As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 250

Senators Jones, LaRose 

Cosponsors: Senators Beagle, Burke, Lehner 

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A BILL

To amend sections 3107.055, 3107.16, 5747.37, and

1

5747.98, to amend section 5103.17 and to recodify

2

it by subdividing it into sections 5103.17 and

3

5103.172, and to enact sections 3107.056,

4

3107.0610, 3107.0611, 3107.0612, 3107.0613,

5

3107.0614, 3107.0615, 3107.0616, 5103.171,

6

5103.172, and 5103.173 of the Revised Code to

7

require that certain pre-birth adoption

8

notifications be sent to each putative father; to

9

permit a person to advertise that the person will

10

adopt children; to define for purposes of an

11

adoption, "living expenses" of a birth mother, to

12

specify how they must be paid, and to allow a

13

credit or refund of those expenses; and to

14

increase, and make refundable, the adoption income

15

tax credit.

16

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

Section 1. That sections 3107.055, 3107.16, 5103.17, 5747.37,	17
and 5747.98 be amended, that section 5103.17 be amended and	18
recodified by subdividing it into sections 5103.17 and 5103.172,	19
and that sections 3107.056, 3107.0610, 3107.0611, 3107.0612,	20
3107.0613, 3107.0614, 3107.0615, 3107.0616, 5103.171, 5103.172,	21
and 5103.173 of the Revised Code be enacted to read as follows:	22

Sec. 3107.055.  (A)(1) Notwithstanding section 3107.01 of the	23
Revised Code, as used in this section, "agency" does not include a	24
public children services agency.	25

(2) As used in this section and section 3107.056 of the	26
Revised Code, "living expenses" means any of the following	27
expenses incurred by a birth mother:	28

(a) Rental or mortgage payments;

29

(b) Utility payments;

30

(c) Payments for food, household goods, personal care items,	31
and the costs of transportation to work or school.	32

(B) An agency or attorney, whichever arranges a minor's	33
adoption, shall file with the court a preliminary estimate	34
accounting not later than the time the adoption petition for the	35
minor is filed with the court. The agency or attorney, whichever	36
arranges the adoption, also shall file a final accounting with the	37
court before a final decree of adoption is issued or an	38
interlocutory order of adoption is finalized for the minor. The	39
agency or attorney shall complete and file accountings in a manner	40
acceptable to the court.	41

An accounting shall specify all disbursements of anything of	42
value the petitioner, a person on the petitioner's behalf, and the	43
agency or attorney made and has agreed to make in connection with	44
the minor's permanent surrender under division (B) of section	45
5103.15 of the Revised Code, placement under section 5103.16 of	46
the Revised Code, and adoption under this chapter. The agency or	47
attorney shall include in an accounting an itemization of each	48
expense listed in division (C) of this section and any credit or	49
refund provided under section 3107.056 of the Revised Code. The	50
itemization of the expenses specified in divisions (C)(3) and (4)	51
of this section shall show the amount the agency or attorney	52
charged or is going to charge for the services and the actual cost	53
to the agency or attorney of providing the services. An accounting	54
shall indicate whether any expenses listed in division (C) of this	55
section do not apply to the adoption proceeding for which the	56
accounting is filed.	57

The agency or attorney shall include with a preliminary	58
estimate accounting and a final accounting a written statement	59
signed by the petitioner that the petitioner has reviewed the	60
accounting and attests to its accuracy.	61

(C) No petitioner, person acting on a petitioner's behalf, or	62
agency or attorney shall make or agree to make any disbursements	63
in connection with the minor's permanent surrender, placement, or	64
adoption other than for the following:	65

(1) Physician expenses incurred on behalf of the birth mother	66
or minor in connection with prenatal care, delivery, and	67
confinement prior to or following the minor's birth;	68

(2) Hospital or other medical facility expenses incurred on	69
behalf of the birth mother or minor in connection with the minor's	70
birth;	71

