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(125th General Assembly)
(Substitute Senate Bill Number 185)
AN ACT
To amend sections 2111.06, 2151.23, 2151.27, 2151.353, 2151.421, 2152.021, 3109.04, 3109.27, 3109.29, 3109.37, and 5153.122, to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 3109.27 (3127.23), 3109.29 (3127.24), and 3109.37 (3127.06), to enact sections 3127.01 to 3127.05, 3127.07 to 3127.11, 3127.15 to 3127.22, 3127.31 to 3127.47, 3127.51, 3127.52, and 3127.53, and to repeal sections 3109.21, 3109.22, 3109.23, 3109.24, 3109.25, 3109.26, 3109.28, 3109.30, 3109.31, 3109.32, 3109.33, 3109.34, 3109.35, and 3109.36 of the Revised Code to repeal the Uniform Child Custody Jurisdiction Act and replace it with the Uniform Child Custody Jurisdiction and Enforcement Act; to clarify the dispositional orders that a juvenile court may issue regarding an adjudicated abused, neglected, or dependent child; to clarify the jurisdiction of the juvenile court; to require that a person accused of child abuse or neglect be informed of the specific complaint or allegation; and to require that caseworkers receive training regarding the constitutional rights of parents.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2111.06, 2151.23, 2151.27, 2151.353, 2151.421, 2152.021, 3109.04, 3109.27, 3109.29, 3109.37, and 5153.122 be amended, sections 3109.27 (3127.23), 3109.29 (3127.24), and 3109.37 (3127.06) be amended for the purpose of adopting new section numbers as indicated in parentheses, and sections 3127.01, 3127.02, 3127.03, 3127.04, 3127.05, 3127.07, 3127.08, 3127.09, 3127.10, 3127.11, 3127.15, 3127.16, 3127.17, 3127.18, 3127.19, 3127.20, 3127.21, 3127.22, 3127.31, 3127.32, 3127.33, 3127.34, 3127.35, 3127.36, 3127.37, 3127.38, 3127.39, 3127.40, 3127.41, 3127.42, 3127.43, 3127.44, 3127.45, 3127.46, 3127.47, 3127.51, 3127.52, and 3127.53 of the Revised Code be enacted to read as follows:
Sec. 2111.06. If the powers of the person appointed as
guardian of a minor or incompetent are not limited by the order
of appointment, such person shall be guardian both of the person
and estate of the ward. In every instance the court shall
appoint the same person as guardian of the person and estate of
any such ward, unless in the opinion of the court the interests
of the ward will be promoted by the appointment of different
persons as guardians of the person and of the estate. A guardian of the person of a minor shall be appointed as
to a minor having neither father nor mother, or whose parents are
unsuitable persons to have the custody and tuition of such minor,
or whose interests, in the opinion of the court, will be promoted
thereby. A guardian of the person shall have the custody and
provide for the maintenance of the ward, and if the ward is a
minor, such guardian shall also provide for the education of such
ward. Before exercising its jurisdiction to appoint a guardian of
a minor, the court shall comply with the jurisdictional standards
of sections 3109.21 to 3109.37 3127.01 to 3127.53 of the Revised Code.
Sec. 2151.23. (A) The juvenile court has exclusive
original
jurisdiction under the Revised Code as follows: (1) Concerning any child who on or about the date
specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic
offender or a
delinquent, unruly, abused, neglected, or
dependent child
and,
based on and in relation to the allegation pertaining to the
child,
concerning the parent, guardian, or other person having
care
of a child who is alleged to be an unruly or delinquent child
for being an
habitual or chronic
truant; (2) Subject to divisions (G) and (V) of section 2301.03 of the
Revised Code, to
determine the custody of any child not a ward of
another court of this state; (3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child; (4) To exercise the powers and jurisdiction given the
probate division of the court of common pleas in Chapter 5122.
of
the Revised Code, if the court has probable cause to believe
that
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as
defined in section 5122.01 of the Revised Code; (5) To hear and determine all criminal cases charging
adults
with the violation of any section of this chapter; (6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised
Code, provided
the charge is not included in an indictment that
also charges the
alleged adult offender with the commission of a
felony arising
out of the same actions that are the basis of the
alleged
violation of division (C) of section 2919.21, division
(B)(1) of
section 2919.22, section 2919.222, division (B) of
section
2919.23, or section
2919.24 of the Revised Code; (7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code; (8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody; (9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code; (10) To hear and determine applications for consent to
marry
pursuant to section 3101.04 of the Revised Code; (11) Subject to divisions (G) and (V) of section 2301.03 of the
Revised Code, to hear
and determine a request for an order for the
support of any child if the request is not ancillary to an action
for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code; (12) Concerning an action commenced under section 121.38 of
the Revised
Code; (13) To hear and determine violations of section 3321.38
of
the Revised Code; (14) To exercise
jurisdiction and authority over the
parent,
guardian, or other person having care of a child alleged
to be a
delinquent child, unruly child, or juvenile traffic
offender,
based on and in relation to the allegation pertaining to
the
child; (15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding
a
child who has been adjudicated a delinquent child and to refer
the duties conferred upon the juvenile court judge under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code to
magistrates appointed by the juvenile court judge in accordance
with Juvenile Rule 40. (B) Except as provided in divisions (G) and (I) of section 2301.03 of
the Revised
Code, the juvenile court has original jurisdiction
under the
Revised Code: (1) To hear and determine all cases of misdemeanors
charging
adults with any act or omission with respect to any
child, which
act or omission is a violation of any state law or
any municipal
ordinance; (2) To determine the paternity of any child alleged to
have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the
Revised Code; (3) Under the uniform interstate family support
act in
Chapter 3115. of the Revised Code; (4) To hear and determine an application for an order for
the support of any child, if the child is not a ward of another
court of this state; (5) To hear and determine an action commenced under section
3111.28
of the Revised Code; (6) To hear and determine a motion filed under section
3119.961 of the Revised Code; (7) To receive filings under section 3109.74 of the Revised Code, and to hear and determine actions arising under sections 3109.51 to 3109.80 of the Revised Code.
(8)
To enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction pursuant to section 3127.32 of the Revised Code;
(9) To grant any relief normally available under the laws of this state to enforce a child custody determination made by a court of another state and registered in accordance with section 3127.35 of the Revised Code. (C) The juvenile court, except as to juvenile courts that
are a separate division of the court of common pleas or a
separate
and independent juvenile court, has jurisdiction to
hear,
determine, and make a record of any action for divorce or
legal
separation that involves the custody or care of children
and that
is filed in the court of common pleas and certified by
the court
of common pleas with all the papers filed in the action
to the
juvenile court for trial, provided that no certification of
that
nature shall
be made to any juvenile court unless the consent of
the juvenile judge
first is obtained. After a certification of
that nature is made
and consent is
obtained, the juvenile court
shall proceed as if the action originally had
been begun in that
court, except as to awards for spousal support
or support due and
unpaid at the time of certification, over
which the juvenile court
has no jurisdiction. (D) The juvenile court, except as provided in divisions (G) and (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine all matters as to custody and support of children
duly
certified by the court of common pleas to the juvenile court
after a divorce decree has been granted, including jurisdiction
to
modify the judgment and decree of the court of common pleas as
the
same relate to the custody and support of children. (E) The juvenile court, except as provided in divisions (G) and (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine the case of any child certified to the court by any
court of competent jurisdiction if the child comes within the
jurisdiction of the juvenile court as defined by this section. (F)(1) The juvenile court shall exercise its jurisdiction
in
child custody matters in accordance with sections 3109.04,
3109.21 3127.01
to 3109.36 3127.53, and 5103.20 to 5103.28 of the Revised Code. (2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code. (G) Any
juvenile court that
makes or modifies an order for
child support
shall comply with
Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person
required to pay
child
support under an order made by a juvenile
court on or after
April
15, 1985, or modified on or after December
1, 1986, is
found in
contempt of court for failure to make support
payments
under the
order, the court that makes the finding, in
addition to
any other
penalty or remedy imposed, shall assess all
court costs
arising
out of the contempt proceeding against the
person and
require the
person to pay any reasonable attorney's
fees of any
adverse party,
as determined by the court, that arose
in relation
to the act of
contempt. (H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under
eighteen years of age at the time of the alleged
act and if the case is
transferred for criminal prosecution
pursuant to section 2152.12 of the
Revised Code, the
juvenile
court does not have jurisdiction to hear or
determine the case
subsequent to the transfer. The court to which the
case is
transferred for criminal prosecution pursuant to that
section has
jurisdiction subsequent to the transfer to hear and
determine the
case in the same manner as if the case originally
had been
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized
by Criminal Rule 11 or another section
of the Revised Code and
jurisdiction to accept a
verdict and to enter a judgment of
conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged. (I) If a person under eighteen
years of age allegedly
commits an act that would be a felony if committed by
an adult and
if the person is not taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the
juvenile court
does not have jurisdiction to hear or determine any
portion of the case
charging the person with committing that act.
In those circumstances,
divisions (A) and (B) of section 2152.12
of the
Revised Code do not apply regarding the act, and the case
charging the person with committing the act shall be a criminal
prosecution
commenced and heard in the appropriate court having
jurisdiction of the
offense as if the person had been eighteen
years of age or older when the
person committed the act. All
proceedings pertaining to the act shall be
within the jurisdiction
of the court having jurisdiction of the offense, and
that court
has all the authority and
duties
in the case that it has in other
criminal cases in
that court.
