 3109.501 of | 72 |
the Revised Code, or a relative of the father, shall not inherit | 73 |
the real property, personal property, or inheritance of the child | 74 |
or the child's lineal descendants as provided under section | 75 |
2105.06 of the Revised Code. | 76 |
Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant | 77 |
to section 2151.413 of the Revised Code for permanent custody of a | 78 |
child, the court shall schedule a hearing and give notice of the | 79 |
filing of the motion and of the hearing, in accordance with | 80 |
section 2151.29 of the Revised Code, to all parties to the action | 81 |
and to the child's guardian ad litem. The notice also shall | 82 |
contain a full explanation that the granting of permanent custody | 83 |
permanently divests the parents of their parental rights, a full | 84 |
explanation of their right to be represented by counsel and to | 85 |
have counsel appointed pursuant to Chapter 120. of the Revised | 86 |
Code if they are indigent, and the name and telephone number of | 87 |
the court employee designated by the court pursuant to section | 88 |
2151.314 of the Revised Code to arrange for the prompt appointment | 89 |
of counsel for indigent persons. | 90 |
The court shall conduct a hearing in accordance with section | 91 |
2151.35 of the Revised Code to determine if it is in the best | 92 |
interest of the child to permanently terminate parental rights and | 93 |
grant permanent custody to the agency that filed the motion. The | 94 |
adjudication that the child is an abused, neglected, or dependent | 95 |
child and any dispositional order that has been issued in the case | 96 |
under section 2151.353 of the Revised Code pursuant to the | 97 |
adjudication shall not be readjudicated at the hearing and shall | 98 |
not be affected by a denial of the motion for permanent custody. | 99 |
(2) The court shall hold the hearing scheduled pursuant to | 100 |
division (A)(1) of this section not later than one hundred twenty | 101 |
days after the agency files the motion for permanent custody, | 102 |
except that, for good cause shown, the court may continue the | 103 |
hearing for a reasonable period of time beyond the | 104 |
one-hundred-twenty-day deadline. The court shall issue an order | 105 |
that grants, denies, or otherwise disposes of the motion for | 106 |
permanent custody, and journalize the order, not later than two | 107 |
hundred days after the agency files the motion. | 108 |
If a motion is made under division (D)(2) of section 2151.413 | 109 |
of the Revised Code and no dispositional hearing has been held in | 110 |
the case, the court may hear the motion in the dispositional | 111 |
hearing required by division (B) of section 2151.35 of the Revised | 112 |
Code. If the court issues an order pursuant to section 2151.353 of | 113 |
the Revised Code granting permanent custody of the child to the | 114 |
agency, the court shall immediately dismiss the motion made under | 115 |
division (D)(2) of section 2151.413 of the Revised Code. | 116 |
The failure of the court to comply with the time periods set | 117 |
forth in division (A)(2) of this section does not affect the | 118 |
authority of the court to issue any order under this chapter and | 119 |
does not provide any basis for attacking the jurisdiction of the | 120 |
court or the validity of any order of the court. | 121 |
(B)(1) Except as provided in division (B)(2) of this section, | 122 |
the court may grant permanent custody of a child to a movant if | 123 |
the court determines at the hearing held pursuant to division (A) | 124 |
of this section, by clear and convincing evidence, that it is in | 125 |
the best interest of the child to grant permanent custody of the | 126 |
child to the agency that filed the motion for permanent custody | 127 |
and that any of the following apply: | 128 |
(a) The child is not abandoned or orphaned, has not been in | 129 |
the temporary custody of one or more public children services | 130 |
agencies or private child placing agencies for twelve or more | 131 |
months of a consecutive twenty-two-month period, or has not been | 132 |
in the temporary custody of one or more public children services | 133 |
agencies or private child placing agencies for twelve or more | 134 |
months of a consecutive twenty-two-month period if, as described | 135 |
in division (D)(1) of section 2151.413 of the Revised Code, the | 136 |
child was previously in the temporary custody of an equivalent | 137 |
