As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 307

Representative Buchy 

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A BILL

To amend sections 3107.055, 3107.062, 3107.064,

1

3107.07, 3107.16, 5103.17, 5747.37, and 5747.98

2

and to enact section 3107.067 of the Revised Code

3

to require that certain pre-birth adoption

4

notifications be sent to each putative father; to

5

reduce the time within which a putative father

6

must register with the putative father registry;

7

to reduce the period of time to appeal an adoption

8

decree; to permit a person to advertise that the

9

person will adopt children; to define for purposes

10

of an adoption "living expenses" of a birth mother

11

and to specify how they must be paid; and to

12

increase the adoption income tax credit.

13

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

Section 1. That sections 3107.055, 3107.062, 3107.064,	14
3107.07, 3107.16, 5103.17, 5747.37, and 5747.98 be amended and	15
section 3107.067 of the Revised Code be enacted to read as	16
follows:	17

Sec. 3107.055.  (A)(1) Notwithstanding section 3107.01 of the	18
Revised Code, as used in this section, "agency" does not include a	19
public children services agency.	20

(2) As used in this section, "living expenses" means any of	21
the following expenses incurred by a birth mother:	22

(a) Rental or mortgage payments;

23

(b) Utility payments;

24

(c) Payments for food, household goods, personal care items,	25
and the costs of transportation to work or school.	26

(B) An agency or attorney, whichever arranges a minor's	27
adoption, shall file with the court a preliminary estimate	28
accounting not later than the time the adoption petition for the	29
minor is filed with the court. The agency or attorney, whichever	30
arranges the adoption, also shall file a final accounting with the	31
court before a final decree of adoption is issued or an	32
interlocutory order of adoption is finalized for the minor. The	33
agency or attorney shall complete and file accountings in a manner	34
acceptable to the court.	35

An accounting shall specify all disbursements of anything of	36
value the petitioner, a person on the petitioner's behalf, and the	37
agency or attorney made and has agreed to make in connection with	38
the minor's permanent surrender under division (B) of section	39
5103.15 of the Revised Code, placement under section 5103.16 of	40
the Revised Code, and adoption under this chapter. The agency or	41
attorney shall include in an accounting an itemization of each	42
expense listed in division (C) of this section. The itemization of	43
the expenses specified in divisions (C)(3) and (4) of this section	44
shall show the amount the agency or attorney charged or is going	45
to charge for the services and the actual cost to the agency or	46
attorney of providing the services. An accounting shall indicate	47
whether any expenses listed in division (C) of this section do not	48
apply to the adoption proceeding for which the accounting is	49
filed.	50

The agency or attorney shall include with a preliminary	51
estimate accounting and a final accounting a written statement	52
signed by the petitioner that the petitioner has reviewed the	53
accounting and attests to its accuracy.	54

(C) No petitioner, person acting on a petitioner's behalf, or	55
agency or attorney shall make or agree to make any disbursements	56
in connection with the minor's permanent surrender, placement, or	57
adoption other than for the following:	58

(1) Physician expenses incurred on behalf of the birth mother	59
or minor in connection with prenatal care, delivery, and	60
confinement prior to or following the minor's birth;	61

(2) Hospital or other medical facility expenses incurred on	62
behalf of the birth mother or minor in connection with the minor's	63
birth;	64

(3) Expenses charged by the attorney arranging the adoption	65
for providing legal services in connection with the placement and	66
adoption, including expenses incurred by the attorney pursuant to	67
sections 3107.031, 3107.032, 3107.081, 3107.082, 3107.09,	68
3107.101, and 3107.12 of the Revised Code;	69

(4) Expenses charged by the agency arranging the adoption for	70
providing services in connection with the permanent surrender and	71
adoption, including the agency's application fee and the expenses	72
incurred by the agency pursuant to sections 3107.031, 3107.032,	73
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the Revised	74
Code;	75

(5) Temporary costs of routine maintenance and medical care	76
for a minor required under section 5103.16 of the Revised Code if	77
the person seeking to adopt the minor refuses to accept placement	78
of the minor;	79

(6) Guardian ad litem fees incurred on behalf of the minor in	80
any court proceedings;	81

(7) Foster care expenses incurred in connection with any	82
temporary care and maintenance of the minor;	83

(8) Court expenses incurred in connection with the minor's	84
permanent surrender, placement, and adoption;	85

(9) Living expenses not exceeding three thousand dollars for	86
the birth mother that are incurred during pregnancy through the	87
sixtieth day after the date the minor is born and paid by the	88
petitioner to the birth mother through the attorney or agency	89
arranging the minor's adoption.	90