Sec. 2151.27. (A)(1) Subject to division
(A)(2) of this
section, any person having knowledge of a child
who appears to
have violated section 2151.87 of the Revised Code or to be a
juvenile
traffic offender or to be an unruly, abused,
neglected,
or dependent child may
file a sworn complaint with
respect to that
child in the juvenile
court of the county in which
the child has a
residence or legal
settlement or in which the
violation,
unruliness, abuse,
neglect, or dependency allegedly occurred. If
an alleged abused,
neglected, or dependent child is taken into
custody pursuant to
division (D) of section 2151.31 of the
Revised
Code or is taken
into custody pursuant to division (A)
of section
2151.31 of the
Revised Code without the filing of a
complaint and
placed into
shelter care pursuant to division (C)
of that section,
a sworn
complaint shall
be filed with respect to the child before
the end
of the next
day after the day on which the child was taken
into
custody. The sworn complaint may be upon information and
belief,
and, in addition to the allegation that the child
committed the
violation
or is an
unruly, abused, neglected, or
dependent child, the complaint
shall allege the particular facts
upon which the allegation that
the child committed the violation
or is
an unruly,
abused, neglected, or dependent child is based. (2) Any person having knowledge of a child who appears to be
an
unruly child for being an habitual truant
may file a
sworn
complaint with respect to that child and
the parent,
guardian, or
other person having care of the child in
the juvenile
court of the
county in which the child has a
residence or legal
settlement or
in which the child is supposed to
attend public
school. The sworn
complaint may be upon information
and belief
and shall contain the
following allegations: (a) That the child is an unruly child for being an habitual
truant
and, in addition, the
particular facts upon which that
allegation is based; (b) That the parent, guardian, or other person having care
of the
child has failed to cause the child's attendance at school
in violation
of section 3321.38 of the Revised Code and, in
addition,
the particular facts upon which that allegation is
based. (B) If a child, before arriving at the age of eighteen
years, allegedly commits an act for which the child may be
adjudicated an unruly child and if the specific complaint alleging
the act is
not filed or a
hearing on that specific complaint is
not held
until after the
child arrives at the age of eighteen
years, the
court has
jurisdiction to hear and dispose of the
complaint as if
the
complaint were filed and the hearing held
before the child
arrived at the age of eighteen years. (C) If the complainant in a case in which a child is
alleged
to be an abused, neglected, or dependent child desires
permanent
custody of the child or children, temporary custody of
the child
or children, whether as the preferred or an alternative
disposition, or the placement of the child in a planned permanent
living
arrangement, the complaint shall contain a prayer
specifically
requesting permanent custody, temporary custody, or
the placement
of the child in a planned permanent living
arrangement. (D) Any person with standing under applicable law may file
a
complaint for the determination of any other matter over which
the
juvenile court is given jurisdiction by section 2151.23 of
the
Revised Code. The complaint shall be filed in the county in
which
the child who is the subject of the complaint is found or
was last
known to be found. (E) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is
not subject
to the requirements of section 3109.27 3127.23 of the Revised
Code. (F) Upon the filing of a complaint alleging that a child is
an
unruly child, the court may hold the complaint in abeyance
pending
the child's
successful
completion of actions that
constitute a
method to divert the child from the
juvenile court
system. The
method may be adopted by a county pursuant to
divisions (D) and
(E) of section
121.37 of the Revised Code or it
may be another
method that
the court
considers satisfactory. If
the child
completes the actions to the court's
satisfaction, the
court may
dismiss the complaint. If the child fails to complete
the actions
to
the court's satisfaction, the court may consider
the complaint.
Sec. 2151.353. (A) If a child is adjudicated an abused,
neglected, or dependent child, the court may make any of the
following orders of disposition: (1) Place the child in protective supervision; (2) Commit the child to the temporary custody of a public
children services agency, a private child placing agency, either
parent, a relative residing within or outside the state, or a
probation officer for placement in a certified foster
home, or in any other home approved by the court; (3) Award legal custody of the child to either parent or
to any other person who, prior to the dispositional hearing,
files a motion requesting legal custody of the child; (4) Commit the child to the permanent custody of a public
children services agency or private child placing agency, if the
court determines in accordance with division (E) of section
2151.414 of the Revised Code that the child cannot be placed with
one of the child's parents within a reasonable time or should not be
placed with either parent and determines in accordance with
division (D) of section 2151.414 of the Revised Code that the
permanent commitment is in the best interest of the child. If
the court grants permanent custody under this division, the
court, upon the request of any party, shall file a written
opinion setting forth its findings of fact and conclusions of law
in relation to the proceeding. (5) Place the child in a planned
permanent living arrangement with a
public children services agency or private child placing agency,
if a public children services agency or private child placing
agency requests the court to place the child in a planned permanent living
arrangement and if the court
finds, by clear and convincing
evidence, that a planned permanent living
arrangement is in the best interest of
the child and that one of the following exists: (a) The child, because of physical, mental, or
psychological problems or needs, is unable to function in a
family-like setting and must remain in residential or
institutional care. (b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative. (c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available to the
child, is unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing the child for independent living. (6) Order the removal from the child's
home until further order of the court of the person who committed
abuse as described in section 2151.031 of the Revised
Code against the child, who caused or allowed the child
to suffer neglect as described in section 2151.03 of the
Revised Code, or who is the parent, guardian,
or custodian of a child who is adjudicated a dependent child and
order any person not to have contact with the child or the
child's siblings. (B) No order for permanent custody or temporary custody of
a child or the placement of a child in a
planned permanent living arrangement
shall be made pursuant to this section unless the complaint
alleging the abuse, neglect, or dependency contains a prayer
requesting permanent custody, temporary custody, or the placement
of the child in a planned permanent living
arrangement as desired, the summons
served on the parents of the child contains as is appropriate a
full explanation that the granting of an order for permanent
custody permanently divests them of their parental rights, a full
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or a
full explanation that the granting of an order for a planned permanent living
arrangement
will result in the removal of the child from their
legal custody if any of the conditions listed in divisions
(A)(5)(a) to (c) of this section are found to exist, and the
summons served on the parents contains a full explanation of
their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent. If after making disposition as authorized by division
(A)(2) of this section, a motion is filed that requests permanent
custody of the child, the court may grant permanent custody of
the child to the movant in accordance with section 2151.414 of
the Revised Code. (C) If the court issues an order for protective
supervision pursuant to division (A)(1) of this section, the
court may place any reasonable restrictions upon the child, the
child's parents, guardian, or custodian, or any other person,
including, but not limited to, any of the following: (1) Order a party, within forty-eight hours after the
issuance of the order, to vacate the child's home indefinitely or
for a specified period of time; (2) Order a party, a parent of the child, or a physical
custodian of the child to prevent any particular person from
having contact with the child; (3) Issue an order restraining or otherwise controlling
the conduct of any person which conduct would not be in the best
interest of the child. (D) As part of its dispositional order, the court shall
journalize a case plan for the child. The journalized case plan
shall not be changed except as provided in section 2151.412 of
the Revised Code. (E)(1) The court shall retain jurisdiction over any child
for whom the court issues an order of disposition pursuant to
division (A) of this section or pursuant to section 2151.414 or
2151.415 of the Revised Code until the child attains the age of
eighteen years if the child is not mentally
retarded, developmentally disabled, or physically impaired,
the child attains the age of twenty-one years if the child is mentally
retarded, developmentally disabled, or
physically impaired, or the child is adopted and a final
decree of adoption is issued, except that the court may retain
jurisdiction over the child and continue any order of disposition
under division (A) of this section or under section 2151.414 or
2151.415 of the Revised Code for a specified period of time to
enable the child to graduate from high school or vocational
school. The court shall make an entry continuing its
jurisdiction under this division in the journal. (2) Any public children services agency, any private child
placing agency, the department of job and family
services, or any party,
other than any parent whose parental rights with respect to the
child have been terminated pursuant to an order issued under
division (A)(4) of this section, by filing a motion with the
court, may at any time request the court to modify or terminate
any order of disposition issued pursuant to division (A) of this
section or section 2151.414 or 2151.415 of the Revised Code. The
court shall hold a hearing upon the motion as if the hearing were
the original dispositional hearing and shall give all parties to
the action and the guardian ad litem notice of the hearing
pursuant to the Juvenile Rules. If applicable, the court shall comply with
section 2151.42 of the Revised Code. (F) Any temporary custody order issued pursuant to
division (A) of this section shall terminate one year after the
earlier of the date on which the complaint in the case was filed
or the child was first placed into shelter care, except that,
upon the filing of a motion pursuant to section 2151.415 of the
Revised Code, the temporary custody order shall continue and not
terminate until the court issues a dispositional order under that
section. (G)(1) No later than one year after the earlier of the date the
complaint in the case was filed or the child was first placed in shelter care,
a party may ask the court to extend an order for protective supervision for
six months or to terminate the order. A party requesting extension or
termination of the order shall file a written request for the extension or
termination with the court and give notice of the proposed extension or
termination in writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. If a public children services
agency or private child placing agency requests termination of the order, the
agency shall file a written status report setting out the facts supporting
termination of the order at the time it files the request with the court. If
no party requests extension or termination of the order, the court shall
notify the parties that the court will extend the order for six months or
terminate it and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall have seven
days from the date a notice is sent pursuant to this division to object to and
request a hearing on the proposed extension or termination. (a) If it receives a timely request for a hearing, the court
shall schedule a hearing to be held no later than thirty days after the
request is received by the court. The court shall give notice of the date,
time, and location of the hearing to all parties and the guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall extend the order for six months. (b) If it does not receive a timely request for a hearing, the
court may extend the order for six months or terminate it without a hearing
and shall journalize the order of extension or termination not later than
fourteen days after receiving the request for extension or termination or
after the date the court notifies the parties that it will extend or terminate
the order. If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the expiration
of the applicable fourteen-day time period and give notice of the date, time,
and location of the hearing to all parties and the child's guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall issue an order extending the order for
protective supervision six months. (2) If the court grants an extension of the order for protective
supervision pursuant to division (G)(1) of this section, a party may,
prior to termination of the extension, file with the court a request for an
additional extension of six months or for termination of the order. The court
and the parties shall comply with division (G)(1) of this section
with respect to extending or terminating the order. (3) If a court grants an extension pursuant to division (G)(2) of
this section, the court shall terminate the order for protective supervision
at the end of the extension. (H) The court shall not issue a dispositional order
pursuant to division (A) of this section that removes a child
from the child's home unless the court complies with section 2151.419 of
the
Revised Code and includes in
the dispositional order the findings of
fact required by that section. (I) If a motion or application for an order
described in division (A)(6) of this section is made,
the court shall not issue the order unless, prior to the issuance
of the order, it provides to the person all of the following: (1) Notice and a copy of the motion or application; (2) The grounds for the motion or application; (3) An opportunity to present evidence and witnesses at a
hearing regarding the motion or application; (4) An opportunity to be represented by counsel at the
hearing. (J) The jurisdiction of the court
shall terminate one year after the date of the award or, if the
court takes any further action in the matter subsequent to the
award, the date of the latest further action subsequent to the
award, if the court awards legal custody of a child to either of the
following: (1) A legal custodian who, at the time of the award of legal custody, resides
in a county of this state other than the county in which the court is located; (2) A legal custodian who resides in the county in which the court is located
at the time of the award of legal custody, but moves to a different county of
this state prior to one year after the date of the award or, if the court
takes any further action in the matter subsequent to the award, one year after
the date of the latest further action subsequent to the award. The court in the county in which the legal custodian resides then shall have
jurisdiction in the matter.
