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As Reported by the House Family Services Committee
122nd General Assembly
Regular Session
1997-1998 | H. B. No. 446 |
REPRESENTATIVES WILLIAMS-GARCIA-TERWILLEGER-TIBERI-FORD-PRINGLE-
WINKLER-JONES
A BILL
To amend sections 2101.01, 2101.11, 2151.86, 3107.012, 3107.12,
and 3107.14 and to enact section 3107.141 of the Revised Code
regarding adoption assessors, prefinalization
assessments, and
rehabilitation standards a person with a criminal background
must meet to become an adoptive or foster
parent.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2101.01, 2101.11, 2151.86, 3107.012,
3107.12, and 3107.14 be amended and section 3107.141 of the
Revised Code be enacted to read as follows:
Sec. 2101.01. A probate division of the court of common
pleas shall be held at the county seat in each county in an
office furnished by the board of county commissioners, in which
the books, records, and papers pertaining to the probate division
shall be deposited and safely kept by the probate judge. The
board shall provide suitable cases or other necessary items for
the safekeeping and preservation of the books, records, and
papers of the court and shall furnish any blankbooks, blanks,
and stationery, and any machines, equipment, and materials for
the keeping or examining of records, that the probate judge
requires in the discharge of official duties. The board also
shall authorize expenditures for accountants, financial
consultants, and other agents required for auditing or financial
consulting by the probate division whenever the probate judge
considers these services and expenditures necessary for the
efficient performance of the division's duties. The probate
judge shall employ and supervise all clerks, deputies,
magistrates, and other employees of the probate division. The probate
judge
shall supervise all probate court investigators AND ASSESSORS in the
performance of their duties as investigators AND ASSESSORS and shall
employ,
appoint, or designate all probate court investigators AND ASSESSORS in
the
manner described in division DIVISIONS (A)(2) AND
(3) of section 2101.11 of the
Revised Code.
As used in the Revised Code, "probate court" means the
probate division of the court of common pleas, and "probate
judge" means the judge of the court of common pleas who is judge
of the probate division. All pleadings, forms, journals, and
other records filed or used in the probate division shall be
entitled "In the Court of Common Pleas, Probate Division," but
are not defective if entitled "In the Probate Court."
Sec. 2101.11. (A)(1) The probate judge shall have the
care and custody of the files, papers, books, and records
belonging to the probate court. He THE PROBATE JUDGE is
authorized to perform the
duties of clerk of his own THE JUDGE'S court. He THE
PROBATE JUDGE may appoint deputy clerks,
stenographers, a bailiff, and any other necessary employees, each
of whom shall take an oath of office before entering upon the
duties of his THE EMPLOYEE'S appointment and, when so qualified,
may perform the
duties appertaining to the office of clerk of the court.
(2)(a) The probate judge shall provide for one or more
probate court investigators to perform the duties that are
established for a probate court investigator by the Revised Code
or the probate judge. The probate judge may provide for an
investigator in any of the following manners, as the court
determines is appropriate:
(i) By appointing a person as a full-time or part-time
employee of the probate court to serve as investigator, or by
designating a current full-time or part-time employee of the
probate court to serve as investigator;
(ii) By contracting with a person to serve and be
compensated as investigator only when needed by the probate
court, as determined by the court, and by designating that person
as a probate court investigator during the times when the person
is performing the duties of an investigator for the court;
(iii) By entering into an agreement with another
department or agency of the county, including, but not limited
to, the sheriff's department or the county department of human
services, pursuant to which an employee of the other department
or agency will serve and perform the duties of investigator for
the court, upon request of the probate judge, and designating
that employee as a probate court investigator during the times
when the person is performing the duties of an investigator for
the court.
(b) Each person appointed or otherwise designated as a
probate court investigator shall take an oath of office before
entering upon the duties of his THE PERSON'S appointment. When
so qualified,
an investigator may perform the duties that are established for a
probate court investigator by the Revised Code or the probate
judge.
(c) Except as otherwise provided in this division, a
probate court investigator shall hold at least a bachelor's
degree in social work, psychology, education, special education,
or a related human services field. A probate judge may waive the
education requirement of this division for a person the judge
appoints or otherwise designates as a probate court investigator
if the judge determines that the person has experience in human
services work that is equivalent to the required education.