agency in another state, and the child cannot be placed with | 138 |
either of the child's parents within a reasonable time or should | 139 |
not be placed with the child's parents. | 140 |
(b) The child is abandoned. | 141 |
(c) The child is orphaned, and there are no relatives of the | 142 |
child who are able to take permanent custody. | 143 |
(d) The child has been in the temporary custody of one or | 144 |
more public children services agencies or private child placing | 145 |
agencies for twelve or more months of a consecutive | 146 |
twenty-two-month period, or the child has been in the temporary | 147 |
custody of one or more public children services agencies or | 148 |
private child placing agencies for twelve or more months of a | 149 |
consecutive twenty-two-month period and, as described in division | 150 |
(D)(1) of section 2151.413 of the Revised Code, the child was | 151 |
previously in the temporary custody of an equivalent agency in | 152 |
another state. | 153 |
For the purposes of division (B)(1) of this section, a child | 154 |
shall be considered to have entered the temporary custody of an | 155 |
agency on the earlier of the date the child is adjudicated | 156 |
pursuant to section 2151.28 of the Revised Code or the date that | 157 |
is sixty days after the removal of the child from home. | 158 |
(e) The child was conceived as a result of rape as described | 159 |
in section 2907.02 of the Revised Code or sexual battery as | 160 |
described in section 2907.03 of the Revised Code. | 161 |
(2) With respect to a motion made pursuant to division (D)(2) | 162 |
of section 2151.413 of the Revised Code, the court shall grant | 163 |
permanent custody of the child to the movant if the court | 164 |
determines in accordance with division (E) of this section that | 165 |
the child cannot be placed with one of the child's parents within | 166 |
a reasonable time or should not be placed with either parent and | 167 |
determines in accordance with division (D) of this section that | 168 |
permanent custody is in the child's best interest. | 169 |
(C) In making the determinations required by this section or | 170 |
division (A)(4) of section 2151.353 of the Revised Code, a court | 171 |
shall not consider the effect the granting of permanent custody to | 172 |
the agency would have upon any parent of the child. A written | 173 |
report of the guardian ad litem of the child shall be submitted to | 174 |
the court prior to or at the time of the hearing held pursuant to | 175 |
division (A) of this section or section 2151.35 of the Revised | 176 |
Code but shall not be submitted under oath. | 177 |
If the court grants permanent custody of a child to a movant | 178 |
under this division, the court, upon the request of any party, | 179 |
shall file a written opinion setting forth its findings of fact | 180 |
and conclusions of law in relation to the proceeding. The court | 181 |
shall not deny an agency's motion for permanent custody solely | 182 |
because the agency failed to implement any particular aspect of | 183 |
the child's case plan. | 184 |
(D)(1) In determining the best interest of a child at a | 185 |
hearing held pursuant to division (A) of this section or for the | 186 |
purposes of division (A)(4) or (5) of section 2151.353 or division | 187 |
(C) of section 2151.415 of the Revised Code, the court shall | 188 |
consider all relevant factors, including, but not limited to, the | 189 |
following: | 190 |
(a) The interaction and interrelationship of the child with | 191 |
the child's parents, siblings, relatives, foster caregivers and | 192 |
out-of-home providers, and any other person who may significantly | 193 |
affect the child; | 194 |
(b) The wishes of the child, as expressed directly by the | 195 |
child or through the child's guardian ad litem, with due regard | 196 |
for the maturity of the child; | 197 |
(c) The custodial history of the child, including whether the | 198 |
child has been in the temporary custody of one or more public | 199 |
children services agencies or private child placing agencies for | 200 |
twelve or more months of a consecutive twenty-two-month period, or | 201 |
the child has been in the temporary custody of one or more public | 202 |
children services agencies or private child placing agencies for | 203 |
twelve or more months of a consecutive twenty-two-month period | 204 |
and, as described in division (D)(1) of section 2151.413 of the | 205 |