Sec. 2151.421. (A)(1)(a) No person described in division
(A)(1)(b) of this section who is acting in an
official or
professional capacity and knows or suspects that a child under
eighteen years of age or a mentally
retarded, developmentally
disabled, or physically impaired child under
twenty-one years of
age has suffered or faces a
threat of suffering any physical or
mental wound, injury,
disability, or condition of a nature that
reasonably indicates
abuse or neglect of the child, shall fail to
immediately report
that knowledge or suspicion
to the entity or
persons specified in this division. Except as provided in section
5120.173 of the Revised Code, the person making the report shall
make it to the public
children services agency or a municipal or
county peace officer in
the county in which the child resides or
in which the abuse or
neglect is occurring or has occurred.
In the
circumstances described in section 5120.173 of the Revised Code,
the person making the report shall make it to the entity specified
in that section. (b) Division (A)(1)(a)
of this section applies to any person
who is an attorney;
physician, including a hospital intern or
resident; dentist;
podiatrist; practitioner of a limited branch of
medicine
as specified in section 4731.15 of the Revised
Code;
registered nurse;
licensed practical nurse; visiting nurse; other
health care
professional; licensed psychologist; licensed school
psychologist; independent marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner;
administrator or employee of a child day-care center;
administrator or
employee of a residential camp or child day camp;
administrator or employee of a certified child care agency or
other public or private children services agency; school
teacher;
school employee; school authority; person engaged in
social work
or the practice of professional counseling; agent of a county humane society;
person rendering
spiritual treatment through prayer in
accordance with the tenets
of a well-recognized religion; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; or employee of the department of mental retardation and developmental disabilities. (2) An attorney or a physician is not required to make a
report
pursuant
to division (A)(1) of this section concerning any
communication
the attorney or physician
receives from a
client or
patient in an attorney-client or physician-patient
relationship,
if, in accordance with division (A) or (B)
of section
2317.02 of
the Revised Code, the attorney or physician could not
testify with
respect to that communication in a civil or criminal proceeding,
except that the client or patient is deemed to have waived any
testimonial
privilege under division (A) or (B) of section 2317.02
of the
Revised
Code with respect to that communication and the
attorney or physician
shall
make a report pursuant to division
(A)(1) of this section with
respect to that communication, if all
of the following apply: (a) The client or patient, at the time of the communication,
is
either a child under eighteen years of age or a
mentally
retarded, developmentally disabled, or
physically impaired person
under twenty-one
years of age. (b) The attorney or physician knows or suspects, as a result
of the
communication or any observations made during that
communication,
that the client or patient has suffered or faces a
threat of suffering
any
physical or mental wound, injury,
disability, or condition of a
nature that reasonably indicates
abuse or neglect of the client or
patient. (c) The attorney-client or physician-patient relationship
does not
arise out of
the client's or patient's attempt to have an
abortion without the
notification
of her parents, guardian, or
custodian in accordance with section
2151.85 of the Revised Code. (B)
Anyone,
who knows or suspects that a child under
eighteen
years of age or
a mentally
retarded, developmentally disabled, or
physically
impaired person
under twenty-one years of age has
suffered or
faces a
threat of suffering any physical or mental
wound, injury,
disability, or other condition of a nature that
reasonably
indicates abuse or neglect of the child may report or
cause
reports to be made of that knowledge or suspicion
to the
entity or persons specified in this division. Except as provided
in section 5120.173 of the Revised Code, a person making a report
or causing a report to be made under this division shall make it
or cause it to be made to the public
children services agency or
to a municipal
or
county peace
officer.
In the circumstances
described in section 5120.173 of the Revised Code, a person making
a report or causing a report to be made under this division shall
make it or cause it to be made to the entity specified in that
section. (C) Any report made pursuant to division (A) or (B) of
this
section shall be made forthwith either by telephone or in person
and shall be followed by a written report, if requested
by the
receiving agency or officer. The written report shall
contain: (1) The names and addresses of the child and the child's
parents
or the person or persons having custody of the child, if
known; (2) The child's age and the nature and extent of the
child's
known or suspected injuries, abuse, or neglect or of the
known or
suspected threat of injury, abuse, or neglect, including
any
evidence of previous injuries, abuse, or neglect; (3) Any other information that might be helpful in
establishing the cause of the known or suspected injury, abuse,
or
neglect or of the known or suspected threat of injury, abuse,
or
neglect. Any person, who is required by division (A) of this section
to report known or suspected child abuse or child neglect, may
take or cause to be taken color photographs of areas of trauma
visible on a child and, if medically indicated, cause to be
performed radiological examinations of the child. (D)(1)
When a municipal or county peace
officer receives a report concerning the possible
abuse or neglect
of a child or the possible threat of abuse or
neglect of a child,
upon receipt of the report, the municipal or county peace officer
who
receives the report shall refer the report to the appropriate
public children services
agency. (2)
When a public children services agency
receives a report pursuant to this
division or
division (A) or
(B)
of this section,
upon receipt of the report, the public
children
services
agency shall comply with section 2151.422 of
the Revised
Code. (E) No township, municipal, or county peace officer shall
remove a child
about whom a report is made pursuant to this
section from the child's parents,
stepparents, or guardian or any
other persons having custody of the child
without consultation
with the
public children services agency, unless,
in
the judgment
of the officer, and, if the
report was made by physician, the
physician,
immediate removal is considered essential to protect
the child
from further abuse or neglect.
The agency that
must be
consulted shall be the agency conducting the
investigation of the
report as determined pursuant to section
2151.422 of the Revised
Code. (F)(1) Except as
provided in section 2151.422 of the Revised
Code, the public
children
services agency shall investigate,
within twenty-four
hours, each
report of known or suspected child
abuse or child neglect and of
a known or suspected threat of child
abuse or child neglect that
is referred to it under this section
to determine the
circumstances surrounding the injuries, abuse, or
neglect or the
threat of injury, abuse, or neglect, the cause of
the injuries,
abuse, neglect, or threat, and the person or persons
responsible.
The investigation shall be made in cooperation with
the law
enforcement agency and in accordance with the memorandum
of understanding
prepared under
division (J) of this section. A A representative of the public children services agency shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person. The information shall be given in a manner that is consistent with division (H)(1) of this section and protects the rights of the person making the report under this section. A
failure to make the investigation in accordance with the
memorandum is
not grounds for, and shall not result in,
the
dismissal of any charges or complaint arising from the report or
the suppression of any evidence obtained as a result of the
report
and does not give, and shall not be construed as giving,
any
rights or any grounds for appeal or post-conviction relief to
any
person. The public
children
services agency shall report each
case to a central
registry which
the department of job and family
services
shall maintain in order to
determine whether prior
reports have been made in other counties
concerning the child or
other principals in the case. The
public children services agency
shall submit a report of its
investigation,
in writing, to the law
enforcement agency. (2) The public children
services agency shall make any
recommendations to the
county
prosecuting attorney or city
director of law that it considers
necessary to protect any
children that are brought to its
attention. (G)(1)(a) Except as provided in division (H)(3) of this
section, anyone or any hospital, institution, school, health
department, or agency participating in the making of reports
under
division (A) of this section, anyone or any hospital,
institution,
school, health department, or agency participating
in good faith
in the making of reports under division (B) of this
section, and
anyone participating in good faith in a judicial
proceeding
resulting from the reports, shall be immune from any
civil or
criminal liability for injury, death, or loss to person
or
property that otherwise might be incurred or imposed as a
result
of the making of the reports or the participation in the
judicial
proceeding. (b) Notwithstanding section 4731.22 of the
Revised Code, the
physician-patient privilege shall not be a
ground for excluding
evidence regarding a child's injuries,
abuse, or neglect, or the
cause of the injuries, abuse, or
neglect in any judicial
proceeding resulting from a report
submitted pursuant to this
section. (2) In any civil or criminal action or proceeding in which
it is alleged and proved that participation in the making of a
report under this section was not in good faith or participation
in a judicial proceeding resulting from a report made under this
section was not in good faith, the court shall award the
prevailing party reasonable attorney's fees and costs and, if a
civil action or proceeding is voluntarily dismissed, may award
reasonable attorney's fees and costs to the party against whom
the
civil action or proceeding is brought. (H)(1) Except as provided in divisions (H)(4) and
(M)
of this
section, a report made under this section is confidential.