(D) If a court determines from an accounting that an amount	91
that is going to be disbursed for an expense listed in division	92
(C) of this section is unreasonable, the court may order a	93
reduction in the amount to be disbursed. If a court determines	94
from an accounting that an unreasonable amount was disbursed for	95
an expense listed in division (C) of this section, the court may	96
order the person who received the disbursement to refund to the	97
person who made the disbursement an amount the court orders.	98

If a court determines from an accounting that a disbursement	99
for an expense not permitted by division (C) of this section is	100
going to be made, the court may issue an injunction prohibiting	101
the disbursement. If a court determines from an accounting that a	102
disbursement for an expense not permitted by division (C) of this	103
section was made, the court may order the person who received the	104
disbursement to return it to the person who made the disbursement.	105

If a court determines that a final accounting does not	106
completely report all the disbursements that are going to be made	107
or have been made in connection with the minor's permanent	108
surrender, placement, and adoption, the court shall order the	109
agency or attorney to file with the court an accounting that	110
completely reports all such disbursements.	111

The agency or attorney shall file the final accounting with	112
the court not later than ten days prior to the date scheduled for	113
the final hearing on the adoption. The court may not issue a final	114
decree of adoption or finalize an interlocutory order of adoption	115
of a minor until at least ten days after the agency or attorney	116
files the final accounting.	117

(E) An attorney or agency that makes payments for services or	118
items that qualify as living expenses under division (C)(9) of	119
this section shall make a reasonable and good faith effort to make	120
the payments directly to the entity providing the service or item.	121

(F) This section does not apply to an adoption by a	122
stepparent whose spouse is a biological or adoptive parent of the	123
minor.	124

Sec. 3107.062.  The department of job and family services	125
shall establish a putative father registry. To register, a	126
putative father must complete a registration form prescribed under	127
section 3107.065 of the Revised Code and submit it to the	128
department. The registration form shall include the putative	129
father's name; the name of the mother of the person he claims as	130
his child; and the address or telephone number at which he wishes	131
to receive, pursuant to section 3107.11 of the Revised Code,	132
notice of any petition that may be filed to adopt a minor he	133
claims as his child.	134

A putative father may register at any time. For the purpose	135
of preserving the requirement of his consent to an adoption, a	136
putative father shall register before or not later than thirty	137
seven days after the birth of the child. No fee shall be charged	138
for registration.	139

On receipt of a completed registration form, the department	140
shall indicate on the form the date of receipt and file it in the	141
putative father registry. The department shall maintain	142
registration forms in a manner that enables it to access a	143
registration form using either the name of the putative father or	144
of the mother.	145

Sec. 3107.064.  (A) Except as provided in division (B) of	146
this section, a court shall not issue a final decree of adoption	147
or finalize an interlocutory order of adoption unless the mother	148
placing the minor for adoption or the agency or attorney arranging	149
the adoption files with the court a certified document provided by	150
the department of job and family services under section 3107.063	151
of the Revised Code. The court shall not accept the document	152
unless the date the department places on the document pursuant to	153
that section is thirty-oneeight or more days after the date of	154
the minor's birth.	155

(B) The document described in division (A) of this section is	156
not required if any of the following apply:	157

(1) The mother was married at the time the minor was	158
conceived or born;	159

(2) The parent placing the minor for adoption previously	160
adopted the minor;	161

(3) Prior to the date a petition to adopt the minor is filed,	162
a man has been determined to have a parent and child relationship	163
with the minor by a court proceeding pursuant to sections 3111.01	164
to 3111.18 of the Revised Code, a court proceeding in another	165
state, an administrative agency proceeding pursuant to sections	166
3111.38 to 3111.54 of the Revised Code, or an administrative	167
agency proceeding in another state;	168

(4) The minor's father acknowledged paternity of the minor	169
and that acknowledgment has become final pursuant to section	170
2151.232, 3111.25, or 3111.821 of the Revised Code;	171

(5) A public children services agency has permanent custody	172
of the minor pursuant to Chapter 2151. or division (B) of section	173
5103.15 of the Revised Code after both parents lost or surrendered	174
parental rights, privileges, and responsibilities over the minor.	175

Sec. 3107.067. (A) A birth mother who decides, during the	176
pregnancy, to place the minor up for adoption, or an attorney or	177
other representative working on the birth mother's behalf, shall	178
give written notice of the decision to each person who the birth	179
mother identifies as the putative father of the minor. The notice	180
shall be made by certified mail prior to the minor's birth.	181