(d) Within one year after his appointment or designation,
a probate court investigator shall attend an orientation course
of at least six hours, and each calendar year after the calendar
year of his appointment or designation, a probate court
investigator shall satisfactorily complete at least six hours of
continuing education.
(e) For purposes of divisions (A)(3)(4), (B), and (C) of this
section, a person designated as a probate court investigator
under division (A)(2)(a)(ii) or (iii) of this section shall be
considered an appointee of the probate court at any time that the
person is performing the duties established under the Revised
Code or by the probate judge for a probate court investigator.
(3)(a) THE PROBATE JUDGE MAY PROVIDE FOR ONE OR MORE
PERSONS TO PERFORM THE DUTIES OF AN ASSESSOR UNDER SECTIONS
3107.031, 3107.082, 3107.09, AND 3107.12 OF THE
REVISED
CODE OR MAY ENTER INTO
AGREEMENTS WITH PUBLIC CHILDREN SERVICES AGENCIES, PRIVATE CHILD
PLACING AGENCIES, OR PRIVATE NONCUSTODIAL AGENCIES UNDER WHICH
THE AGENCY PROVIDES FOR ONE OR MORE PERSONS TO PERFORM THE
DUTIES OF AN ASSESSOR. A PROBATE JUDGE WHO PROVIDES FOR AN
ASSESSOR SHALL DO SO IN EITHER OF THE FOLLOWING
MANNERS, AS THE JUDGE CONSIDERS APPROPRIATE:
(i) BY APPOINTING A PERSON AS A FULL-TIME OR
PART-TIME EMPLOYEE OF THE PROBATE COURT TO SERVE AS ASSESSOR, OR
BY DESIGNATING A CURRENT FULL-TIME OR PART-TIME EMPLOYEE OF THE
PROBATE COURT TO SERVE AS ASSESSOR;
(ii) BY CONTRACTING WITH A PERSON TO SERVE AND BE
COMPENSATED AS ASSESSOR ONLY WHEN NEEDED BY THE PROBATE COURT,
AS DETERMINED BY THE COURT, AND BY DESIGNATING THAT PERSON AS AN
ASSESSOR DURING THE TIMES WHEN THE PERSON IS PERFORMING THE
DUTIES OF AN ASSESSOR FOR THE COURT.
(b) EACH PERSON APPOINTED OR DESIGNATED
AS A PROBATE COURT ASSESSOR SHALL TAKE AN OATH OF OFFICE BEFORE
ENTERING ON THE DUTIES OF THE PERSON'S APPOINTMENT.
(c) A PROBATE COURT ASSESSOR MUST MEET THE
QUALIFICATIONS FOR AN ASSESSOR ESTABLISHED BY SECTION 3107.012
OF THE REVISED
CODE.
(d) A PROBATE COURT ASSESSOR SHALL PERFORM
ADDITIONAL DUTIES, INCLUDING DUTIES OF AN INVESTIGATOR UNDER
DIVISION (A)(2) OF THIS
SECTION, WHEN THE PROBATE JUDGE ASSIGNS ADDITIONAL DUTIES TO THE
ASSESSOR.
(e) FOR PURPOSES OF DIVISIONS
(A)(4),
(B), AND
(C) OF THIS SECTION, A PERSON
DESIGNATED AS A PROBATE COURT ASSESSOR SHALL BE CONSIDERED AN
APPOINTEE OF THE PROBATE COURT AT ANY TIME THAT THE PERSON IS
PERFORMING ASSESSOR DUTIES.
(4) Each appointee of the probate judge may administer
oaths in all cases when necessary, in the discharge of his
OFFICIAL duties.
(B)(1)(a) Subject to the appropriation made by the board
of county commissioners pursuant to this division, each appointee
of a probate judge under division (A) of this section shall
receive such compensation and expenses as the judge determines
and shall serve during the pleasure of the judge. The
compensation of each appointee shall be paid in semimonthly
installments by the county treasurer from the county treasury,
upon the warrants of the county auditor, certified to by the
judge.