(3) Expenses charged by the attorney arranging the adoption	72
for providing legal services in connection with the placement and	73
adoption, including expenses incurred by the attorney pursuant to	74
sections 3107.031, 3107.032, 3107.081, 3107.082, 3107.09,	75
3107.101, and 3107.12 of the Revised Code;	76

(4) Expenses charged by the agency arranging the adoption for	77
providing services in connection with the permanent surrender and	78
adoption, including the agency's application fee and the expenses	79
incurred by the agency pursuant to sections 3107.031, 3107.032,	80
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the Revised	81
Code;	82

(5) Temporary costs of routine maintenance and medical care	83
for a minor required under section 5103.16 of the Revised Code if	84
the person seeking to adopt the minor refuses to accept placement	85
of the minor;	86

(6) Guardian ad litem fees incurred on behalf of the minor in	87
any court proceedings;	88

(7) Foster care expenses incurred in connection with any	89
temporary care and maintenance of the minor;	90

(8) Court expenses incurred in connection with the minor's	91
permanent surrender, placement, and adoption;	92

(9) Living expenses not exceeding three thousand dollars for	93
the birth mother that are incurred during pregnancy through the	94
sixtieth day after the date the minor is born and paid by the	95
petitioner to the birth mother through the attorney or agency	96
arranging the minor's adoption.	97

(D) If a court determines from an accounting that an amount	98
that is going to be disbursed for an expense listed in division	99
(C) of this section is unreasonable, the court may order a	100
reduction in the amount to be disbursed. If a court determines	101
from an accounting that an unreasonable amount was disbursed for	102
an expense listed in division (C) of this section, the court may	103
order the person who received the disbursement to refund to the	104
person who made the disbursement an amount the court orders.	105

If a court determines from an accounting that a disbursement	106
for an expense not permitted by division (C) of this section is	107
going to be made, the court may issue an injunction prohibiting	108
the disbursement. If a court determines from an accounting that a	109
disbursement for an expense not permitted by division (C) of this	110
section was made, the court may order the person who received the	111
disbursement to return it to the person who made the disbursement.	112

If a court determines that a final accounting does not	113
completely report all the disbursements that are going to be made	114
or have been made in connection with the minor's permanent	115
surrender, placement, and adoption, the court shall order the	116
agency or attorney to file with the court an accounting that	117
completely reports all such disbursements.	118

The agency or attorney shall file the final accounting with	119
the court not later than ten days prior to the date scheduled for	120
the final hearing on the adoption. The court may not issue a final	121
decree of adoption or finalize an interlocutory order of adoption	122
of a minor until at least ten days after the agency or attorney	123
files the final accounting.	124

(E) An attorney or agency that makes payments for services or	125
items that qualify as living expenses under division (C)(9) of	126
this section shall make a reasonable and good faith effort to make	127
the payments directly to the entity providing the service or item.	128

(F) This section does not apply to an adoption by a	129
stepparent whose spouse is a biological or adoptive parent of the	130
minor.	131

Sec. 3107.056. If a petitioner pays a birth mother's living	132
expenses to an attorney or agency arranging a minor's adoption and	133
the adoption does not occur, the attorney or agency shall provide	134
to the petitioner one of the following as requested in writing by	135
the petitioner:	136

(A) A credit that may be applied to a future adoption	137
petition equal to the living expenses paid in advance less the	138
total amount of living expenses paid to, or for the benefit of,	139
the birth mother of the minor;	140

(B) A refund equal to the living expenses paid in advance	141
less the total amount of living expenses paid to, or for the	142
benefit of, the birth mother of the minor.	143

Sec. 3107.0610.  (A) A birth mother who decides, during the	144
pregnancy, to place the minor for adoption, or an attorney or	145
other representative working on the birth mother's behalf, shall	146
give written notice of the decision to each person who the birth	147
mother identifies as the putative father of the minor. The notice	148
shall be made by certified mail prior to the minor's birth.	149

(B) A birth mother is not required to provide notice under	150
division (A) of this section to a putative father described in	151
division (F) of section 3107.07 of the Revised Code.	152