Revised Code, the child was previously in the temporary custody of | 206 |
an equivalent agency in another state; | 207 |
(d) The child's need for a legally secure permanent placement | 208 |
and whether that type of placement can be achieved without a grant | 209 |
of permanent custody to the agency; | 210 |
(e) Whether any of the factors in divisions (E)(7) to (11) of | 211 |
this section apply in relation to the parents and child. | 212 |
For the purposes of division (D)(1) of this section, a child | 213 |
shall be considered to have entered the temporary custody of an | 214 |
agency on the earlier of the date the child is adjudicated | 215 |
pursuant to section 2151.28 of the Revised Code or the date that | 216 |
is sixty days after the removal of the child from home. | 217 |
(2) If all of the following apply, permanent custody is in | 218 |
the best interest of the child and the court shall commit the | 219 |
child to the permanent custody of a public children services | 220 |
agency or private child placing agency: | 221 |
(a) The court determines by clear and convincing evidence | 222 |
that one or more of the factors in division (E) of this section | 223 |
exist and the child cannot be placed with one of the child's | 224 |
parents within a reasonable time or should not be placed with | 225 |
either parent. | 226 |
(b) The child has been in an agency's custody for two years | 227 |
or longer, and no longer qualifies for temporary custody pursuant | 228 |
to division (D) of section 2151.415 of the Revised Code. | 229 |
(c) The child does not meet the requirements for a planned | 230 |
permanent living arrangement pursuant to division (A)(5) of | 231 |
section 2151.353 of the Revised Code. | 232 |
(d) Prior to the dispositional hearing, no relative or other | 233 |
interested person has filed, or has been identified in, a motion | 234 |
for legal custody of the child. | 235 |
(E) In determining at a hearing held pursuant to division (A) | 236 |
of this section or for the purposes of division (A)(4) of section | 237 |
2151.353 of the Revised Code whether a child cannot be placed with | 238 |
either parent within a reasonable period of time or should not be | 239 |
placed with the parents, the court shall consider all relevant | 240 |
evidence. If the court determines, by clear and convincing | 241 |
evidence, at a hearing held pursuant to division (A) of this | 242 |
section or for the purposes of division (A)(4) of section 2151.353 | 243 |
of the Revised Code that one or more of the following exist as to | 244 |
each of the child's parents, the court shall enter a finding that | 245 |
the child cannot be placed with either parent within a reasonable | 246 |
time or should not be placed with either parent: | 247 |
(1) Following the placement of the child outside the child's | 248 |
home and notwithstanding reasonable case planning and diligent | 249 |
efforts by the agency to assist the parents to remedy the problems | 250 |
that initially caused the child to be placed outside the home, the | 251 |
parent has failed continuously and repeatedly to substantially | 252 |
remedy the conditions causing the child to be placed outside the | 253 |
child's home. In determining whether the parents have | 254 |
substantially remedied those conditions, the court shall consider | 255 |
parental utilization of medical, psychiatric, psychological, and | 256 |
other social and rehabilitative services and material resources | 257 |
that were made available to the parents for the purpose of | 258 |
changing parental conduct to allow them to resume and maintain | 259 |
parental duties. | 260 |
(2) Chronic mental illness, chronic emotional illness, mental | 261 |
retardation, physical disability, or chemical dependency of the | 262 |
parent that is so severe that it makes the parent unable to | 263 |
provide an adequate permanent home for the child at the present | 264 |
time and, as anticipated, within one year after the court holds | 265 |
the hearing pursuant to division (A) of this section or for the | 266 |
purposes of division (A)(4) of section 2151.353 of the Revised | 267 |
Code; | 268 |
(3) The parent committed any abuse as described in section | 269 |
2151.031 of the Revised Code against the child, caused the child | 270 |
to suffer any neglect as described in section 2151.03 of the | 271 |
Revised Code, or allowed the child to suffer any neglect as | 272 |
described in section 2151.03 of the Revised Code between the date | 273 |