(B) A putative father shall have thirty days from the date he	182
receives notice under division (A) of this section to consent or	183
refuse to consent to the adoption of the minor subject to the	184
notice. The putative father shall respond in writing to the person	185
that sent the notice, which response shall state whether the	186
putative father consents or refuses to consent to the adoption.	187
The response shall be made by certified mail.	188

(C) Consent to adoption is not required of a putative father	189
who fails to send a timely written response to a notice described	190
in division (A) of this section regarding the minor subject to the	191
notice. A putative father who receives notice under division (A)	192
of this section does not lose his right to consent to adoption	193
under the requirements of division (B)(1) or (2)(c) of section	194
3107.07 of the Revised Code.	195

Sec. 3107.07. ConsentExcept as provided in section 3107.067	196
of the Revised Code, consent to adoption is not required of any of	197
the following:	198

(A) A parent of a minor, when it is alleged in the adoption	199
petition and the court, after proper service of notice and	200
hearing, finds by clear and convincing evidence that the parent	201
has failed without justifiable cause to provide more than de	202
minimis contact with the minor or to provide for the maintenance	203
and support of the minor as required by law or judicial decree for	204
a period of at least one year immediately preceding either the	205
filing of the adoption petition or the placement of the minor in	206
the home of the petitioner.	207

(B) The putative father of a minor if either of the following	208
applies:	209

(1) The putative father fails to register as the minor's	210
putative father with the putative father registry established	211
under section 3107.062 of the Revised Code not later than thirty	212
seven days after the minor's birth;	213

(2) The court finds, after proper service of notice and	214
hearing, that any of the following are the case:	215

(a) The putative father is not the father of the minor;

216

(b) The putative father has willfully abandoned or failed to	217
care for and support the minor;	218

(c) The putative father has willfully abandoned the mother of	219
the minor during her pregnancy and up to the time of her surrender	220
of the minor, or the minor's placement in the home of the	221
petitioner, whichever occurs first.	222

(C) Except as provided in section 3107.071 of the Revised	223
Code, a parent who has entered into a voluntary permanent custody	224
surrender agreement under division (B) of section 5103.15 of the	225
Revised Code;	226

(D) A parent whose parental rights have been terminated by	227
order of a juvenile court under Chapter 2151. of the Revised Code;	228

(E) A parent who is married to the petitioner and supports	229
the adoption;	230

(F) The father, or putative father, of a minor if the minor	231
is conceived as the result of the commission of rape by the father	232
or putative father and the father or putative father is convicted	233
of or pleads guilty to the commission of that offense. As used in	234
this division, "rape" means a violation of section 2907.02 of the	235
Revised Code or a similar law of another state.	236

(G) A legal guardian or guardian ad litem of a parent	237
judicially declared incompetent in a separate court proceeding who	238
has failed to respond in writing to a request for consent, for a	239
period of thirty days, or who, after examination of the written	240
reasons for withholding consent, is found by the court to be	241
withholding consent unreasonably;	242

(H) Any legal guardian or lawful custodian of the person to	243
be adopted, other than a parent, who has failed to respond in	244
writing to a request for consent, for a period of thirty days, or	245
who, after examination of the written reasons for withholding	246
consent, is found by the court to be withholding consent	247
unreasonably;	248

(I) The spouse of the person to be adopted, if the failure of	249
the spouse to consent to the adoption is found by the court to be	250
by reason of prolonged unexplained absence, unavailability,	251
incapacity, or circumstances that make it impossible or	252
unreasonably difficult to obtain the consent or refusal of the	253
spouse;	254

(J) Any parent, legal guardian, or other lawful custodian in	255
a foreign country, if the person to be adopted has been released	256
for adoption pursuant to the laws of the country in which the	257
person resides and the release of such person is in a form that	258
satisfies the requirements of the immigration and naturalization	259
service of the United States department of justice for purposes of	260
immigration to the United States pursuant to section 101(b)(1)(F)	261
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8	262
U.S.C. 1101(b)(1)(F), as amended or reenacted.	263

(K) Except as provided in divisions (G) and (H) of this	264
section, a juvenile court, agency, or person given notice of the	265
petition pursuant to division (A)(1) of section 3107.11 of the	266
Revised Code that fails to file an objection to the petition	267
within fourteen days after proof is filed pursuant to division (B)	268
of that section that the notice was given;	269

(L) Any guardian, custodian, or other party who has temporary	270
custody of the child.	271

Sec. 3107.16.  (A) Appeals from the probate court are subject	272
to the Rules of Appellate Procedure and, to the extent not in	273
conflict with those rules, Chapter 2505. of the Revised Code.	274
Unless there is good cause for delay, appeals shall be heard on an	275
expedited basis.	276