(b) Except as otherwise provided in the Revised Code, the
total compensation paid to all appointees of the probate judge in
any calendar year shall not exceed the total fees earned by the
probate court during the preceding calendar year, unless the
board of county commissioners approves otherwise.
(2) The probate judge annually shall submit a written
request for an appropriation to the board of county commissioners
that shall set forth estimated administrative expenses of the
court, including the salaries of appointees as determined by the
judge and any other costs, fees, and expenses, including, but not
limited to, those enumerated in section 5123.96 of the Revised
Code, that the judge considers reasonably necessary for the
operation of the court. The board shall conduct a public hearing
with respect to the written request submitted by the judge and
shall appropriate such sum of money each year as it determines,
after conducting the public hearing and considering the written
request of the judge, is reasonably necessary to meet all the
administrative expenses of the court, including the salaries of
appointees as determined by the judge and any other costs, fees,
and expenses, including, but not limited to, the costs, fees, and
expenses enumerated in section 5123.96 of the Revised Code.
If the judge considers the appropriation made by the board
pursuant to this division insufficient to meet all the
administrative expenses of the court, he THE JUDGE shall
commence an action
under Chapter 2731. of the Revised Code in the court of appeals
for the judicial district for a determination of the duty of the
board of county commissioners to appropriate the amount of money
in dispute. The court of appeals shall give priority to the
action filed by the probate judge over all cases pending on its
docket. The burden shall be on the probate judge to prove that
the appropriation requested is reasonably necessary to meet all
administrative expenses of the court. If, prior to the filing of
an action under Chapter 2731. of the Revised Code or during the
pendency of the action, the judge exercises his THE JUDGE'S
contempt power in
order to obtain the sum of money in dispute, he THE JUDGE shall
not order
the imprisonment of any member of the board of county
commissioners notwithstanding sections 2705.02 to 2705.06 of the
Revised Code.
(C) The probate judge may require any of his THE JUDGE'S
appointees to
give bond in the sum of not less than one thousand dollars,
conditioned for the honest and faithful performance of his THE
APPOINTEE'S
duties. The sureties on the bonds shall be approved in the
manner provided in section 2101.03 of the Revised Code.
The judge is personally liable for the default,
malfeasance, or nonfeasance of any such appointee, but, if a bond
is required of the appointee, the liability of the judge is
limited to the amount by which the loss resulting from the
default, malfeasance, or nonfeasance exceeds the amount of the
bond.
All bonds required to be given in the probate court, on
being accepted and approved by the probate judge, shall be filed
in his THE JUDGE'S office.
Sec. 2151.86. (A)(1) The appointing or hiring officer of
any entity that employs any person responsible for a child's care
in out-of-home care shall request the superintendent of the
bureau of criminal identification and investigation to conduct a
criminal records check with respect to any applicant who has
applied to the entity for employment as a person responsible for
a child's care in out-of-home care. The administrative director
of any entity that designates a person as a prospective adoptive
parent or as a prospective foster parent shall request the
superintendent to conduct a criminal records check with respect
to that person. If the applicant, prospective adoptive parent,
or prospective foster parent does not present proof that the applicant or
prospective adoptive or foster parent has been a resident of this state for
the five-year period
immediately prior to the date upon which the criminal records
check is requested or does not provide evidence that within that
five-year period the superintendent has requested information
about the applicant or prospective adoptive or foster parent from the federal
bureau of investigation in a criminal
records check, the appointing or hiring officer or administrative
director shall request that the superintendent obtain information
from the federal bureau of investigation as a part of the
criminal records check. If the applicant, prospective adoptive
parent, or prospective foster parent presents proof that the applicant or
prospective adoptive or foster parent has been a resident of this state for
that five-year period, the
appointing or hiring officer or administrator may request that
the superintendent include information from the federal bureau of
investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section
to request a criminal records check shall provide to each
applicant, prospective adoptive parent, or prospective foster
parent a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard impression
sheet to obtain fingerprint impressions prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code, obtain
the completed form and impression sheet from each applicant,
prospective adoptive parent, or prospective foster parent, and
forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation at the time the person requests a criminal records
check pursuant to division (A)(1) of this section.