that the original complaint alleging abuse or neglect was filed | 274 |
and the date of the filing of the motion for permanent custody; | 275 |
(4) The parent has demonstrated a lack of commitment toward | 276 |
the child by failing to regularly support, visit, or communicate | 277 |
with the child when able to do so, or by other actions showing an | 278 |
unwillingness to provide an adequate permanent home for the child; | 279 |
(5) The parent is incarcerated for an offense committed | 280 |
against the child or a sibling of the child; | 281 |
(6) The parent has been convicted of or pleaded guilty to an | 282 |
offense under division (A) or (C) of section 2919.22 or under | 283 |
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, | 284 |
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 285 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 286 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, | 287 |
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the | 288 |
Revised Code and the child or a sibling of the child was a victim | 289 |
of the offense or the parent has been convicted of or pleaded | 290 |
guilty to an offense under section 2903.04 of the Revised Code, a | 291 |
sibling of the child was the victim of the offense, and the parent | 292 |
who committed the offense poses an ongoing danger to the child or | 293 |
a sibling of the child. | 294 |
(7) The parent has been convicted of or pleaded guilty to one | 295 |
of the following: | 296 |
(a) An offense under section 2903.01, 2903.02, or 2903.03 of | 297 |
the Revised Code or under an existing or former law of this state, | 298 |
any other state, or the United States that is substantially | 299 |
equivalent to an offense described in those sections and the | 300 |
victim of the offense was a sibling of the child or the victim was | 301 |
another child who lived in the parent's household at the time of | 302 |
the offense; | 303 |
(b) An offense under section 2903.11, 2903.12, or 2903.13 of | 304 |
the Revised Code or under an existing or former law of this state, | 305 |
any other state, or the United States that is substantially | 306 |
equivalent to an offense described in those sections and the | 307 |
victim of the offense is the child, a sibling of the child, or | 308 |
another child who lived in the parent's household at the time of | 309 |
the offense; | 310 |
(c) An offense under division (B)(2) of section 2919.22 of | 311 |
the Revised Code or under an existing or former law of this state, | 312 |
any other state, or the United States that is substantially | 313 |
equivalent to the offense described in that section and the child, | 314 |
a sibling of the child, or another child who lived in the parent's | 315 |
household at the time of the offense is the victim of the offense; | 316 |
(d) An offense under section 2907.02, 2907.03, 2907.04, | 317 |
2907.05, or 2907.06 of the Revised Code or under an existing or | 318 |
former law of this state, any other state, or the United States | 319 |
that is substantially equivalent to an offense described in those | 320 |
sections and the victim of the offense is the child, a sibling of | 321 |
the child, or another child who lived in the parent's household at | 322 |
the time of the offense; | 323 |
(e) A conspiracy or attempt to commit, or complicity in | 324 |
committing, an offense described in division (E)(7)(a) or (d) of | 325 |
this section. | 326 |
(8) The parent has repeatedly withheld medical treatment or | 327 |
food from the child when the parent has the means to provide the | 328 |
treatment or food, and, in the case of withheld medical treatment, | 329 |
the parent withheld it for a purpose other than to treat the | 330 |
physical or mental illness or defect of the child by spiritual | 331 |
means through prayer alone in accordance with the tenets of a | 332 |
recognized religious body. | 333 |
(9) The parent has placed the child at substantial risk of | 334 |
harm two or more times due to alcohol or drug abuse and has | 335 |
rejected treatment two or more times or refused to participate in | 336 |
further treatment two or more times after a case plan issued | 337 |
pursuant to section 2151.412 of the Revised Code requiring | 338 |
treatment of the parent was journalized as part of a dispositional | 339 |
order issued with respect to the child or an order was issued by | 340 |
any other court requiring treatment of the parent. | 341 |
(10) The parent has abandoned the child. | 342 |