(B) Subject to the disposition of an appeal, upon the	277
expiration of one yearsixty days after an adoption decree is	278
issued, the decree cannot be questioned by any person, including	279
the petitioner, in any manner or upon any ground, including fraud,	280
misrepresentation, failure to give any required notice, or lack of	281
jurisdiction of the parties or of the subject matter, unless, in	282
the case of the adoption of a minor, the petitioner has not taken	283
custody of the minor, or, in the case of the adoption of a minor	284
by a stepparent, the adoption would not have been granted but for	285
fraud perpetrated by the petitioner or the petitioner's spouse,	286
or, in the case of the adoption of an adult, the adult had no	287
knowledge of the decree within the one-yearsixty-day period.	288

Sec. 5103.17. (A) Subject to section 5103.16 of the Revised	289
Code, noand to division (C) of this section:	290

(1) No person or government entity, other than a private	291
child placing agency or private noncustodial agency certified by	292
the department of job and family services under section 5103.03 of	293
the Revised Code or a public children services agency, shall	294
advertise that the person or government entity will adopt children	295
or place them in foster homes, hold out inducements to parents to	296
part with their offspring, or in any manner knowingly become a	297
party to the separation of a child from the child's parents or	298
guardians, except through a juvenile court or probate court	299
commitment.	300

(2) No government entity, other than a private child placing	301
agency or private noncustodial agency certified by the department	302
of job and family services under section 5103.03 of the Revised	303
Code or a public children services agency, shall advertise that	304
the government entity places children in foster homes.	305

(B) If the department of job and family services has	306
reasonable cause to believe a violation of division (A) of this	307
section has been committed, the department shall notify the	308
attorney general or the county prosecutor, city attorney, village	309
solicitor, or other chief legal officer of the political	310
subdivision in which the violation has allegedly occurred. On	311
receipt of the notification, the attorney general, county	312
prosecutor, city attorney, village solicitor, or other chief legal	313
officer shall take action to enforce this section through	314
injunctive relief or criminal charge.	315

(C) A person may advertise that the person will adopt	316
children.	317

Sec. 5747.37.  As used in this section:

318

(A) "Minor child" means a person under eighteen years of age.

319

(B) "Legally adopt" means to adopt a minor child pursuant to	320
Chapter 3107. of the Revised Code, or pursuant to the laws of any	321
other state or nation if such an adoption is recognizable under	322
section 3107.18 of the Revised Code. For the purposes of this	323
section, a minor child is legally adopted when the final decree or	324
order of adoption is issued by the proper court under the laws of	325
the state or nation under which the child is adopted, or, in the	326
case of an interlocutory order of adoption, when the order becomes	327
final under the laws of the state or nation. "Legally adopt" does	328
not include the adoption of a minor child by the child's	329
stepparent.	330

There is hereby granted a credit against the tax imposed by	331
section 5747.02 of the Revised Code for the legal adoption by a	332
taxpayer of a minor child. The amount of the credit shall be one	333
ten thousand five hundred dollars for each minor child legally	334
adopted by the taxpayer. The taxpayer shall claim the credit for	335
each child beginning with the taxable year in which the child was	336
legally adopted. If the sum of the credit to which the taxpayer	337
would otherwise be entitled under this section is greater than the	338
tax due under section 5747.02 of the Revised Code for that taxable	339
year after allowing for any other credits that precede the credit	340
under this section in the order required under section 5747.98 of	341
the Revised Code, such excess shall be allowed as a credit in each	342
of the ensuing twofive taxable years, but the amount of any	343
excess credit allowed in any such taxable year shall be deducted	344
from the balance carried forward to the ensuing taxable year. The	345
credit shall be claimed in the order required under section	346
5747.98 of the Revised Code. For the purposes of making tax	347
payments under this chapter, taxes equal to the amount of the	348
credit shall be considered to be paid to this state on the first	349
day of the taxable year.	350

Sec. 5747.98.  (A) To provide a uniform procedure for	351
calculating the amount of tax due under section 5747.02 of the	352
Revised Code, a taxpayer shall claim any credits to which the	353
taxpayer is entitled in the following order:	354

(1) The retirement income credit under division (B) of	355
section 5747.055 of the Revised Code;	356

(2) The senior citizen credit under division (C) of section	357
5747.05 of the Revised Code;	358

(3) The lump sum distribution credit under division (D) of	359
section 5747.05 of the Revised Code;	360

