The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Reported by the House Family Services Committee
122nd General Assembly
Regular Session
1997-1998 | Am. Sub. S. B. No. 112 |
SENATORS SCHAFRATH-KEARNS-BLESSING-GAETH-GARDNER-WHITE-
NEIN-DIX-DRAKE-RAY-SUHADOLNIK-McLIN-CUPP-CARNES-LATTA-
DiDONATO-SHOEMAKER-LATELL-HERINGTON-GILLMOR-SWEENEY-
WATTS-MUMPER-HAGAN-
REPRESENTATIVES BOYD-CLANCY-GRENDELL-
HARRIS-MASON-MILLER-WILLAMOWSKI
A BILL
To enact section 3109.401 of the Revised Code to create the Task
Force on Family Law and Children to study ways to improve
existing processes regarding the parenting of
children whose parents do not
reside together and to submit a report of its
findings and recommendations to the Speaker and Minority Leader
of the House of Representatives and to the President
and the
Minority Leader of the Senate by December 31,
1999.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3109.401 of the Revised
Code be enacted to read as follows:
Sec. 3109.401. (A) THE
GENERAL ASSEMBLY FINDS THE FOLLOWING:
(1) THAT THE PARENT AND CHILD RELATIONSHIP IS OF
FUNDAMENTAL IMPORTANCE TO THE WELFARE OF A CHILD, AND THAT THE
RELATIONSHIP BETWEEN A CHILD AND EACH PARENT SHOULD BE FOSTERED
UNLESS INCONSISTENT WITH THE CHILD'S BEST INTERESTS;
(2) THAT PARENTS HAVE THE RESPONSIBILITY TO MAKE
DECISIONS AND PERFORM OTHER PARENTING FUNCTIONS NECESSARY FOR
THE CARE AND GROWTH OF THEIR CHILDREN;
(3) THAT THE COURTS, WHEN ALLOCATING PARENTING FUNCTIONS
AND RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE,
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER
PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL RIGHTS AND RESPONSIBILITIES,
MUST DETERMINE THE CHILD'S BEST
INTERESTS;
(4) THAT THE COURTS AND PARENTS MUST TAKE INTO
CONSIDERATION THE FOLLOWING GENERAL PRINCIPLES WHEN ALLOCATING
PARENTAL RIGHTS AND RESPONSIBILITIES AND DEVELOPING
APPROPRIATE TERMS FOR PARENTING PLANS:
(a) CHILDREN ARE SERVED BY A
PARENTING ARRANGEMENT THAT BEST PROVIDES FOR A CHILD'S SAFETY,
EMOTIONAL GROWTH, HEALTH, STABILITY, AND PHYSICAL CARE.
(b) EXPOSURE OF THE CHILD TO HARMFUL
PARENTAL CONFLICT SHOULD BE MINIMIZED AS MUCH AS
POSSIBLE.
(c) WHENEVER APPROPRIATE, PARENTS
SHOULD BE ENCOURAGED TO MEET THEIR RESPONSIBILITIES TO THEIR
CHILDREN THROUGH AGREEMENTS RATHER THAN BY RELYING ON JUDICIAL
INTERVENTION.
(d) WHEN A PARENTING PLAN PROVIDES
FOR MUTUAL DECISION-MAKING RESPONSIBILITY BY THE PARENTS BUT
THEY ARE UNABLE TO MAKE DECISIONS MUTUALLY, THEY SHOULD MAKE A
GOOD FAITH EFFORT TO UTILIZE THE MEDIATION PROCESS AS REQUIRED
BY THE PARENTING PLAN.
(e) IN APPORTIONING BETWEEN THE
PARENTS THE DAILY PHYSICAL LIVING ARRANGEMENTS OF THE CHILD AND
THE CHILD'S LOCATION DURING LEGAL AND SCHOOL HOLIDAYS,
VACATIONS, AND DAYS OF SPECIAL IMPORTANCE, A COURT SHOULD NOT IMPOSE ANY TYPE
OF STANDARD SCHEDULE UNLESS A STANDARD SCHEDULE MEETS THE NEEDS OF THE CHILD
BETTER THAN ANY PROPOSED ALTERNATIVE PARENTING PLAN.