Sec. 3107.0611.  The notice described under section 3107.0610	153
of the Revised Code shall contain the following:	154

(A) The name of the putative father to whom the notice is	155
sent;	156

(B) The last known address of the putative father;

157

(C) The date of the notice;

158

(D) The name of the birth mother who has identified the	159
recipient of the notice as the putative father of the minor;	160

(E) The anticipated date of birth of the minor;

161

(F) A statement of the birth mother's decision to place the	162
minor for adoption;	163

(G) A statement notifying the putative father that he has	164
been identified as the putative father of the minor;	165

(H) A copy of the definition of a putative father under	166
section 3107.01 of the Revised Code;	167

(I) A statement notifying the putative father that he may	168
register with the putative father registry under section 3107.062	169
of the Revised Code;	170

(J) A statement describing the right of a putative father,	171
not later than thirty days after receipt of a notice under section	172
3107.0610 of the Revised Code and after registering with the	173
putative father registry, to provide provisional consent to the	174
adoption of the minor subject to the notice, which consent shall	175
be provided in writing as described in section 3107.0614 of the	176
Revised Code;	177

(K) A statement that a response to a notice under this	178
section shall be sent by certified mail to the person that sent	179
the notice;	180

(L) A statement that a putative father's provisional consent	181
to the adoption of the minor prior to the minor's birth under	182
sections 3107.0610 to 3107.0616 of the Revised Code does not	183
become effective until seventy-two hours after the birth of the	184
minor under section 3107.08 of the Revised Code;	185

(M) A statement notifying the putative father that	186
provisional consent that has become effective may be withdrawn	187
pursuant to section 3107.084 of the Revised Code;	188

(N) A description of the purpose of the putative father	189
registry and the rights to which a registered putative father is	190
entitled;	191

(O) A copy of the Ohio department of job and family services	192
putative father registry form;	193

(P) Instructions describing how to complete and submit the	194
putative father registry form;	195

(Q) The web site address for online registration with the	196
putative father registry;	197

(R) A statement explaining that if a putative father fails to	198
register with the putative father registry, the putative father:	199

(1) Shall lose the right to consent to the adoption of the	200
minor subject to the notice;	201

(2) Cannot provide provisional consent to the adoption of the	202
minor prior to the minor's birth under sections 3107.0610 to	203
3107.0616 of the Revised Code.	204

(S) A statement recommending that the recipient consider	205
consulting with an attorney regarding the notice and the rights	206
and responsibilities of a putative father.	207

Sec. 3107.0612.  A putative father shall have thirty days	208
from the date he receives notice under section 3107.0610 of the	209
Revised Code to provide provisional consent to the adoption of the	210
minor subject to the notice.	211

Sec. 3107.0613.  A putative father who receives notice under	212
section 3107.0610 of the Revised Code shall register with the	213
putative father registry under section 3107.062 of the Revised	214
Code in order to provide provisional consent to the adoption of	215
the minor prior to the minor's birth under sections 3107.0610 to	216
3107.0616 of the Revised Code.	217

Sec. 3107.0614.  (A) If a putative father who receives notice	218
under section 3107.0610 of the Revised Code decides to provide	219
provisional consent to the adoption of the minor subject to the	220
notice, the putative father shall respond as follows:	221

(1) The putative father shall, without appearing personally	222
before a court, consent to the adoption of the minor by executing	223
the consent in the presence of a person authorized to take	224
acknowledgments.	225

(2) The putative father shall send the following by certified	226
mail to the person that sent the notice:	227

(a) A copy of the consent;

228

(b) Confirmation received from the Ohio putative father	229
registrar's office that the putative father has been entered into	230
the putative father registry.	231

(B) If the consent and confirmation are sent to the birth	232
mother, the birth mother shall, upon its receipt, send a copy to	233
the attorney or other representative working on the birth mother's	234
behalf.	235