(11) The parent has had parental rights involuntarily | 343 |
terminated with respect to a sibling of the child pursuant to this | 344 |
section or section 2151.353 or 2151.415 of the Revised Code, or | 345 |
under an existing or former law of this state, any other state, or | 346 |
the United States that is substantially equivalent to those | 347 |
sections, and the parent has failed to provide clear and | 348 |
convincing evidence to prove that, notwithstanding the prior | 349 |
termination, the parent can provide a legally secure permanent | 350 |
placement and adequate care for the health, welfare, and safety of | 351 |
the child. | 352 |
(12) The parent is incarcerated at the time of the filing of | 353 |
the motion for permanent custody or the dispositional hearing of | 354 |
the child and will not be available to care for the child for at | 355 |
least eighteen months after the filing of the motion for permanent | 356 |
custody or the dispositional hearing. | 357 |
(13) The parent is repeatedly incarcerated, and the repeated | 358 |
incarceration prevents the parent from providing care for the | 359 |
child. | 360 |
(14) The parent for any reason is unwilling to provide food, | 361 |
clothing, shelter, and other basic necessities for the child or to | 362 |
prevent the child from suffering physical, emotional, or sexual | 363 |
abuse or physical, emotional, or mental neglect. | 364 |
(15) The parent has committed abuse as described in section | 365 |
2151.031 of the Revised Code against the child or caused or | 366 |
allowed the child to suffer neglect as described in section | 367 |
2151.03 of the Revised Code, and the court determines that the | 368 |
seriousness, nature, or likelihood of recurrence of the abuse or | 369 |
neglect makes the child's placement with the child's parent a | 370 |
threat to the child's safety. | 371 |
(16) Any other factor the court considers relevant. | 372 |
(F) The parents of a child for whom the court has issued an | 373 |
order granting permanent custody pursuant to this section, upon | 374 |
the issuance of the order, cease to be parties to the action. This | 375 |
division is not intended to eliminate or restrict any right of the | 376 |
parents to appeal the granting of permanent custody of their child | 377 |
to a movant pursuant to this section. | 378 |
Sec. 3107.07. Consent to adoption is not required of any of | 379 |
the following: | 380 |
(A) A parent of a minor, when it is alleged in the adoption | 381 |
petition and the court, after proper service of notice and | 382 |
hearing, finds by clear and convincing evidence that the parent | 383 |
has failed without justifiable cause to provide more than de | 384 |
minimis contact with the minor or to provide for the maintenance | 385 |
and support of the minor as required by law or judicial decree for | 386 |
a period of at least one year immediately preceding either the | 387 |
filing of the adoption petition or the placement of the minor in | 388 |
the home of the petitioner. | 389 |
(B) The putative father of a minor if either of the following | 390 |
applies: | 391 |
(1) The putative father fails to register as the minor's | 392 |
putative father with the putative father registry established | 393 |
under section 3107.062 of the Revised Code not later than thirty | 394 |
days after the minor's birth; | 395 |
(2) The court finds, after proper service of notice and | 396 |
hearing, that any of the following are the case: | 397 |
(a) The putative father is not the father of the minor; | 398 |
(b) The putative father has willfully abandoned or failed to | 399 |
care for and support the minor; | 400 |
(c) The putative father has willfully abandoned the mother of | 401 |
the minor during her pregnancy and up to the time of her surrender | 402 |
of the minor, or the minor's placement in the home of the | 403 |
petitioner, whichever occurs first. | 404 |
(C) Except as provided in section 3107.071 of the Revised | 405 |
Code, a parent who has entered into a voluntary permanent custody | 406 |
surrender agreement under division (B) of section 5103.15 of the | 407 |
Revised Code; | 408 |
(D) A parent whose parental rights have been terminated by | 409 |
order of a juvenile court under Chapter 2151. of the Revised Code; | 410 |
(E) A parent who is married to the petitioner and supports | 411 |
the adoption; | 412 |
(F) The father, or putative father, of a minor if the minor | 413 |
is conceived as the result of the commission of rape by the father | 414 |