The information provided in a report made pursuant to this
section
and the name of the person who made the report shall not
be
released for use, and shall not be used, as evidence in any
civil
action or proceeding brought against the person who made
the
report. In a criminal proceeding, the report is admissible
in
evidence in accordance with the Rules of Evidence and is
subject
to discovery in accordance with the Rules of Criminal
Procedure. (2) No person shall permit or encourage the unauthorized
dissemination of the contents of any report made under this
section. (3) A person who knowingly makes or causes another person
to
make a false report under division (B) of this section that
alleges that any person has committed an act or omission that
resulted in a child being an abused child or a neglected child is
guilty of a violation of section 2921.14 of the Revised Code. (4) If a report is made pursuant to division (A) or
(B) of
this section and the child who is the subject of the report
dies
for any reason at any time after the report is made, but before
the child
attains eighteen years of age, the public
children
services agency or municipal or county peace officer to which the
report was made or referred, on the request of the child fatality
review
board,
shall submit a summary sheet of information
providing a summary of the
report to the review board of the
county in which the deceased
child resided at the time of death.
On the request of the review
board, the agency or peace officer
may, at its discretion, make
the report available to the review
board. (5) A public children services agency shall advise
a person
alleged to have inflicted abuse or neglect on a child
who is the
subject of a report made pursuant to this section in writing
of
the
disposition of the investigation. The agency shall not
provide to the person
any information that identifies the
person
who made the report, statements of witnesses, or police or other
investigative reports. (I) Any report that is required by this section, other than
a report that is made to the state highway patrol as described in
section 5120.173 of the Revised Code, shall
result
in protective
services and emergency supportive services
being
made available by
the public children services
agency on behalf of
the children
about whom
the report is made, in an effort to
prevent further
neglect or
abuse, to enhance their welfare, and,
whenever
possible, to
preserve the family unit intact.
The agency
required
to provide the services shall be the agency conducting
the
investigation of the report pursuant to section 2151.422 of
the
Revised
Code. (J)(1) Each public children services agency shall prepare
a
memorandum of understanding that is signed by all of the
following: (a) If there is
only one juvenile judge in the county, the
juvenile judge of the
county or the juvenile judge's
representative; (b) If there is more than
one juvenile
judge in the county,
a juvenile judge or the
juvenile judges' representative selected
by the juvenile judges
or, if they are unable to do so for any
reason, the juvenile judge who is
senior in point of
service or
the senior juvenile judge's representative; (c) The county
peace officer; (d) All
chief municipal peace officers within the county; (e) Other law enforcement officers handling child abuse and
neglect cases in the county; (f) The prosecuting
attorney of the county; (g) If the public children services agency is not the county
department of
job and family services, the county department of
job and family services; (h) The county humane society. (2) A memorandum of understanding shall set forth the normal
operating procedure to be employed by
all concerned officials in
the execution of their respective
responsibilities under this
section and division (C) of section
2919.21, division (B)(1) of
section 2919.22, division (B) of
section 2919.23, and section
2919.24 of the Revised Code and
shall have as two of its primary
goals the elimination of all
unnecessary interviews of children
who are the subject of reports
made pursuant to division (A) or
(B) of this section and, when
feasible, providing for only one
interview of a child who is the
subject of any report made
pursuant to division (A) or (B) of
this section. A failure to
follow the procedure set forth in the
memorandum by
the concerned
officials is not grounds for, and shall not result in, the
dismissal of any charges or complaint arising from any reported
case of abuse or neglect or the suppression of any evidence
obtained as a result of any reported child abuse or child neglect
and does not give, and shall not be construed as giving, any
rights or any grounds for appeal or post-conviction relief to any
person. (3) A memorandum of understanding shall include all of the
following: (a) The roles
and responsibilities for handling emergency
and
nonemergency cases of abuse and neglect; (b) Standards and procedures to be used in handling and
coordinating investigations of reported cases of child abuse and
reported cases of child neglect, methods to be used in
interviewing the child who is the subject of the report and who
allegedly was abused or neglected, and standards and procedures
addressing the categories of persons who may interview the child
who is the subject of the report and who allegedly was abused or
neglected. (K)(1) Except as provided in division
(K)(4) of this
section, a person who is required to make
a report pursuant to
division (A) of this section may
make a reasonable number of
requests of the public children services
agency that receives or
is
referred the report to be provided with
the following
information: (a) Whether the agency has initiated an
investigation of the
report; (b) Whether the agency is continuing to
investigate the
report; (c) Whether the agency is otherwise
involved
with the child
who is the subject of the report; (d) The general status of the health and safety of the
child
who is the subject of the report; (e) Whether the report has resulted in the filing of a
complaint in juvenile court or of criminal charges in another
court. (2) A person may request the information specified in
division (K)(1) of this
section only if, at the time the report is
made, the person's name, address,
and telephone number are
provided to the person who receives the report. When a municipal or county peace officer or employee of a
public children services
agency
receives a report pursuant to
division (A) or
(B) of this section the recipient of the report
shall inform the person of the
right to request the
information
described in division (K)(1) of this section. The recipient of
the report shall include in the initial child abuse or child
neglect
report that the person making the report was so informed
and, if
provided at the time of the making of the report, shall
include
the person's name, address, and telephone number in the
report. Each request is subject to verification of the identity of
the person making
the
report. If that person's
identity is
verified, the agency shall
provide the person with
the information
described in division (K)(1) of this section
a reasonable number
of times, except that the agency shall not disclose
any
confidential information
regarding the child who is the subject of
the report other than
the information described in those
divisions. (3) A request made pursuant to division (K)(1) of this
section is not a
substitute for any report required to be made
pursuant to division (A) of this
section. (4) If an agency other than the agency that
received or was
referred the report is conducting the
investigation of the report
pursuant to section 2151.422 of the
Revised
Code, the agency
conducting the
investigation shall comply with the requirements of
division
(K) of this section. (L) The director of job and
family services shall
adopt
rules in accordance
with Chapter 119. of the Revised Code to
implement this section. The department of job and family services
may
enter into a
plan of cooperation with
any other governmental
entity to aid in ensuring that children
are protected from abuse
and neglect. The department shall make
recommendations to the
attorney general that the department
determines are necessary to
protect children from child abuse and
child neglect. (M)(1) As used in this division:
(a) "Out-of-home care" includes a nonchartered nonpublic school if the alleged child abuse or child neglect, or alleged threat of child abuse or child neglect, described in a report received by a public children services agency allegedly occurred in or involved the nonchartered nonpublic school and the alleged perpetrator named in the report holds a certificate, permit, or license issued by the state board of education under section 3301.071 or Chapter 3319. of the Revised Code.
(b) "Administrator, director, or other chief administrative officer" means the superintendent of the school district if the out-of-home care entity subject to a report made pursuant to this section is a school operated by the district.
(2) No later than the end of the day
following the day on
which a public children services agency
receives a report of
alleged child abuse or child
neglect, or a report of an alleged
threat of child abuse or child
neglect, that allegedly occurred in
or involved an out-of-home
care entity, the agency shall provide
written notice
of the allegations contained in and the person
named as the alleged
perpetrator in the report to the
administrator, director, or other chief
administrative officer of
the out-of-home care entity that is the
subject of the report
unless the administrator, director, or
other chief administrative
officer is named as an alleged
perpetrator in the report. If the
administrator, director, or
other chief administrative officer of
an out-of-home care entity
is named as an alleged perpetrator in a
report of alleged child
abuse or child neglect, or a report of an
alleged threat of child
abuse or child neglect, that allegedly
occurred in or involved
the out-of-home care entity, the agency
shall provide the written notice
to
the owner or governing board
of the out-of-home care entity that
is the subject of the report.
The agency
shall not provide
witness statements or police or other
investigative reports. (3) No later than three days after the day on
which a public
children services agency that
conducted the investigation as
determined pursuant to section 2151.422
of the Revised Code makes
a
disposition of an investigation involving a report of alleged
child abuse or child neglect, or a report of an alleged threat of
child abuse or child neglect, that allegedly occurred in or
involved an out-of-home care entity, the
agency
shall send written
notice of the disposition of the
investigation to the
administrator, director, or other chief
administrative officer and
the owner or governing board of the
out-of-home care entity. The
agency shall
not provide witness
statements or police or other
investigative reports.