(C) Upon receipt of the consent and confirmation from the	236
putative father or the birth mother, the attorney or	237
representative shall file the consent and confirmation with the	238
court, provide the birth mother and putative father with a copy of	239
the consent and confirmation, and retain a copy of both in the	240
attorney's or representative's records. The court shall keep a	241
copy of the consent and confirmation.	242

Sec. 3107.0615.  (A) A putative father may revoke his	243
provisional consent made pursuant to section 3107.0614 of the	244
Revised Code at any time after providing the consent but not later	245
than seventy-two hours after the birth of the minor subject to the	246
consent.	247

(B) The putative father, without appearing personally before	248
a court, may execute the revocation in the presence of a person	249
authorized to take acknowledgments and shall send a copy of such	250
revocation, by certified mail, to the person that sent the	251
putative father the notice under section 3107.0610 of the Revised	252
Code regarding the minor.	253

(C) If a revocation is sent to the birth mother, the birth	254
mother shall, upon its receipt, send a copy to the attorney or	255
other representative working on the birth mother's behalf.	256

(D) Upon receipt of a revocation from a putative father or	257
the birth mother, the attorney or representative shall file the	258
revocation with the court, provide the birth mother and putative	259
father with a copy of the revocation, and retain a copy in the	260
attorney's or representative's records. The court shall keep a	261
copy of the revocation.	262

Sec. 3107.0616.  If provisional consent is not revoked under	263
section 3107.0615 of the Revised Code, the consent becomes	264
effective seventy-two hours after the birth of the minor under	265
section 3107.08 of the Revised Code and may be withdrawn as	266
provided under section 3107.084 of the Revised Code.	267

Sec. 3107.16.  (A) Appeals from the probate court are subject	268
to the Rules of Appellate Procedure and, to the extent not in	269
conflict with those rules, Chapter 2505. of the Revised Code.	270
Unless there is good cause for delay, appeals shall be heard on an	271
expedited basis.	272

(B) Subject to the disposition of an appeal, upon the	273
expiration of one yearsixty days after an adoption decree is	274
issued, the decree cannot be questioned by any person, including	275
the petitioner, in any manner or upon any ground, including fraud,	276
misrepresentation, failure to give any required notice, or lack of	277
jurisdiction of the parties or of the subject matter, unless, in	278
the case of the adoption of a minor, the petitioner has not taken	279
custody of the minor, or, in the case of the adoption of a minor	280
by a stepparent, the adoption would not have been granted but for	281
fraud perpetrated by the petitioner or the petitioner's spouse,	282
or, in the case of the adoption of an adult, the adult had no	283
knowledge of the decree within the one-yearsixty-day period.	284

Sec. 5103.17. (A) As used in this section, "advertise" means	285
a method of communication by newspaper, radio, television,	286
handbills, placards, or other print, broadcast, or electronic	287
medium that originates in this state.	288

(B) Subject to section 5103.16 of the Revised Code, no person	289
or government entity, other than a private child placing agency or	290
private noncustodial agency certified by the department of job and	291
family services under section 5103.03 of the Revised Code or a	292
public children services agency, shall advertise that the person	293
or government entity will adopt children or place themdo the	294
following:	295

(1) Advertise any of the following:

296

(a) That a child is being offered for adoption;

297

(b) That a child is wanted for adoption;

298

(c) That the person or government entity places, locates, and	299
receives children for adoption;	300

(d) That the person or government entity places children in	301
foster homes, hold.	302

(2) Charge, accept, pay, or offer to pay a fee for locating a	303
child for adoption or for locating another person to adopt a	304
child;	305

(3) Hold out any other inducements to parents to part with	306
their offspring, or in;	307

(4) In any manner knowingly become a party to the separation	308
of a child from the child's parents or guardians, except through a	309
juvenile court or probate court commitment.	310

Sec. 5103.171. (A) Section 5103.17 of the Revised Code does	311
not apply to a private child placing agency or private	312
noncustodial agency certified by the department of job and family	313
services under section 5103.03 of the Revised Code or a public	314
children services agency.	315

(B) Division (B)(1)(b) of section 5103.17 of the Revised Code	316
does not apply to the following:	317