or putative father and the father or putative father is convicted | 415 |
of or pleads guilty to the commission of that offense. As used in | 416 |
this division, "rape" means a violation of section 2907.02 of the | 417 |
Revised Code or a similar law of another state. | 418 |
(G) A legal guardian or guardian ad litem of a parent | 419 |
judicially declared incompetent in a separate court proceeding who | 420 |
has failed to respond in writing to a request for consent, for a | 421 |
period of thirty days, or who, after examination of the written | 422 |
reasons for withholding consent, is found by the court to be | 423 |
withholding consent unreasonably; | 424 |
(H) Any legal guardian or lawful custodian of the person to | 425 |
be adopted, other than a parent, who has failed to respond in | 426 |
writing to a request for consent, for a period of thirty days, or | 427 |
who, after examination of the written reasons for withholding | 428 |
consent, is found by the court to be withholding consent | 429 |
unreasonably; | 430 |
(I) The spouse of the person to be adopted, if the failure of | 431 |
the spouse to consent to the adoption is found by the court to be | 432 |
by reason of prolonged unexplained absence, unavailability, | 433 |
incapacity, or circumstances that make it impossible or | 434 |
unreasonably difficult to obtain the consent or refusal of the | 435 |
spouse; | 436 |
(J) Any parent, legal guardian, or other lawful custodian in | 437 |
a foreign country, if the person to be adopted has been released | 438 |
for adoption pursuant to the laws of the country in which the | 439 |
person resides and the release of such person is in a form that | 440 |
satisfies the requirements of the immigration and naturalization | 441 |
service of the United States department of justice for purposes of | 442 |
immigration to the United States pursuant to section 101(b)(1)(F) | 443 |
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8 | 444 |
U.S.C. 1101(b)(1)(F), as amended or reenacted. | 445 |
(K) Except as provided in divisions (G) and (H) of this | 446 |
section, a juvenile court, agency, or person given notice of the | 447 |
petition pursuant to division (A)(1) of section 3107.11 of the | 448 |
Revised Code that fails to file an objection to the petition | 449 |
within fourteen days after proof is filed pursuant to division (B) | 450 |
of that section that the notice was given; | 451 |
(L) Any guardian, custodian, or other party who has temporary | 452 |
custody of the child; | 453 |
(M) The father of a minor declared, with respect to the | 454 |
minor, to be the parent of a child conceived as a result of rape | 455 |
or sexual battery pursuant to an action brought under section | 456 |
3109.501 of the Revised Code. | 457 |
Sec. 3109.50. As used in sections 3109.501 to 3109.506 of | 458 |
the Revised Code: | 459 |
(A) "Parental rights" means parental rights and | 460 |
responsibilities, parenting time, or any other similar right | 461 |
established by the laws of this state with respect to a child. | 462 |
"Parental rights" does not include the parental duty of support | 463 |
for a child. | 464 |
(B) "Rape" means a violation of section 2907.02 of the | 465 |
Revised Code or similar law of another state. | 466 |
(C) "Sexual battery" means a violation of section 2907.03 of | 467 |
the Revised Code or similar law of another state. | 468 |
Sec. 3109.501. (A) The mother of a child alleging that the | 469 |
child was conceived as a result of rape or sexual battery may | 470 |
bring an action to declare the father to be the parent of a child | 471 |
conceived as a result of rape or sexual battery. | 472 |
(B) A court shall issue an order declaring that the father is | 473 |
the parent of a child conceived as a result of rape or sexual | 474 |
battery if the mother proves the following by a preponderance of | 475 |
the evidence: | 476 |
(1) The father was convicted of or pleaded guilty to the rape | 477 |
or sexual battery. | 478 |
(2) The mother was the victim of the rape or sexual battery. | 479 |
(3) The child was conceived as a result of the rape or sexual | 480 |
battery. | 481 |
Sec. 3109.502. A mother to whom the following apply may seek | 482 |
a declaration described in section 3109.501 of the Revised Code | 483 |
pursuant to a proceeding for divorce, dissolution, legal | 484 |
separation, or annulment: | 485 |
(A) She is the victim of a rape or sexual battery for which a | 486 |