Sec. 2152.021. (A)(1) Subject to division (A)(2) of
this
section, any person having knowledge of a child who
appears to be
a juvenile traffic offender or to be a delinquent
child may file a
sworn complaint with respect to that child in the juvenile
court
of the county in which the child has a residence or legal
settlement or
in which the traffic offense or delinquent act
allegedly occurred. The sworn
complaint may be upon information
and belief, and, in addition to
the allegation that the child is a
delinquent child or a juvenile
traffic offender, the complaint
shall allege the particular facts
upon which the allegation that
the child is a delinquent child or
a juvenile traffic offender is
based. If a child appears to be a delinquent child who is eligible
for a
serious youthful offender dispositional sentence under
section 2152.11
of the Revised Code and if the prosecuting
attorney
desires to
seek a serious youthful offender dispositional
sentence under section 2152.13
of the
Revised Code in regard to
the
child, the prosecuting attorney of the county in
which the
alleged
delinquency occurs may initiate a case in the juvenile
court of
the county by presenting the case to a grand jury for
indictment,
by charging the child
in a bill of information as a
serious youthful offender
pursuant to section 2152.13 of the
Revised
Code, by requesting a serious
youthful offender
dispositional sentence in the original complaint alleging
that the
child is a
delinquent child, or by filing with the juvenile court
a written notice of
intent to seek a serious
youthful offender
dispositional sentence. (2) Any person having knowledge of a child who appears to be
a
delinquent child for being an habitual or chronic truant may
file a sworn
complaint with respect to
that child and the parent,
guardian, or other person having care
of the child in the juvenile
court of the county in which the
child has a residence or legal
settlement or in which the child is
supposed to attend public
school. The sworn complaint may be upon
information and belief and
shall contain the following
allegations: (a) That the child is a delinquent child for being a chronic
truant or an habitual truant who previously has been adjudicated
an unruly
child for being a habitual
truant and, in addition, the
particular facts upon which that
allegation is based; (b) That the parent, guardian, or other person having care of
the
child has failed to cause the child's attendance at school in
violation
of section 3321.38 of the Revised Code and, in addition,
the particular facts upon which that allegation is based. (B) Any person with standing under applicable law may file a
complaint for the determination of any other matter over which the
juvenile
court is given jurisdiction by section 2151.23 of
the
Revised Code. The complaint shall be filed in the
county in
which
the child who is the subject of the complaint is found or was last
known to be found. (C) Within ten days after the filing of a complaint or the
issuance of an indictment, the court
shall give written notice of
the filing of the complaint or the issuance of an
indictment and
of the substance of the complaint or indictment to the
superintendent of a city,
local, exempted village, or joint
vocational school district if
the complaint or indictment alleges
that a child committed an act that would
be
a criminal offense if
committed by an adult, that the child was
sixteen years of age or
older at the time of the commission of the
alleged act, and that
the alleged act is any of the following: (1) A violation of section 2923.122 of the Revised Code
that
relates to property owned or controlled by, or to an activity held
under
the auspices of, the board of education of that school
district; (2) A violation of section 2923.12 of the Revised Code,
of a
substantially similar municipal ordinance, or of section 2925.03
of the
Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of
education of that school district; (3) A violation of section 2925.11 of the Revised Code
that
was
committed on property owned or controlled by, or at an
activity held under the
auspices of, the board of education of
that school district, other than a
violation of that section that
would be a minor drug possession
offense if
committed by an adult; (4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.11, 2903.12, 2907.02, or 2907.05 of the Revised
Code,
or a
violation of former section 2907.12 of the Revised
Code,
that was
committed on property owned or controlled by, or at
an activity held under the auspices of, the board of education of
that school
district, if the victim at the time of the commission
of the
alleged act was an employee of the board of education of
that
school district; (5) Complicity in any violation described in division
(C)(1),
(2), (3), or (4) of this section that was alleged to have
been committed
in the manner described in division (C)(1), (2),
(3), or
(4) of this section, regardless of whether the act of
complicity was committed
on property
owned or controlled by, or at
an activity held under the auspices of, the
board of education
of
that school district. (D) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is
not
subject to the requirements of section 3109.27 3127.23 of the
Revised
Code. (E) For purposes of the record to be maintained by the clerk
under division (B) of section 2152.71 of the Revised
Code, when a
complaint is filed that alleges that a child is a delinquent
child, the court shall determine if the victim of the alleged
delinquent act was sixty-five years of age or older or permanently
and totally disabled at the time of the alleged commission of the
act.
Sec. 3109.04. (A) In any divorce, legal separation, or
annulment proceeding and in any proceeding pertaining to the
allocation of parental rights and responsibilities for the care
of
a child, upon hearing the testimony of either or both parents
and
considering any mediation report filed pursuant to section
3109.052 of the Revised Code and in accordance with sections
3109.21 to 3109.36 3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the
minor
children of the marriage. Subject to division (D)(2) of
this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways: (1) If neither parent files a pleading or motion in
accordance with division (G) of this section, if at least one
parent files a pleading or motion under that division but no
parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent
files
both a pleading or motion and a shared parenting plan under
that
division but no plan for shared parenting is in the best
interest
of the children, the court, in a manner consistent with
the best
interest of the children, shall allocate the parental
rights and
responsibilities for the care of the children
primarily to one of
the parents, designate that parent as the
residential parent and
the legal custodian of the child, and
divide between the parents
the other rights and responsibilities
for the care of the
children, including, but not limited to, the
responsibility to
provide support for the children and the right
of the parent who
is not the residential parent to have
continuing contact with the
children. (2) If at least one parent files a pleading or motion in
accordance with division (G) of this section and a plan for
shared
parenting pursuant to that division and if a plan for
shared
parenting is in the best interest of the children and is
approved
by the court in accordance with division (D)(1) of this
section,
the court may allocate the parental rights and
responsibilities
for the care of the children to both parents and
issue a shared
parenting order requiring the parents to share all
or some of the
aspects of the physical and legal care of the
children in
accordance with the approved plan for shared
parenting. If the
court issues a shared parenting order under
this division and it
is necessary for the purpose of receiving
public assistance, the
court shall designate which one of the
parents' residences is to
serve as the child's home. The child
support obligations of the
parents under a shared parenting order
issued under this division
shall be determined in accordance with
Chapters 3119., 3121.,
3123.,
and 3125. of the Revised Code. (B)(1) When making the allocation of the parental rights
and
responsibilities for the care of the children under this
section
in an original proceeding or in any proceeding for
modification of
a prior order of the court making the allocation,
the court shall
take into account that which would be in the best
interest of the
children. In determining the child's best
interest for purposes
of making its allocation of the parental
rights and
responsibilities for the care of the child and for
purposes of
resolving any issues related to the making of that
allocation, the
court, in its discretion, may and, upon the
request of either
party, shall interview in chambers any or all
of the involved
children regarding their wishes and concerns with
respect to the
allocation. (2) If the court interviews any child pursuant to division
(B)(1) of this section, all of the following apply: (a) The court, in its discretion, may and, upon the motion
of either parent, shall appoint a guardian ad litem for the
child. (b) The court first shall determine the reasoning ability
of
the child. If the court determines that the child does not
have
sufficient reasoning ability to express the child's
wishes and
concern with respect to the allocation of parental rights and
responsibilities for the care of the child, it shall not
determine
the child's wishes and concerns with respect to the
allocation.
If the court determines that the child has
sufficient reasoning
ability to express the child's wishes
or concerns
with respect to
the allocation, it then shall determine whether,
because of
special circumstances, it would not be in the best
interest of the
child to determine the child's wishes and
concerns with respect to
the allocation. If the court determines
that, because of special
circumstances, it would not be in the
best interest of the child
to determine the child's wishes and
concerns with respect to the
allocation, it shall not determine
the child's wishes and concerns
with respect to the allocation
and shall enter its written
findings of fact and opinion in the
journal. If the court
determines that it would be in the best
interests of the child to
determine the child's wishes and
concerns with respect to the
allocation, it shall proceed to make
that determination. (c) The interview shall be conducted in chambers, and no
person other than the child, the child's attorney, the judge, any
necessary court personnel, and, in the judge's discretion, the
attorney of each parent shall be permitted to be present in the
chambers during the interview. (3) No person shall obtain or attempt to obtain from a
child
a written or recorded statement or affidavit setting forth
the
child's wishes and concerns regarding the allocation of
parental
rights and responsibilities concerning the child. No
court, in
determining the child's best interest for purposes of
making its
allocation of the parental rights and responsibilities
for the
care of the child or for purposes of resolving any issues
related
to the making of that allocation, shall accept or
consider a
written or recorded statement or affidavit that
purports to set
forth the child's wishes and concerns regarding
those matters. (C) Prior to trial, the court may cause an investigation
to
be made as to the character, family relations, past conduct,
earning ability, and financial worth of each parent and may order
the parents and their minor children to submit to medical,
psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either
parent or the parent's counsel of record not less than five
days
before
trial, upon written request. The report shall be signed by
the
investigator, and the investigator shall be subject to
cross-examination by either parent concerning the contents of the
report. The court may tax as costs all or any part of the
expenses for each investigation. If the court determines that either parent previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be
the
perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is
reason to believe that either parent has acted in a manner
resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential
parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the care
of children or determines whether to grant shared parenting in
any
proceeding, it shall consider whether either parent has been
convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code involving a victim who at the time of the
commission of the offense was a member of the family or household
that is the subject of the proceeding, has been convicted of or
pleaded guilty to any other offense involving a victim who at the
time of the commission of the offense was a member of the family
or household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child.
