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(123rd General Assembly)(Substitute House Bill Number 191)
AN ACT
To amend section 3109.06 and to enact sections 3109.41 to
3109.48 of the Revised Code to deny custody and visitation
rights to, and to terminate existing custody or visitation
rights of, a parent who has been convicted of aggravated murder,
murder, or voluntary manslaughter of the other parent of the
child.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 3109.06 be amended and sections
3109.41, 3109.42, 3109.43, 3109.44, 3109.45, 3109.46, 3109.47,
and 3109.48 of the Revised Code be enacted to read as follows:
Sec. 3109.06. Any court, other than a juvenile court, that
has jurisdiction in any case respecting the allocation of
parental rights and responsibilities for the care of a child
under eighteen years of age and the designation of the child's
place of residence and legal custodian or in any case respecting
the support of a child under eighteen years of age, may, on its
own motion or on motion of any interested party, with the consent
of the juvenile court, certify the record in the case or so much
of the record and such further information, in narrative form or
otherwise, as the court deems necessary or the juvenile court
requests, to the juvenile court for further proceedings; upon the
certification, the juvenile court shall have exclusive
jurisdiction. In cases in which the court of common pleas finds the
parents unsuitable to have the parental rights and
responsibilities for the care of the child or children and
unsuitable to provide the place of residence and to be the legal
custodian of the child or children, consent of the juvenile court
shall not be required to such certification. This section
applies to actions pending on August 28, 1951. In any case in which a court of common pleas, or other
court having jurisdiction, has issued an order that allocates
parental rights and responsibilities for the care of minor
children and designates their place of residence and legal
custodian of minor children, has made an order for support of
minor children, or has done both, the jurisdiction of the court
shall not abate upon the death of the person awarded custody but
shall continue for all purposes during the minority of the
children, and the. The court, upon its own motion or the
motion of
either parent or of any interested person acting on behalf of the
children, may proceed to make further disposition of the case in
the best interests of the children, or if and subject to sections
3109.42 to 3109.48 of the Revised Code. If the children are under
eighteen years of age, it may certify them, pursuant to this
section, to the juvenile court of any county for further
proceedings. After certification to a juvenile court, the
jurisdiction of the court of common pleas, or other court, shall
cease, except as to any payments of spousal support due for the
spouse and support payments due and unpaid for the children at
the time of the certification. Any disposition made pursuant to this section, whether by a
juvenile court after a case is certified to it, or by any court
upon the death of a person awarded custody of a child, shall be
made in accordance with section sections 3109.04 and 3109.42
to 3109.48 of the Revised Code. If
an appeal is taken from a decision made pursuant to this section
that allocates parental rights and responsibilities for the care
of a minor child and designates the child's place of residence
and legal custodian, the court of appeals shall give the case
calendar priority and handle it expeditiously. Sec. 3109.41. As used in sections 3109.41 to 3109.48 of
the Revised
Code: (A) A person is "convicted of killing" if the
person has been convicted of or pleaded guilty to a violation of
section 2903.01, 2903.02, or 2903.03 of the
Revised
Code. (B) "Custody order" means an order designating a
person as the residential parent and legal custodian of a child
under section 3109.04 of the
Revised
Code or any order determining
custody of a child under section 2151.23, 2151.33, 2151.353,
2151.354, 2151.355, 2151.356, 2151.415, 2151.417, or 3113.31
of the Revised Code. (C) "Visitation order" means an order issued under
division
(B)(1)(c)of section 2151.33 or under section 2151.412, 3109.051, 3109.12, or
3113.31 of the Revised
Code. Sec. 3109.42. Except as provided in section 3109.47 of
the Revised
Code, if a parent is convicted
of killing the other parent of a child, no court shall issue a
custody order designating the parent as the residential parent
and legal custodian of the child or granting custody of the
child to the parent. Sec. 3109.43. Except as provided in section 3109.47 of
the Revised
Code, if a parent is convicted
of killing the other parent of a child, no court
shall issue a visitation order granting the parent visitation
rights with the child. Sec. 3109.44. Upon receipt of notice that a visitation order is pending or
has been issued
granting a parent visitation rights with a child or a custody
order is pending or has been issued designating a parent as the residential
parent and legal custodian of a child or granting custody of a
child to a parent prior to that parent being convicted of
killing the other parent of the child, the court in which the
parent is convicted of killing the other parent shall
immediately notify the court that issued the visitation or
custody order of the conviction. Sec. 3109.45. On receipt of notice under section 3109.44
of the Revised
Code, a court that issued a
visitation order described in that section shall terminate the
order. Sec. 3109.46. If the court to which notice is sent under
section 3109.44 of the Revised
Code is a juvenile court
that issued a custody order described in that section, the
court shall retain jurisdiction over the order. If the court to
which notice is sent is not a juvenile court but the court
issued a custody order described in that section, the court
shall transfer jurisdiction over the custody order to the
juvenile court of the county in which the child has a residence
or legal settlement. On receipt of the notice in cases in which the custody
order was issued by a juvenile court or after jurisdiction is
transferred, the juvenile court with jurisdiction shall
terminate the custody order. The termination order shall be treated as a complaint
filed under section 2151.27 of the
Revised
Code alleging the child subject
of the custody order to be a dependent child. If a juvenile
court issued the terminated custody order under a prior juvenile
proceeding under Chapter 2151. of the
Revised
Code in which the child was
adjudicated an abused, neglected, dependent, unruly, or
delinquent child or a juvenile traffic offender, the court shall
treat the termination order as a new complaint. Sec. 3109.47. (A) A court may do one of the following with
respect to a parent convicted of killing the other parent of a
child if the court determines, by clear and convincing evidence,
that it is in the best interest of the child and the child consents: (1) Issue a custody
order designating the parent as the residential parent and legal
custodian of the child or granting custody of the child to that
parent; (2) Issue a visitation
order granting that parent visitation rights with the
child. (B) WHEN CONSIDERING THE ABILITY OF A CHILD TO CONSENT AND THE
VALIDITY OF A CHILD'S CONSENT UNDER THIS SECTION, THE COURT SHALL
CONSIDER The wishes of the child, as expressed directly by
the child or through the child's guardian ad litem, with due
regard for the maturity of the child. Sec. 3109.48. No person, with the child of the parent
present, shall visit the parent who has been convicted of
killing the child's other parent unless a court has issued an
order granting the parent visitation rights with the child and
the child's custodian or legal guardian consents to
the visit. SECTION 2 . That existing section 3109.06 of the Revised Code is
hereby repealed.
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