(4) The dependent care credit under section 5747.054 of the	361
Revised Code;	362

(5) The lump sum retirement income credit under division (C)	363
of section 5747.055 of the Revised Code;	364

(6) The lump sum retirement income credit under division (D)	365
of section 5747.055 of the Revised Code;	366

(7) The lump sum retirement income credit under division (E)	367
of section 5747.055 of the Revised Code;	368

(8) The low-income credit under section 5747.056 of the	369
Revised Code;	370

(9) The credit for displaced workers who pay for job training	371
under section 5747.27 of the Revised Code;	372

(10) The campaign contribution credit under section 5747.29	373
of the Revised Code;	374

(11) The twenty-dollar personal exemption credit under	375
section 5747.022 of the Revised Code;	376

(12) The joint filing credit under division (G) of section	377
5747.05 of the Revised Code;	378

(13) The nonresident credit under division (A) of section	379
5747.05 of the Revised Code;	380

(14) The credit for a resident's out-of-state income under	381
division (B) of section 5747.05 of the Revised Code;	382

(15) The earned income credit under section 5747.71 of the	383
Revised Code;	384

(16) The credit for employers that reimburse employee child	385
care expenses under section 5747.36 of the Revised Code;	386

(17) The credit for adoption of a minor child under section	387
5747.37 of the Revised Code;	388

(18) The credit for purchases of lights and reflectors under	389
section 5747.38 of the Revised Code;	390

(19)(18) The nonrefundable job retention credit under	391
division (B) of section 5747.058 of the Revised Code;	392

(20)(19) The credit for selling alternative fuel under	393
section 5747.77 of the Revised Code;	394

(21)(20) The second credit for purchases of new manufacturing	395
machinery and equipment and the credit for using Ohio coal under	396
section 5747.31 of the Revised Code;	397

(22)(21) The job training credit under section 5747.39 of the	398
Revised Code;	399

(23)(22) The enterprise zone credit under section 5709.66 of	400
the Revised Code;	401

(24)(23) The credit for the eligible costs associated with a	402
voluntary action under section 5747.32 of the Revised Code;	403

(24) The credit for adoption of a minor child under section	404
5747.37 of the Revised Code;	405

(25) The credit for employers that establish on-site child	406
day-care centers under section 5747.35 of the Revised Code;	407

(26) The ethanol plant investment credit under section	408
5747.75 of the Revised Code;	409

(27) The credit for purchases of qualifying grape production	410
property under section 5747.28 of the Revised Code;	411

(28) The small business investment credit under section	412
5747.81 of the Revised Code;	413

(29) The enterprise zone credits under section 5709.65 of the	414
Revised Code;	415

(30) The research and development credit under section	416
5747.331 of the Revised Code;	417

(31) The credit for rehabilitating a historic building under	418
section 5747.76 of the Revised Code;	419

(32) The refundable credit for rehabilitating a historic	420
building under section 5747.76 of the Revised Code;	421

(33) The refundable jobs creation credit or job retention	422
credit under division (A) of section 5747.058 of the Revised Code;	423

(34) The refundable credit for taxes paid by a qualifying	424
entity granted under section 5747.059 of the Revised Code;	425

(35) The refundable credits for taxes paid by a qualifying	426
pass-through entity granted under division (J) of section 5747.08	427
of the Revised Code;	428

(36) The refundable credit under section 5747.80 of the	429
Revised Code for losses on loans made to the Ohio venture capital	430
program under sections 150.01 to 150.10 of the Revised Code;	431

(37) The refundable motion picture production credit under	432
section 5747.66 of the Revised Code.	433

(38) The refundable credit for financial institution taxes	434
paid by a pass-through entity granted under section 5747.65 of the	435
Revised Code.	436

(B) For any credit, except the refundable credits enumerated	437
in this section and the credit granted under division (I) of	438
section 5747.08 of the Revised Code, the amount of the credit for	439
a taxable year shall not exceed the tax due after allowing for any	440
other credit that precedes it in the order required under this	441
section. Any excess amount of a particular credit may be carried	442
forward if authorized under the section creating that credit.	443
Nothing in this chapter shall be construed to allow a taxpayer to	444
claim, directly or indirectly, a credit more than once for a	445
taxable year.	446

Section 2. That existing sections 3107.055, 3107.062,	447
3107.064, 3107.07, 3107.16, 5103.17, 5747.37, and 5747.98 of the	448
Revised Code are hereby repealed.	449

Section 3. The amendment by this act of section 5747.37 of	450
the Revised Code applies to taxable years ending on or after the	451
effective date of this act.	452