If the court determines that either parent has been convicted of
or pleaded guilty to a violation of section 2919.25 of the
Revised
Code involving a victim who at the time of the commission
of the
offense was a member of the family or household that is
the
subject of the proceeding, has been convicted of or pleaded
guilty
to any other offense involving a victim who at the time of
the
commission of the offense was a member of the family or
household
that is the subject of the proceeding and caused
physical harm to
the victim in the commission of the offense, or
has been
determined to be the perpetrator of the abusive act that
is the
basis of an adjudication that a child is an abused child,
it may
designate that parent as the residential parent and may
issue a
shared parenting decree or order only if it determines
that it is
in the best interest of the child to name that parent
the
residential parent or to issue a shared parenting decree or
order
and it makes specific written findings of fact to support
its
determination. (D)(1)(a) Upon the filing of a pleading or motion by
either
parent or both parents, in accordance with division (G) of
this
section, requesting shared parenting and the filing of a
shared
parenting plan in accordance with that division, the court
shall
comply with division (D)(1)(a)(i), (ii), or (iii) of this
section,
whichever is applicable: (i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the
plan, the court shall review the parents' plan to determine if it
is in the best interest of the children. If the court determines
that the plan is in the best interest of the children, the court
shall approve it. If the court determines that the plan or any
part of the plan is not in the best interest of the children, the
court shall require the parents to make appropriate changes to
the
plan to meet the court's objections to it. If changes to the
plan
are made to meet the court's objections, and if the new plan
is in
the best interest of the children, the court shall approve
the
plan. If changes to the plan are not made to meet the
court's
objections, or if the parents attempt to make changes to
the plan
to meet the court's objections, but the court determines
that the
new plan or any part of the new plan still is not in the
best
interest of the children, the court may reject the portion
of the
parents' pleadings or deny their motion requesting shared
parenting of the children and proceed as if the request in the
pleadings or the motion had not been made. The court shall not
approve a plan under this division unless it determines that the
plan is in the best interest of the children. (ii) If each parent makes a request in the parent's
pleadings or
files a motion and each also files a separate plan,
the
court shall review each plan filed to determine if either is
in
the best interest of the children. If the court determines
that
one of the filed plans is in the best interest of the
children,
the court may approve the plan. If the court determines
that
neither filed plan is in the best interest of the children,
the
court may order each parent to submit appropriate changes to
the parent's plan or both of the filed plans to meet the court's
objections, or may select one of the filed plans and order each
parent to submit appropriate changes to the selected plan to meet
the court's objections. If changes to the plan or plans are
submitted to meet the court's objections, and if any of the filed
plans with the changes is in the best interest of the children,
the court may approve the plan with the changes. If changes to
the plan or plans are not submitted to meet the court's
objections, or if the parents submit changes to the plan or plans
to meet the court's objections but the court determines that none
of the filed plans with the submitted changes is in the best
interest of the children, the court may reject the portion of the
parents' pleadings or deny their motions requesting shared
parenting of the children and proceed as if the requests in the
pleadings or the motions had not been made. If the court
approves
a plan under this division, either as originally filed
or with
submitted changes, or if the court rejects the portion of
the
parents' pleadings or denies their motions requesting shared
parenting under this division and proceeds as if the requests in
the pleadings or the motions had not been made, the court shall
enter in the record of the case findings of fact and conclusions
of law as to the reasons for the approval or the rejection or
denial. Division (D)(1)(b) of this section applies in relation
to
the approval or disapproval of a plan under this division. (iii) If each parent makes a request in the parent's
pleadings or
files a motion but only one parent files a plan, or
if
only
one parent makes a request in the parent's pleadings or
files a motion and
also files a plan, the court in the best
interest of the children
may order the other parent to file a plan
for shared parenting in
accordance with division (G) of this
section. The court shall
review each plan filed to determine if
any plan is in the best
interest of the children. If the court
determines that one of
the filed plans is in the best interest of
the children, the
court may approve the plan. If the court
determines that no
filed plan is in the best interest of the
children, the court may
order each parent to submit appropriate
changes to the
parent's plan
or both of the filed plans to meet
the court's objections or may
select one filed plan and order each
parent to submit appropriate
changes to the selected plan to meet
the court's objections. If
changes to the plan or plans are
submitted to meet the court's
objections, and if any of the filed
plans with the changes is in
the best interest of the children,
the court may approve the plan
with the changes. If changes to
the plan or plans are not
submitted to meet the court's
objections, or if the parents
submit changes to the plan or plans
to meet the court's
objections but the court determines that none
of the filed plans
with the submitted changes is in the best
interest of the
children, the court may reject the portion of the
parents'
pleadings or deny the parents' motion or reject the
portion of
the parents' pleadings or deny their motions requesting
shared
parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the
court
approves a plan under this division, either as originally
filed or
with submitted changes, or if the court rejects the
portion of the
pleadings or denies the motion or motions
requesting shared
parenting under this division and proceeds as
if the request or
requests or the motion or motions had not been
made, the court
shall enter in the record of the case findings of
fact and
conclusions of law as to the reasons for the approval or
the
rejection or denial. Division (D)(1)(b) of this section
applies
in relation to the approval or disapproval of a plan
under this
division. (b) The approval of a plan under division (D)(1)(a)(ii) or
(iii) of this section is discretionary with the court. The court
shall not approve more than one plan under either division and
shall not approve a plan under either division unless it
determines that the plan is in the best interest of the children.
If the court, under either division, does not determine that any
filed plan or any filed plan with submitted changes is in the
best
interest of the children, the court shall not approve any
plan. (c) Whenever possible, the court shall require that a
shared
parenting plan approved under division (D)(1)(a)(i), (ii),
or
(iii) of this section ensure the opportunity for both parents
to
have frequent and continuing contact with the child, unless
frequent and continuing contact with any parent would not be in
the best interest of the child. (d) If a court approves a shared parenting plan under
division (D)(1)(a)(i), (ii), or (iii) of this section, the
approved plan shall be incorporated into a final shared parenting
decree granting the parents the shared parenting of the children.
Any final shared parenting decree shall be issued at the same
time
as and shall be appended to the final decree of dissolution,
divorce, annulment, or legal separation arising out of the action
out of which the question of the allocation of parental rights
and
responsibilities for the care of the children arose. No provisional shared parenting decree shall be issued in
relation to any shared parenting plan approved under division
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared
parenting decree issued under this division has immediate effect
as a final decree on the date of its issuance, subject to
modification or termination as authorized by this section. (2) If the court finds, with respect to any child under
eighteen years of age, that it is in the best interest of the
child for neither parent to be designated the residential parent
and legal custodian of the child, it may commit the child to a
relative of the child or certify a copy of its findings, together
with as much of the record and the further information, in
narrative form or otherwise, that it considers necessary or as
the
juvenile court requests, to the juvenile court for further
proceedings, and, upon the certification, the juvenile court has
exclusive jurisdiction. (E)(1)(a) The court shall not modify a prior decree
allocating parental rights and responsibilities for the care of
children unless it finds, based on facts that have arisen since
the prior decree or that were unknown to the court at the time of
the prior decree, that a change has occurred in the circumstances
of the child, the child's residential parent, or either of
the
parents
subject to a shared parenting decree, and that the
modification
is necessary to serve the best interest of the child.
In
applying these standards, the court shall retain the
residential
parent designated by the prior decree or the prior
shared
parenting decree, unless a modification is in the best
interest
of the child and one of the following applies: (i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting
decree
agree to a change in the designation of residential parent. (ii) The child, with the consent of the residential parent
or of both parents under a shared parenting decree, has been
integrated into the family of the person seeking to become the
residential parent. (iii) The harm likely to be caused by a change of
environment is outweighed by the advantages of the change of
environment to the child. (b) One or both of the parents under a prior decree
allocating parental rights and responsibilities for the care of
children that is not a shared parenting decree may file a motion
requesting that the prior decree be modified to give both parents
shared rights and responsibilities for the care of the children.
The motion shall include both a request for modification of the
prior decree and a request for a shared parenting order that
complies with division (G) of this section. Upon the filing of
the motion, if the court determines that a modification of the
prior decree is authorized under division (E)(1)(a) of this
section, the court may modify the prior decree to grant a shared
parenting order, provided that the court shall not modify the
prior decree to grant a shared parenting order unless the court
complies with divisions (A) and (D)(1) of this section and, in
accordance with those divisions, approves the submitted shared
parenting plan and determines that shared parenting would be in
the best interest of the children. (2) In addition to a modification authorized under
division
(E)(1) of this section: (a) Both parents under a shared parenting decree jointly
may
modify the terms of the plan for shared parenting approved by
the
court and incorporated by it into the shared parenting
decree.