(3) Any applicant, prospective adoptive parent, or
prospective foster parent who receives pursuant to division
(A)(2) of this section a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a copy
of an impression sheet prescribed pursuant to division (C)(2) of
that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form
or provide all the information necessary to complete the form and
shall provide the impression sheet with the impressions of the applicant's or
prospective adoptive or foster parent's fingerprints. If an applicant,
prospective adoptive parent, or
prospective foster parent, upon request, fails to provide the
information necessary to complete the form or fails to provide
impressions of the applicant's or prospective adoptive or foster parent's
fingerprints, the entity shall not employ that applicant for any position
for which a criminal records check is
required by division (A)(1) of this section
and shall not consider the prospective adoptive parent or prospective
foster parent as an adoptive parent or foster parent.
(B)(1) Except as provided in rules adopted by the
department of human services in accordance with division (E) of
this section, no NO entity shall employ a person as a person
responsible for a child's care in out-of-home care or permit a
person to become an adoptive parent or foster parent if the
person previously has been convicted of or pleaded guilty to any
of the following, UNLESS THE PERSON MEETS REHABILITATION STANDARDS
ESTABLISHED IN RULES ADOPTED UNDER DIVISION (E) OF THIS SECTION:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of
section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a
violation of section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation been committed prior to that date,, a
violation of section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation of former
section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to
any of the offenses described in division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant
conditionally until the criminal records check required by this
section is completed and the entity receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (B)(1) of this section,
the applicant does not qualify for employment, the entity shall
release the applicant from employment.
(C)(1) The out-of-home care entity shall pay to the bureau
of criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code for each criminal records check conducted in accordance with
that section upon a request pursuant to division (A)(1) of this
section.
(2) An out-of-home care entity may charge an applicant,
prospective adoptive parent, or prospective foster parent a fee
for the costs it incurs in obtaining a criminal records check
under this section. A fee charged under this division shall not
exceed the amount of fees the entity pays under division (C)(1)
of this section. If a fee is charged under this division, the
entity shall notify the applicant, prospective adoptive parent,
or prospective foster parent at the time of the person's initial
application for employment or for becoming an adoptive parent or
foster parent of the amount of the fee and that, unless the fee
is paid, the entity will not
consider the person for employment or as an
adoptive parent or foster parent.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A)(1) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
applicant, prospective adoptive parent, or prospective foster
parent who is the subject of the criminal records check or the applicant's or
prospective adoptive or foster parent's representative; the entity requesting
the criminal records check
or its representative; the state department of human services or
a county department of human services; and any court, hearing
officer, or other necessary individual involved in a case dealing
with the denial of employment to the applicant or the denial of
consideration as an adoptive parent or foster parent.
(E) The department of human services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including. THE rules specifying
circumstances under which an
out-of-home care entity may hire SHALL INCLUDE REHABILITATION
STANDARDS a person who has been convicted
of OR PLEADED GUILTY TO an offense listed in division (B)(1) of this
section but who
meets standards in regard to rehabilitation set by the
department MUST MEET FOR AN ENTITY TO EMPLOY THE PERSON AS A PERSON
RESPONSIBLE FOR A CHILD'S CARE IN OUT-OF-HOME CARE OR PERMIT THE PERSON TO
BECOME AN ADOPTIVE PARENT OR FOSTER PARENT.
(F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment with an entity
as a person responsible for a child's care in out-of-home care or
the person's initial application for becoming an adoptive parent or foster
parent, that the person is required to provide a set of impressions of
the person's fingerprints and that a criminal records check is required to
be conducted and satisfactorily completed in accordance with
section 109.572 of the Revised Code if the person comes under final
consideration for appointment or employment as a precondition to
employment for that position or if the person is to be given final
consideration as an adoptive parent or foster parent.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment as a person
responsible for a child's care in out-of-home care.
(2) "Person responsible for a child's care in out-of-home
care" has the same meaning as in section 2151.011 of the Revised
Code, except that it does not include a prospective employee of
the department of youth services or a person responsible for a
child's care in a hospital or medical clinic other than a
children's hospital.
(3) "Children's hospital" means any of the following:
(a) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(b) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age;
(c) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (G)(3)(a) of this section.