(1) A person who is eligible to adopt under section 3107.03	318
of the Revised Code and has been found to be suitable to adopt a	319
child under a home study conducted by an assessor under section	320
3107.031 of the Revised Code;	321

(2) An attorney arranging the adoption on behalf of a person	322
described in division (B)(1) of this section.	323

Sec. 5103.172.  If the department of job and family services	324
has reasonable cause to believe a violation of this section	325
5103.17 of the Revised Code has been committed, the department	326
shall notify the attorney general or the county prosecutor, city	327
attorney, village solicitor, or other chief legal officer of the	328
political subdivision in which the violation has allegedly	329
occurred. On receipt of the notification, the attorney general,	330
county prosecutor, city attorney, village solicitor, or other	331
chief legal officer shall take action to enforce this section	332
through injunctive relief or criminal charge.	333

Sec. 5103.173.  An agency or attorney described in section	334
5103.171 of the Revised Code may charge a reasonable fee for	335
services provided.	336

Sec. 5747.37.  As used in this section:

337

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

338

(B) "Legally adopt" means to adopt a minor child pursuant to	339
Chapter 3107. of the Revised Code, or pursuant to the laws of any	340
other state or nation if such an adoption is recognizable under	341
section 3107.18 of the Revised Code. For the purposes of this	342
section, a minor child is legally adopted when the final decree or	343
order of adoption is issued by the proper court under the laws of	344
the state or nation under which the child is adopted, or, in the	345
case of an interlocutory order of adoption, when the order becomes	346
final under the laws of the state or nation. "Legally adopt" does	347
not include the adoption of a minor child by the child's	348
stepparent.	349

There is hereby granted a credit against the tax imposed by	350
section 5747.02 of the Revised Code for the legal adoption by a	351
taxpayer of a minor child by a taxpayer who is a resident. The	352
amount of the credit shall be oneten thousand five hundred	353
dollars for each minor child legally adopted by the taxpayer. The	354
taxpayer shall claim the credit for each child beginning withfor	355
the taxable year in which the child was legally adopted. If the	356
sum of the credit to which the taxpayer would otherwise beis	357
entitled under this section is greater than the tax due under	358
section 5747.02 of the Revised Code for that taxable year after	359
allowing for any other credits that precede the credit allowed	360
under this section in the order required under section 5747.98 of	361
the Revised Code, such excess shall be allowed as a credit in each	362
of the ensuing two taxable years, but the amount of any excess	363
credit allowed in any such taxable year shall be deducted from the	364
balance carried forward to the ensuing taxable yearrefunded to	365
the taxpayer. The credit shall be claimed in the order required	366
under section 5747.98 of the Revised Code. For the purposes of	367
making tax payments under this chapter, taxes equal to the amount	368
of the credit shall be considered to be paid to this state on the	369
first day of the taxable year.	370

Sec. 5747.98.  (A) To provide a uniform procedure for	371
calculating the amount of tax due under section 5747.02 of the	372
Revised Code, a taxpayer shall claim any credits to which the	373
taxpayer is entitled in the following order:	374

(1) The retirement income credit under division (B) of	375
section 5747.055 of the Revised Code;	376

(2) The senior citizen credit under division (C) of section	377
5747.05 of the Revised Code;	378

(3) The lump sum distribution credit under division (D) of	379
section 5747.05 of the Revised Code;	380

(4) The dependent care credit under section 5747.054 of the	381
Revised Code;	382

(5) The lump sum retirement income credit under division (C)	383
of section 5747.055 of the Revised Code;	384

(6) The lump sum retirement income credit under division (D)	385
of section 5747.055 of the Revised Code;	386

(7) The lump sum retirement income credit under division (E)	387
of section 5747.055 of the Revised Code;	388

(8) The low-income credit under section 5747.056 of the	389
Revised Code;	390

(9) The credit for displaced workers who pay for job training	391
under section 5747.27 of the Revised Code;	392

(10) The campaign contribution credit under section 5747.29	393
of the Revised Code;	394