Modifications under this division may be made
at any time. The
modifications to the plan shall be filed
jointly by both parents
with the court, and the court shall
include them in the plan,
unless they are not in the best
interest of the children. If the
modifications are not in the best interests
of the children, the
court, in its discretion, may reject the
modifications or make
modifications to the proposed modifications or the plan
that are
in the best interest of the children. Modifications jointly
submitted by both parents under a shared parenting decree shall be
effective,
either as originally filed
or as modified by the court,
upon their
inclusion by the court in the plan. Modifications to
the plan made by the
court shall be effective upon their inclusion
by the court in the plan. (b) The court may modify the terms of the plan for shared
parenting approved by the court and incorporated by it into the
shared parenting decree upon its own motion at any time if the
court
determines that the modifications are in the best interest
of the children or
upon the request of one or both of the
parents
under the decree. Modifications under this division may
be made
at any time. The court shall not make any
modification to the
plan under this division, unless the
modification is in the best
interest of the children. (c) The court may terminate a prior final shared parenting
decree that includes a shared parenting plan approved under
division (D)(1)(a)(i) of this section upon the request of one or
both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court
may terminate a prior final shared parenting decree that includes
a shared parenting plan approved under division (D)(1)(a)(ii) or
(iii) of this section if it determines, upon its own motion or
upon the request of one or both parents, that shared parenting is
not in the best interest of the children. If modification of the
terms of the plan for shared parenting approved by the court and
incorporated by it into the final shared parenting decree is
attempted under division (E)(2)(a) of this section and the court
rejects the modifications, it may terminate the final shared
parenting decree if it determines that shared parenting is not in
the best interest of the children. (d) Upon the termination of a prior final shared
parenting
decree under division (E)(2)(c) of this section,
the court shall
proceed and issue a modified decree for the
allocation of parental
rights and responsibilities for the care
of the children under the
standards applicable under divisions
(A), (B), and (C) of this
section as if no decree for shared
parenting had been granted and
as if no request for shared
parenting ever had been made. (F)(1) In determining the best interest of a child
pursuant
to this section, whether on an original decree
allocating parental
rights and responsibilities for the care of
children or a
modification of a decree allocating those rights
and
responsibilities, the court shall consider all relevant
factors,
including, but not limited to: (a) The wishes of the child's parents regarding the child's
care; (b) If the court has interviewed the child in chambers
pursuant to division (B) of this section regarding the child's
wishes and concerns as to the allocation of parental rights and
responsibilities concerning the child, the wishes and concerns of
the child, as expressed to the court; (c) The child's interaction and interrelationship with the
child's parents, siblings, and any other person who may
significantly
affect the child's best interest; (d) The child's adjustment to the child's home, school, and
community; (e) The mental and physical health of all persons involved
in the situation; (f) The parent more likely to honor and facilitate
court-approved parenting time rights or
visitation and
companionship rights; (g) Whether either parent has failed to make all child
support payments, including all arrearages, that are required of
that parent pursuant to a child support order under which that
parent is an obligor; (h) Whether either parent previously has been convicted of
or pleaded guilty to any criminal offense involving any act that
resulted in a child being an abused child or a neglected child;
whether either parent, in a case in which a child has been
adjudicated an abused child or a neglected child, previously has
been determined to be the perpetrator of the abusive or
neglectful
act that is the basis of an adjudication; whether
either parent
previously has been convicted of or pleaded guilty
to a violation
of section 2919.25 of the Revised Code involving a
victim who at
the time of the commission of the offense was a
member of the
family or household that is the subject of the
current proceeding;
whether either parent previously has been
convicted of or pleaded
guilty to any offense involving a victim
who at the time of the
commission of the offense was a member of
the family or household
that is the subject of the current
proceeding and caused physical
harm to the victim in the
commission of the offense; and whether
there is reason to believe
that either parent has acted in a
manner resulting in a child
being an abused child or a neglected
child; (i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to
parenting time
in
accordance with an order of the court; (j) Whether either parent has established a residence, or
is
planning to establish a residence, outside this state. (2) In determining whether shared parenting is in the best
interest of the children, the court shall consider all relevant
factors, including, but not limited to, the factors enumerated in
division (F)(1) of this section, the factors enumerated in
section
3119.23
of the Revised Code, and all
of the following
factors: (a) The ability of the parents to cooperate and make
decisions jointly, with respect to the children; (b) The ability of each parent to encourage the sharing of
love, affection, and contact between the child and the other
parent; (c) Any history of, or potential for, child abuse, spouse
abuse, other domestic violence, or parental kidnapping by either
parent; (d) The geographic proximity of the parents to each other,
as the proximity relates to the practical considerations of
shared
parenting; (e) The recommendation of the guardian ad litem of the
child, if the child has a guardian ad litem. (3) When allocating parental rights and responsibilities
for
the care of children, the court shall not give preference to
a
parent because of that parent's financial status or condition. (G) Either parent or both parents of any children may file
a
pleading or motion with the court requesting the court to grant
both parents shared parental rights and responsibilities for the
care of the children in a proceeding held pursuant to division
(A)
of this section. If a pleading or motion requesting shared
parenting is filed, the parent or parents filing the pleading or
motion also shall file with the court a plan for the exercise of
shared parenting by both parents. If each parent files a
pleading
or motion requesting shared parenting but only one
parent files a
plan or if only one parent files a
pleading
or motion requesting
shared parenting and also files a plan, the
other parent as
ordered by the court shall file with the court a
plan for the
exercise of shared parenting by both parents. The
plan for shared
parenting shall be filed with the petition for
dissolution of
marriage, if the question of parental rights and
responsibilities
for the care of the children arises out of an
action for
dissolution of marriage, or, in other cases, at a time
at least
thirty days prior to the hearing on the issue of the
parental
rights and responsibilities for the care of the
children. A plan
for shared parenting shall include provisions
covering all factors
that are relevant to the care of the
children, including, but not
limited to, provisions covering
factors such as physical living
arrangements, child support
obligations, provision for the
children's medical and dental
care, school placement, and the
parent with which the children will be
physically located during
legal holidays, school holidays, and other days of
special
importance. (H) If an appeal is taken from a decision of a court that
grants or modifies a decree allocating parental rights and
responsibilities for the care of children, the court of appeals
shall give the case calendar priority and handle it
expeditiously. (I) As used in this section, "abused child" has the same
meaning as in section 2151.031 of the Revised Code, and
"neglected
child" has the same meaning as in section 2151.03 of
the Revised
Code. (J) As used in the Revised Code, "shared parenting" means
that the parents share, in the manner set forth in the plan for
shared parenting that is approved by the court under division
(D)(1) and described in division (K)(6) of this section, all or
some of the
aspects of physical
and legal care of their children. (K) For purposes of the Revised Code: (1) A parent who is granted the care, custody, and control
of a child under an order that was issued pursuant to this
section
prior to April 11, 1991, and that does not provide for
shared
parenting has "custody of the child" and "care, custody,
and
control of the child" under the order, and is the
"residential
parent," the "residential parent and legal
custodian," or the
"custodial parent" of the child under the
order. (2) A parent who primarily is allocated the parental
rights
and responsibilities for the care of a child and who is
designated
as the residential parent and legal custodian of the
child under
an order that is issued pursuant to this section on
or after April
11, 1991, and that does not provide for shared
parenting has
"custody of the child" and "care, custody, and
control of the
child" under the order, and is the "residential
parent," the
"residential parent and legal custodian," or the
"custodial
parent" of the child under the order. (3) A parent who is not granted custody of a child under
an
order that was issued pursuant to this section prior to April
11,
1991, and that does not provide for shared parenting is the
"parent who is not the residential parent," the "parent who is
not
the residential parent and legal custodian," or the
"noncustodial
parent" of the child under the order. (4) A parent who is not primarily allocated the parental
rights and responsibilities for the care of a child and who is
not
designated as the residential parent and legal custodian of
the
child under an order that is issued pursuant to this section
on or
after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the
"parent who is not the residential parent and legal custodian,"
or
the "noncustodial parent" of the child under the order. (5) Unless the context clearly requires otherwise, if an
order is issued by a court pursuant to this section and the order
provides for shared parenting of a child, both parents have
"custody of the child" or "care, custody, and control of the
child" under the order, to the extent and in the manner specified
in the order. (6) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, if an order is issued
by a
court pursuant to this section and the order provides for
shared
parenting of a child, each parent, regardless of where the child
is
physically located or with whom the child is residing at a
particular point in
time, as specified in the order,
is the
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child. (7) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, a designation in the order of
a
parent as the residential parent for the purpose of determining
the school the
child attends, as the custodial parent for purposes
of claiming the child as a
dependent pursuant to section 152(e) of
the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A.
1, as amended, or as the residential parent for
purposes of
receiving public assistance pursuant to division (A)(2) of this
section, does not affect the designation pursuant to division
(K)(6) of this
section of each parent as the "residential parent,"
the "residential parent
and legal custodian," or the "custodial
parent" of the child.
Sec. 3127.01. (A) As used in the Revised Code, "uniform child custody jurisdiction and enforcement act" means the act addressing interstate recognition and enforcement of child custody orders adopted in 1997 by the national conference of commissioners on uniform state laws or any law substantially similar to the act adopted by another state.
(B) As used in sections 3127.01 to 3127.53 of the Revised Code:
(1) "Abandoned" means the parents of a child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that ninety-day period.
(2) "Child" means an individual who has not attained eighteen years of age.
(3) "Child custody determination" means a judgment, decree, or other order of a court that provides for legal custody, physical custody, parenting time, or visitation with respect to a child. "Child custody determination" includes an order that allocates parental rights and responsibilities. "Child custody determination" includes permanent, temporary, initial, and modification orders. "Child custody determination" does not include an order or the portion of an order relating to child support or other monetary obligations of an individual. (4) "Child custody proceeding" means a proceeding in which legal custody, physical custody, parenting time, or visitation with respect to a child is an issue. "Child custody proceeding" may include a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, parentage, termination of parental rights, or protection from domestic violence. "Child custody proceeding" does not include a proceeding regarding juvenile delinquency, contractual emancipation, or enforcement pursuant to sections 3127.31 to 3127.47 of the Revised Code. (5) "Commencement" means the filing of the first pleading in a proceeding.
(6) "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination.
(7) "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately preceding the commencement of a child custody proceeding and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period.
(8) "Initial determination" means the first child custody determination concerning a particular child.
(9) "Issuing court" means the court that makes a child custody determination for which enforcement is sought under sections 3127.01 to 3127.53 of the Revised Code.
(10) "Issuing state" means the state in which a child custody determination is made.
(11) "Modification" means a child custody determination that changes, replaces, supersedes, or is otherwise made after a determination concerning the same child, whether or not it is made by the court that made the previous determination.
(12) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(13) "Person acting as a parent" means a person, other than the child's parent, who meets both of the following criteria:
(a) The person has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence from the child, within one year immediately before the commencement of a child custody proceeding; and
(b) The person has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
(14) "Physical custody" means the physical care and supervision of a child.
(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(16) "Tribe" means an Indian tribe or Alaskan Native village that is recognized by federal or state law.
(17) "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Sec. 3127.02. Sections 3127.01 to 3127.53 of the Revised Code do not govern adoption proceedings or proceedings pertaining to the authorization of emergency medical care for a child.