(B) IT IS, THEREFORE,
THE PURPOSE OF CHAPTER 3109. OF THE
REVISED CODE, WHEN IT IS IN THE CHILD'S
BEST INTEREST, TO FOSTER THE RELATIONSHIP BETWEEN THE CHILD AND EACH
PARENT WHEN A COURT ALLOCATES PARENTAL RIGHTS AND
RESPONSIBILITIES WITH RESPECT TO THE CHILD IN A DIVORCE,
DISSOLUTION, LEGAL SEPARATION, ANNULMENT, OR ANY OTHER
PROCEEDING ADDRESSING THE ALLOCATION OF PARENTAL RIGHTS AND
RESPONSIBILITIES.
(C) THERE IS HEREBY CREATED THE TASK FORCE ON
FAMILY LAW AND CHILDREN CONSISTING OF TWENTY-FOUR MEMBERS. THE
OHIO STATE BAR ASSOCIATION SHALL
APPOINT THREE MEMBERS WHO SHALL BE ATTORNEYS WITH EXTENSIVE
EXPERIENCE IN THE PRACTICE OF FAMILY LAW. THE
OHIO ASSOCIATION OF DOMESTIC
RELATIONS JUDGES SHALL APPOINT THREE MEMBERS WHO SHALL BE
DOMESTIC RELATIONS JUDGES. THE
OHIO ASSOCIATION OF JUVENILE
AND FAMILY COURT JUDGES SHALL APPOINT THREE MEMBERS WHO SHALL BE
JUVENILE OR FAMILY COURT JUDGES. THE CHIEF JUSTICE OF THE
SUPREME COURT SHALL APPOINT EIGHT MEMBERS, THREE OF WHOM SHALL BE
PERSONS WHO PRACTICE IN THE FIELD OF FAMILY LAW MEDIATION, TWO
OF WHOM SHALL BE PERSONS WHO PRACTICE IN THE FIELD OF CHILD
PSYCHOLOGY, ONE OF WHOM SHALL BE A PERSON WHO REPRESENTS PARENT AND CHILD
ADVOCACY ORGANIZATIONS, ONE OF WHOM SHALL BE A PERSON WHO PROVIDES
PARENTING EDUCATION SERVICES, AND ONE OF WHOM SHALL BE A MAGISTRATE EMPLOYED
BY A DOMESTIC RELATIONS OR JUVENILE COURT. THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES SHALL APPOINT TWO MEMBERS WHO SHALL BE MEMBERS
OF THE HOUSE OF REPRESENTATIVES AND WHO SHALL BE FROM DIFFERENT
POLITICAL PARTIES. THE PRESIDENT OF THE SENATE SHALL APPOINT TWO
MEMBERS WHO SHALL BE MEMBERS OF THE SENATE AND WHO SHALL BE FROM
DIFFERENT POLITICAL PARTIES. THE GOVERNOR SHALL APPOINT TWO
MEMBERS WHO SHALL REPRESENT CHILD CARING AGENCIES. ONE
MEMBER SHALL BE THE DIRECTOR OF HUMAN SERVICES OR THE DIRECTOR'S
DESIGNEE. THE CHIEF JUSTICE SHALL DESIGNATE ONE MEMBER OF THE
TASK FORCE TO CHAIR THE TASK FORCE.
THE APPOINTING AUTHORITIES AND PERSONS SHALL MAKE
INITIAL APPOINTMENTS TO THE TASK FORCE ON FAMILY LAW AND
CHILDREN WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE
OF THIS SECTION. INITIAL APPOINTMENTS TO THE TASK FORCE SHALL
BE FOR TERMS ENDING JULY 1, 1999. THEREAFTER, TERMS OF
OFFICE SHALL BE FOR TWO YEARS, WITH EACH TERM ENDING ON THE FIRST DAY OF
JULY OF THE FOLLOWING ODD-NUMBERED YEAR. MEMBERS WHO ARE MEMBERS OF
THE GENERAL
ASSEMBLY SHALL HOLD OFFICE UNTIL THE END OF THE TERM FOR WHICH
THE MEMBER WAS APPOINTED OR UNTIL THE PERSON CEASES TO BE A
MEMBER OF THE GENERAL ASSEMBLY, WHICHEVER OCCURS FIRST. THE
DIRECTOR OF HUMAN SERVICES SHALL HOLD OFFICE UNTIL THE DIRECTOR
CEASES TO BE DIRECTOR OF HUMAN SERVICES. EACH MEMBER SHALL HOLD
OFFICE FROM THE DATE OF THE PERSON'S APPOINTMENT UNTIL THE END
OF THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL A
VACANCY OCCURRING PRIOR TO THE EXPIRATION DATE OF THE
TERM FOR WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD
OFFICE AS A MEMBER FOR THE REMAINDER OF THAT TERM. A MEMBER
SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF
THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A
PERIOD OF SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. SECTION
101.84 of the Revised Code DOES NOT APPLY TO THE TASK FORCE.