child was conceived as a result. | 487 |
(B) She is married to the father who was convicted of, or | 488 |
pleaded guilty to, the rape or sexual battery. | 489 |
Sec. 3109.503. A court that issues an order declaring a | 490 |
father to be the parent of a child conceived as a result of rape | 491 |
or sexual battery under section 3109.501 of the Revised Code shall | 492 |
notify any court that has issued an order granting parental rights | 493 |
with respect to such child to the father. | 494 |
Sec. 3109.504. (A) No court shall issue an order granting | 495 |
parental rights with respect to a child to a father declared, | 496 |
regarding that child, to be the parent of a child conceived as a | 497 |
result of rape or sexual battery in an action or proceeding under | 498 |
section 3109.501, 3109.502, or 3109.505 of the Revised Code. | 499 |
(B) On receipt of a notice under section 3109.503 of the | 500 |
Revised Code, a court that has issued an order granting parental | 501 |
rights regarding the father and child addressed in the notice | 502 |
shall terminate the order. | 503 |
Sec. 3109.505. Any action described in section 3109.501 of | 504 |
the Revised Code may be consolidated with any action or proceeding | 505 |
for parental rights regarding a child conceived as a result of | 506 |
rape or sexual battery. | 507 |
Sec. 3109.506. A relative of a father whose parental rights | 508 |
with the father's child have been terminated, denied, or limited | 509 |
pursuant to sections 3109.50 to 3109.505 of the Revised Code may | 510 |
be granted only those rights consented to by the mother of the | 511 |
child. | 512 |
Sec. 3111.04. (A) | 513 |
(A)(2) of this section, an action to determine the existence or | 514 |
nonexistence of the father and child relationship may be brought | 515 |
by the child or the child's personal representative, the child's | 516 |
mother or her personal representative, a man alleged or alleging | 517 |
himself to be the child's father, the child support enforcement | 518 |
agency of the county in which the child resides if the child's | 519 |
mother, father, or alleged father is a recipient of public | 520 |
assistance or of services under Title IV-D of the "Social Security | 521 |
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the | 522 |
alleged father's personal representative. | 523 |
(2) A man alleged or alleging himself to be the child's | 524 |
father is not eligible to file an action under division (A)(1) of | 525 |
this section if the man was convicted of or pleaded guilty to rape | 526 |
or sexual battery, the victim of the rape or sexual battery was | 527 |
the child's mother, and the child was conceived as a result of the | 528 |
rape or sexual battery. | 529 |
(B) An agreement does not bar an action under this section. | 530 |
(C) If an action under this section is brought before the | 531 |
birth of the child and if the action is contested, all | 532 |
proceedings, except service of process and the taking of | 533 |
depositions to perpetuate testimony, may be stayed until after the | 534 |
birth. | 535 |
(D) A recipient of public assistance or of services under | 536 |
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 537 |
U.S.C.A. 651, as amended, shall cooperate with the child support | 538 |
enforcement agency of the county in which a child resides to | 539 |
obtain an administrative determination pursuant to sections | 540 |
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court | 541 |
determination pursuant to sections 3111.01 to 3111.18 of the | 542 |
Revised Code, of the existence or nonexistence of a parent and | 543 |
child relationship between the father and the child. If the | 544 |
recipient fails to cooperate, the agency may commence an action to | 545 |
determine the existence or nonexistence of a parent and child | 546 |
relationship between the father and the child pursuant to sections | 547 |
3111.01 to 3111.18 of the Revised Code. | 548 |
(E) As used in this section | 549 |
(1) "Public assistance" means all of the following: | 550 |
| 551 |
| 552 |
Code; | 553 |
| 554 |
the Revised Code. | 555 |
(2) "Rape" means a violation of section 2907.02 of the | 556 |
Revised Code or similar law of another state. | 557 |
(3) "Sexual battery" means a violation of section 2907.03 of | 558 |
the Revised Code or similar law of another state. | 559 |
Section 2. That existing sections 2105.06, 2151.414, | 560 |
3107.07, and 3111.04 of the Revised Code are hereby repealed. | 561 |