As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 596


Representative Pelanda 

Cosponsors: Representatives Huffman, Buchy, Blessing 

A BILL
To amend sections 3107.062, 3107.065, 3107.066, and 1
3107.99; to amend, for the purpose of adopting a 2
new section number as indicated in parentheses, 3
section 3107.066 (3107.067); and to enact new 4
section 3107.066 of the Revised Code to provide 5
that ineffective promotion of the putative father 6
registry does not relieve a putative father of the 7
consequences of failing to timely register with 8
the putative father registry and to make false 9
registration a first degree misdemeanor.10


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

       Section 1. That sections 3107.062, 3107.065, 3107.066, and 11
3107.99 be amended, section 3107.066 (3107.067) be amended for the 12
purpose of adopting a new section number as indicated in 13
parentheses, and new section 3107.066 of the Revised Code be 14
enacted to read as follows: 15

       Sec. 3107.062.  The department of job and family services 16
shall establish a putative father registry. To register, a 17
putative father must complete a registration form prescribed under 18
section 3107.065 of the Revised Code and submit it to the 19
department. The registration form shall include the putative 20
father's name; the name of the mother of the person he claims as 21
his child; and the address or telephone number at which he wishes 22
to receive, pursuant to section 3107.11 of the Revised Code, 23
notice of any petition that may be filed to adopt a minor he 24
claims as his child.25

       A putative father may register at any time. For the purpose 26
of preserving the requirement of his consent to an adoption, a 27
putative father shall register before or not later than thirty 28
days after the birth of the child. No fee shall be charged for 29
registration.30

       On receipt of a completed registration form, the department 31
shall indicate on the form the date of receipt and file it in the 32
putative father registry. The department shall maintain 33
registration forms in a manner that enables it to access a 34
registration form using either the name of the putative father or 35
of the mother.36

       No person shall knowingly make a false registration as a 37
putative father in the registry established under this section.38

       Sec. 3107.065. Not later than ninety days after the 39
effective date of this section, theThe director of job and family 40
services shall do both of the following:41

       (A) Adoptadopt rules in accordance with Chapter 119. of the 42
Revised Code governing the putative father registry. The rules 43
shall establish the registration form to be used by a putative 44
father under section 3107.062 of the Revised Code.45

       (B) Establish a campaign to promote awareness of the putative 46
father registry. The campaign shall include informational 47
materials about the registry.48

       Sec. 3107.066. (A) The director of job and family services 49
shall establish a campaign to promote awareness of the putative 50
father registry. The campaign shall include informational 51
materials about the registry.52

       (B) The failure of the director or any other governmental 53
entity to effectively promote awareness of the putative father 54
registry does not relieve a putative father of the consequences of 55
failing to timely register as provided in division (B) of section 56
3107.07 of the Revised Code.57

       Sec. 3107.066.        Sec. 3107.067.  (A) Notwithstanding the provisions 58
of the versions of former sections 3107.06 and 3107.07 of the 59
Revised Code that, pursuant to Section 5 of Am. Sub. H.B. 419 of 60
the 121st general assembly, apply regarding a putative father's 61
consent to the adoption of any child born prior to January 1, 62
1997, on and after the effective date of this sectionAugust 14, 63
2008, both of the following apply:64

       (1) The references in division (F)(4) of former section 65
3107.06 of the Revised Code to the department of human services 66
are repealed, and division (F)(4) of that former section shall be 67
considered as reading, and shall be applicable, as follows: "Has 68
filed an objection to the adoption with the agency having custody 69
of the minor at any time before the placement of the minor in the 70
home of the petitioner, or with the probate court within thirty 71
days of the filing of a petition to adopt the minor or its 72
placement in the home of the petitioner, whichever occurs first."73

       (2) The references in division (B) of former section 3107.07 74
of the Revised Code to the department of human services are 75
repealed, and division (B) of that former section shall be 76
considered as reading, and shall be applicable, as follows: "The 77
putative father of a minor if the putative father fails to file an 78
objection with the court or the agency having custody of the minor 79
as provided in division (F)(4) of section 3107.06 of the Revised 80
Code, or files an objection with the court or agency and the court 81
finds, after proper service of notice and hearing, that he is not 82
the father of the minor, or that he has willfully abandoned or 83
failed to care for and support the minor, or abandoned the mother 84
of the minor during her pregnancy and up to the time of her 85
surrender of the minor, or its placement in the home of the 86
petitioner, whichever occurs first."87

       (B) As used in this section:88

       (1) "Former section 3107.06 of the Revised Code" means the 89
version of that section that was in effect immediately prior to 90
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of 91
the 121st general assembly.92

       (2) "Former section 3107.07 of the Revised Code" means the 93
version of that section that was in effect immediately prior to 94
September 18, 1996, and that was amended by Am. Sub. H.B. 419 of 95
the 121st general assembly.96

       Sec. 3107.99. (A) Whoever violates division (B)(1) of section 97
3107.17 of the Revised Code is guilty of a misdemeanor of the 98
third degree.99

       (B) Whoever violates section 3107.062 of the Revised Code is 100
guilty of a misdemeanor of the first degree.101

       Section 2.  That existing sections 3107.062, 3107.065, 102
3107.066, and 3107.99 of the Revised Code are hereby repealed.103