(11) The twenty-dollar personal exemption credit under	395
section 5747.022 of the Revised Code;	396

(12) The joint filing credit under division (G) of section	397
5747.05 of the Revised Code;	398

(13) The nonresident credit under division (A) of section	399
5747.05 of the Revised Code;	400

(14) The credit for a resident's out-of-state income under	401
division (B) of section 5747.05 of the Revised Code;	402

(15) The earned income credit under section 5747.71 of the	403
Revised Code;	404

(16) The credit for employers that reimburse employee child	405
care expenses under section 5747.36 of the Revised Code;	406

(17) The credit for adoption of a minor child under section	407
5747.37 of the Revised Code;	408

(18) The credit for purchases of lights and reflectors under	409
section 5747.38 of the Revised Code;	410

(19)(18) The nonrefundable job retention credit under	411
division (B) of section 5747.058 of the Revised Code;	412

(20)(19) The credit for selling alternative fuel under	413
section 5747.77 of the Revised Code;	414

(21)(20) The second credit for purchases of new manufacturing	415
machinery and equipment and the credit for using Ohio coal under	416
section 5747.31 of the Revised Code;	417

(22)(21) The job training credit under section 5747.39 of the	418
Revised Code;	419

(23)(22) The enterprise zone credit under section 5709.66 of	420
the Revised Code;	421

(24)(23) The credit for the eligible costs associated with a	422
voluntary action under section 5747.32 of the Revised Code;	423

(25)(24) The credit for employers that establish on-site	424
child day-care centers under section 5747.35 of the Revised Code;	425

(26)(25) The ethanol plant investment credit under section	426
5747.75 of the Revised Code;	427

(27)(26) The credit for purchases of qualifying grape	428
production property under section 5747.28 of the Revised Code;	429

(28)(27) The small business investment credit under section	430
5747.81 of the Revised Code;	431

(29)(28) The enterprise zone credits under section 5709.65 of	432
the Revised Code;	433

(30)(29) The research and development credit under section	434
5747.331 of the Revised Code;	435

(31)(30) The credit for rehabilitating a historic building	436
under section 5747.76 of the Revised Code;	437

(32)(31) The refundable credit for rehabilitating a historic	438
building under section 5747.76 of the Revised Code;	439

(33)(32) The refundable jobs creation credit or job retention	440
credit under division (A) of section 5747.058 of the Revised Code;	441

(34)(33) The refundable credit for taxes paid by a qualifying	442
entity granted under section 5747.059 of the Revised Code;	443

(35)(34) The refundable credits for taxes paid by a	444
qualifying pass-through entity granted under division (J) of	445
section 5747.08 of the Revised Code;	446

(36)(35) The refundable credit under section 5747.80 of the	447
Revised Code for losses on loans made to the Ohio venture capital	448
program under sections 150.01 to 150.10 of the Revised Code;	449

(37)(36) The refundable motion picture production credit	450
under section 5747.66 of the Revised Code.	451

(38)(37) The refundable credit for financial institution	452
taxes paid by a pass-through entity granted under section 5747.65	453
of the Revised Code;	454

(38) The refundable credit for adoption of a minor child	455
under section 5747.37 of the Revised Code.	456

(B) For any credit, except the refundable credits enumerated	457
in this section and the credit granted under division (I) of	458
section 5747.08 of the Revised Code, the amount of the credit for	459
a taxable year shall not exceed the tax due after allowing for any	460
other credit that precedes it in the order required under this	461
section. Any excess amount of a particular credit may be carried	462
forward if authorized under the section creating that credit.	463
Nothing in this chapter shall be construed to allow a taxpayer to	464
claim, directly or indirectly, a credit more than once for a	465
taxable year.	466

Section 2. That existing sections 3107.055, 3107.16, 5103.17,	467
5747.37, and 5747.98 of the Revised Code are hereby repealed.	468

Section 3. The amendment by this act of sections 5747.37 and	469
5747.98 of the Revised Code applies to taxable years beginning on	470
or after January 1, 2014.	471