(4) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(5) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
Sec. 3107.012. (A) Except as provided
in division (B) of this section, only an individual
who meets all of the following requirements may perform the duties of
an assessor under sections 3107.031, 3107.082, 3107.09, 3107.12, and
5103.152 of the Revised Code:
(1) The individual must be employed IN THE EMPLOY OF, APPOINTED
by or under contract with a COURT, public
children services agency, private child placing agency, or private
noncustodial agency;
(2) The individual must be one of the following:
(a) A professional counselor or social worker licensed under Chapter 4757. of
the Revised Code;
(b) A psychologist licensed under Chapter 4732. of the Revised Code;
(c) A student working to earn a post-secondary
degree who conducts assessor's duties under the supervision of a professional
counselor or social worker licensed under
Chapter 4757. of the Revised Code or a psychologist licensed under Chapter
4732. of the Revised Code;
(d) A civil service employee engaging in social work without a license under
Chapter 4757. of the Revised Code, as permitted by division (E) of section
4757.16 of the Revised Code.
(3) The individual must complete education programs in
accordance with rules adopted under section 3107.013 of the Revised Code.
(B) An individual employed IN THE EMPLOY OF, APPOINTED
by, OR UNDER CONTRACT WITH a court prior to
the effective date
of this section SEPTEMBER 18, 1996, to conduct
home studies ADOPTION INVESTIGATIONS of prospective adoptive
parents may conduct home studies PERFORM THE DUTIES OF AN
ASSESSOR under section SECTIONS 3107.031,
3107.082, 3107.09, 3107.12, AND
5103.152 of the Revised Code if the
individual complies with division (A)(3) of this section REGARDLESS OF
WHETHER THE INDIVIDUAL MEETS THE REQUIREMENT OF DIVISION (A)(2) OF
THIS SECTION.
(C) A COURT, PUBLIC CHILDREN SERVICES AGENCY,
PRIVATE CHILD PLACING AGENCY, OR PRIVATE NONCUSTODIAL AGENCY MAY
EMPLOY, APPOINT, OR CONTRACT WITH AN ASSESSOR IN THE COUNTY IN WHICH A
PETITION FOR ADOPTION IS FILED AND IN ANY OTHER COUNTY OR
LOCATION OUTSIDE THIS STATE WHERE INFORMATION NEEDED TO COMPLETE
OR SUPPLEMENT THE ASSESSOR'S DUTIES MAY BE OBTAINED. MORE THAN
ONE ASSESSOR MAY BE UTILIZED FOR AN ADOPTION.
Sec. 3107.12. An (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, AN assessor shall conduct a prefinalization
assessment of
a minor and petitioner before a
court issues a final decree of adoption or finalizes an interlocutory order of
adoption for the minor. On completion of the assessment, the assessor shall
prepare a written report of the assessment and provide a copy of the report to
the court before which the adoption petition is pending.
The report of a prefinalization assessment shall include all of the
following:
(A)(1) The adjustment of the minor and the petitioner
to the adoptive placement;
(B)(2) The present and anticipated needs of the minor and the
petitioner, as determined by a review of the minor's medical and social
history, for adoption-related services, including assistance under
Title IV-E of the "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 670,
as amended, or section 5153.163 of the Revised Code
and counseling, case management services, crisis services, diagnostic
services, and therapeutic counseling.
(C)(3) The physical, mental, and
developmental condition of the minor;
(D)(4) If known, the minor's biological
family background, including identifying information about the biological or
other legal parents;
(E)(5) The reasons for the minor's
placement with the petitioner, the petitioner's attitude toward the proposed
adoption, and the circumstances under which the minor was placed in the home
of the petitioner;
(F)(6) The attitude of the minor toward
the proposed adoption, if the minor's age makes this feasible;
(G)(7) If the minor is an Indian child, as defined in 25
U.S.C.A. 1903(4), how the placement complies with the "Indian Child
Welfare Act of 1978," 92 Stat. 3069, 25 U.S.C.A. 1901, as amended.
The assessor shall file the prefinalization report with the court not later
than twenty days prior to the date scheduled for the final hearing on the
adoption unless the court determines there is good cause for filing the report
at a later date.