(D) THE TASK FORCE ON
FAMILY LAW AND CHILDREN SHALL DO ALL OF THE FOLLOWING:
(1) APPOINT AND FIX THE COMPENSATION OF ANY TECHNICAL,
PROFESSIONAL, AND CLERICAL EMPLOYEES AND PERFORM ANY SERVICES THAT
ARE NECESSARY TO CARRY OUT THE POWERS AND DUTIES OF THE TASK FORCE
ON FAMILY LAW AND CHILDREN. ALL EMPLOYEES OF THE TASK FORCE
SHALL SERVE AT THE PLEASURE OF THE TASK FORCE.
(2) BY DECEMBER 31, 1999,
SUBMIT TO THE SPEAKER AND MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES AND TO THE PRESIDENT AND THE MINORITY LEADER OF
THE SENATE A REPORT OF ITS FINDINGS AND RECOMMENDATIONS ON HOW
TO CREATE A MORE CIVILIZED AND CONSTRUCTIVE PROCESS FOR THE PARENTING OF
CHILDREN WHOSE PARENTS TO NOT RESIDE TOGETHER. THE
RECOMMENDATIONS SHALL PROPOSE A SYSTEM TO DO ALL OF THE
FOLLOWING:
(a) PUT CHILDREN FIRST;
(b) PROVIDE FAMILIES WITH CHOICES BEFORE THEY MAKE
A DECISION TO OBTAIN OR FINALIZE A DIVORCE, DISSOLUTION, LEGAL
SEPARATION, OR ANNULMENT;
(c) REDIRECT HUMAN SERVICES TO INTERVENTION AND
PREVENTION, RATHER THAN SUPPORTING THE CASUALTIES OF THE CURRENT
PROCESS;
(d) AVOID NEEDLESS CONFLICT BETWEEN THE
PARTICIPANTS;
(e) ENCOURAGE PROBLEM SOLVING AMONG THE
PARTICIPANTS;
(f) FORCE THE PARTICIPANTS TO ACT
RESPONSIBLY;
(g) SHIELD BOTH THE PARTICIPANTS AND THEIR
CHILDREN FROM LASTING EMOTIONAL DAMAGE.
(3) GATHER INFORMATION ON AND STUDY THE CURRENT STATE OF
FAMILY LAW IN THIS STATE;
(4) COLLABORATE AND CONSULT WITH ENTITIES ENGAGED IN
FAMILY AND CHILDREN'S ISSUES INCLUDING, BUT NOT LIMITED TO,
THE
OHIO ASSOCIATION OF CHILD CARING AGENCIES, THE OHIO FAMILY
COURT FEASIBILITY STUDY, AND THE OHIO COURTS FUTURES COMMISSION;
(5) UTILIZE FINDINGS AND OUTCOMES FROM PILOT PROJECTS CONDUCTED BY THE
OHIO FAMILY COURT FEASIBILITY STUDY TO EXPLORE ALTERNATIVES IN
CREATING A MORE CIVILIZED AND CONSTRUCTIVE PROCESS FOR
THE PARENTING OF CHILDREN WHOSE PARENTS DO NOT RESIDE TOGETHER WITH AN
EMPHASIS ON
THE AREAS OF MEDIATION AND OBTAINING VISITATION COMPLIANCE.
(E) COURTS OF COMMON
PLEAS SHALL COOPERATE WITH THE TASK FORCE ON FAMILY LAW AND
CHILDREN IN THE PERFORMANCE OF THE TASK FORCE'S DUTIES DESCRIBED
IN DIVISION (D) OF THIS SECTION.
|