(B) THIS SECTION DOES NOT APPLY IF THE PETITIONER
IS THE MINOR'S STEPPARENT, UNLESS A COURT, AFTER DETERMINING A
PREFINALIZATION ASSESSMENT IS IN THE BEST INTEREST OF THE MINOR,
ORDERS THAT AN ASSESSOR CONDUCT A PREFINALIZATION ASSESSMENT.
(C) The department of human services shall adopt rules in accordance
with
Chapter 119. of the Revised Code defining "counseling," "case management
services," "crisis services," "diagnostic services," and "therapeutic
counseling" for the purpose of this section.
Sec. 3107.14. (A) The petitioner and the person sought to
be adopted shall appear at the hearing on the petition, unless
the presence of either is excused by the court for good cause
shown.
(B) The court may continue the hearing from time to time
to permit further observation, investigation, or consideration of
any facts or circumstances affecting the granting of the
petition, and may examine the petitioners separate and apart from
each other.
(C) If, at the conclusion of the hearing, the court finds
that the required consents have been obtained or excused and that
the adoption is in the best interest of the person sought to be
adopted as supported by the evidence, it may issue, subject to DIVISION
(B)(1) OF SECTION 2151.86,
section 3107.064, AND division (E) of section 3107.09 of the Revised
Code, and any
other limitations specified in this chapter, a final decree of adoption or an
interlocutory
order of adoption, which by its own terms automatically becomes a
final decree of adoption on a date specified in the order, which,
except as provided in division (B) of section 3107.13
of the Revised Code,
shall not be less than six months or more than one year from the
date of issuance of the order, unless sooner vacated by the court
for good cause shown. In determining whether the adoption is in the best
interest of the person sought to be adopted, the court shall not consider the
age of the petitioner if the petitioner is old enough to adopt as provided by
section 3107.03 of the Revised Code.
In an interlocutory order of adoption, the court shall
provide for observation, investigation, and a further report on
the adoptive home during the interlocutory period.
(D) If the requirements for a decree under division (C) of
this section have not been satisfied or the court vacates an
interlocutory order of adoption, or if the court finds that a
person sought to be adopted was placed in the home of the
petitioner in violation of law, the court shall dismiss the
petition and may determine the agency or person to have temporary
or permanent custody of the person, which may include the agency
or person that had custody prior to the filing of the petition or
the petitioner, if the court finds it is in the best interest of
the person as supported by the evidence, or if the person is a minor,
the court may certify the case to the juvenile court of the county where the
minor is then residing for appropriate action and disposition.
Sec. 3107.141. AFTER AN ASSESSOR FILES A HOME STUDY
REPORT UNDER SECTION 3107.031, A SOCIAL AND
MEDICAL HISTORY UNDER SECTION 3107.09, OR A PREFINALIZATION ASSESSMENT REPORT
UNDER SECTION 3107.12 of the Revised Code, OR THE DEPARTMENT OF HUMAN
SERVICES FILES A SOCIAL AND MEDICAL HISTORY UNDER SECTION
3107.091 of the Revised Code,
A COURT MAY DO EITHER OR
BOTH OF THE FOLLOWING IF THE COURT DETERMINES THE REPORT OR
HISTORY DOES NOT COMPLY WITH THE REQUIREMENTS GOVERNING THE
REPORT OR HISTORY OR, IN THE CASE OF A HOME STUDY OR
PREFINALIZATION ASSESSMENT REPORT, DOES NOT ENABLE THE COURT TO
DETERMINE WHETHER AN ADOPTION IS IN THE BEST INTEREST OF THE
MINOR TO BE ADOPTED:
(1) ORDER THE ASSESSOR OR DEPARTMENT TO REDO OR
SUPPLEMENT THE REPORT OR HISTORY IN A MANNER THE COURT
DIRECTS;
(2) APPOINT A DIFFERENT ASSESSOR TO REDO OR SUPPLEMENT
THE REPORT OR HISTORY IN A MANNER THE COURT DIRECTS.
Section 2. That existing sections 2101.01, 2101.11, 2151.86,
3107.012, 3107.12, and 3107.14 of the Revised Code are hereby
repealed.
Section 3. Section 2151.86 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 445 and Am. Sub. S.B. 269 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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