Sec. 3127.03. (A) A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act, 25 U.S.C. 1901 et seq., is not subject to sections 3127.01 to 3127.53 of the Revised Code to the extent that the proceeding is governed by the Indian Child Welfare Act.
(B) A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying sections 3127.01 to 3127.53 of the Revised Code.
(C) A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code shall be recognized and enforced under sections 3127.31 to 3127.47 of the Revised Code.
Sec. 3127.04. (A) A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying sections 3127.01 to 3127.24 of the Revised Code.
(B) Except as otherwise provided in division (C) of this section, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of sections 3127.01 to 3127.53 of the Revised Code shall be recognized and enforced under sections 3127.31 to 3127.47 of the Revised Code.
(C) A court of this state need not apply sections 3127.01 to 3127.53 of the Revised Code if the law governing child custody determinations of a foreign country violates fundamental principles of human rights.
Sec. 3127.05. A child custody determination made by a court of this state with jurisdiction under sections 3127.01 to 3127.53 of the Revised Code binds all persons who have been served in accordance with the laws of this state, notified in accordance with section 3127.07 of the Revised Code, or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified.
Sec. 3109.37 3127.06. Upon the request of a party to a parenting child custody proceeding which that
raises a question of existence or exercise of jurisdiction under sections
3109.21 to 3109.36 3127.01 to 3127.53 of the Revised Code, the case question shall be given calendar
priority and handled expeditiously.
Sec. 3127.07. (A) Notice required for the exercise of jurisdiction over a person outside this state may be given in a manner prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, for service of process or by the law of the state in which the service is made. Notice shall be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective.
(B) Proof of service may be made in the manner prescribed by the Rules of Civil Procedure, or the Rules of Juvenile Procedure, as appropriate, or by the law of the state in which the service is made.
(C) Notice is not required if the person submits to the jurisdiction of the court.
Sec. 3127.08. (A) A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the child custody proceeding.
(B) A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable under the laws of that state.
(C) The immunity granted by division (A) of this section does not extend to civil litigation based on acts unrelated to the participation in a proceeding under sections 3127.01 to 3127.53 of the Revised Code that are committed by an individual while present in this state.
Sec. 3127.09. (A) A court of this state may communicate with a court in another state concerning a proceeding arising under sections 3127.01 to 3127.53 of the Revised Code.
(B) The court may give the parties the opportunity to participate in the communication. If the parties are not able to participate in the communication, they shall be given the opportunity to present facts and legal arguments before a decision concerning jurisdiction is made.
(C) Communication between courts concerning scheduling, calendars, court records, and similar matters may occur without informing the parties. A record need not be made of the communication.
(D) Except as otherwise provided in division (C) of this section, a record shall be made of a communication under this section. The parties shall be informed promptly of the communication and granted access to the record.
(E) For the purposes of this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec. 3127.10. (A) In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken.
(B) A court of this state may permit an individual residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.
(C) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission.
Sec. 3127.11. (A) A court of this state may request the appropriate court of another state to do any of the following:
(1) Hold an evidentiary hearing;
(2) Order a person to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation be made concerning the allocation of parental rights and responsibilities for the care of a child involved in a pending proceeding with respect to the designation of a parent as the residential parent and legal custodian of the child and with respect to the custody of the child in any other person;
(4) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request;
(5) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
(B) Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in division (A) of this section.
(C) The court may assess travel and other necessary and reasonable expenses incurred under divisions (A) and (B) of this section against the parties according to the law of this state.
(D) Upon appropriate request by a court or law enforcement official of another state, a court of this state shall forward a certified copy of the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child custody proceeding to the court or law enforcement official of the other state.
Sec. 3127.15. (A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state has jurisdiction to make an initial determination in a child custody proceeding only if one of the following applies:
(1) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.
(2) A court of another state does not have jurisdiction under division (A)(1) of this section or a court of the home state of the child has declined to exercise jurisdiction on the basis that this state is the more appropriate forum under section 3127.21 or 3127.22 of the Revised Code, or a similar statute of the other state, and both of the following are the case:
(a) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence.
(b) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.
(3) All courts having jurisdiction under division (A)(1) or (2) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under section 3127.21 or 3127.22 of the Revised Code or a similar statute enacted by another state.
(4) No court of any other state would have jurisdiction under the criteria specified in division (A)(1), (2), or (3) of this section.
(B) Division (A) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.
(C) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.
Sec. 3127.16. Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state that has made a child custody determination consistent with section 3127.15 or 3127.17 of the Revised Code has exclusive, continuing jurisdiction over the determination until the court or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
Sec. 3127.17. Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not modify a child custody determination made by a court of another state unless the court of this state has jurisdiction to make an initial determination under division (A)(1) or (2) of section 3127.15 of the Revised Code and one of the following applies:
(A) The court of the other state determines that it no longer has exclusive, continuing jurisdiction under section 3127.16 of the Revised Code or a similar statute of the other state or that a court of this state would be a more convenient forum under section 3127.21 of the Revised Code or a similar statute of the other state.
(B) The court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Sec. 3127.18. (A) A court of this state has temporary emergency jurisdiction if a child is present in this state and either of the following applies:
(1) The child has been abandoned.
(2) It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
(B) If there is no previous child custody determination that is entitled to be enforced under this chapter and a child custody proceeding has not been commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. If a child custody proceeding has not been or is not commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, a child custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
(C) If there is a previous child custody determination that is entitled to be enforced under this chapter, or a child custody proceeding has been commenced in a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires.
(D) A court of this state that has been asked to make a child custody determination under this section, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of a state having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state, shall immediately communicate with the other court. A court of this state that is exercising jurisdiction pursuant to sections 3127.15 to 3127.17 of the Revised Code, upon being informed that a child custody proceeding has been commenced in or a child custody determination has been made by a court of another state under a statute similar to this section, shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Sec. 3127.19. (A) Before a child custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards set forth in section 3127.07 of the Revised Code shall be given to all persons entitled to notice under the law of this state as in child custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
(B) This chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard.
(C) The obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter shall be governed by the law of this state as in child custody proceedings between residents of this state.
Sec. 3127.20. (A) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state may not exercise its jurisdiction under sections 3127.15 to 3127.17 of the Revised Code if, at the time of the commencement of the proceeding, a child custody proceeding concerning the child is pending in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under section 3127.21 of the Revised Code or a similar statute of the other state.
(B) Except as otherwise provided in section 3127.18 of the Revised Code, a court of this state, before hearing a child custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to section 3127.23 of the Revised Code. If the court determines that a child custody proceeding is pending in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(C) In a proceeding to modify a child custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child custody determination has been commenced in another state, the court may do any of the following:
(1) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(2) Enjoin the parties from continuing with the proceeding for enforcement;
(3) Upon the demonstration of an emergency, proceed with the modification under conditions the court considers appropriate.
Sec. 3127.21. (A) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more convenient forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or at the request of another court.
(B) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including the following:
(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(2) The length of time the child has resided outside this state;
(3) The distance between the court in this state and the court in the state that would assume jurisdiction;
(4) The relative financial circumstances of the parties;
(5) Any agreement of the parties as to which state should assume jurisdiction;
(6) The nature and location of the evidence required to resolve the pending litigation, including the testimony of the child;
(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence;
(8) The familiarity of the court of each state with the facts and issues in the pending litigation.
(C) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(D) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Sec. 3127.22. (A) Except as otherwise provided in section 3127.18 of the Revised Code or another law of this state, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless one of the following applies:
(1) The parents and all persons acting as parents have agreed to the exercise of jurisdiction.
(2) A court of the state otherwise having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code determines that this state is a more appropriate forum under section 3127.21 of the Revised Code or a similar statute of the state.
(3) No court of any other state would have jurisdiction under the criteria specified in sections 3127.15 to 3127.17 of the Revised Code.
(B) If a court of this state declines to exercise its jurisdiction pursuant to division (A) of this section, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction under sections 3127.15 to 3127.17 of the Revised Code or a similar statute of another state.
(C) If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to division (A) of this section, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state or a political subdivision of this state unless authorized by law other than this chapter. (D) As used in this section, "unjustifiable conduct" means conduct by a parent or that parent's surrogate that attempts to create jurisdiction in this state by removing the child from the child's home state, secreting the child, retaining the child, or restraining or otherwise preventing the child from returning to the child's home state in order to prevent the other parent from commencing a child custody proceeding in the child's home state.
Sec. 3109.27 3127.23. (A) Each party in a parenting child custody proceeding,
in the party's first pleading or in an affidavit attached to that
pleading, shall give information if reasonably ascertainable under oath as to the child's
present address or whereabouts, the places where the child has lived within the
last five years, and the name and present address of each person
with whom the child has lived during that period. In this
pleading or affidavit, each party also shall include all of the
following information: (1) Whether the party has participated as a party, a
witness, or in any other capacity in any other litigation, in
this or any other state, that concerned proceeding concerning the allocation, between
the parents of the same child, of parental rights and
responsibilities for the care of the child including any designation of parenting time rights and the designation of
the residential parent and legal custodian of the child or that
otherwise concerned the custody of or visitation with the same child and, if so, the court, case number and the date of the child custody determination, if any; (2) Whether the party has information of any parenting
proceeding concerning the child pending in a court of this or any
other state knows of any proceedings that could affect the current proceeding, including proceedings for enforcement of child custody determinations, proceedings relating to domestic violence or protection orders, proceedings to adjudicate the child as an abused, neglected, or dependent child, proceedings seeking termination of parental rights, and adoptions, and, if so, the court, the case number, and the nature of the proceeding; (3) Whether the party knows of any person who is not a
party to the proceeding and has physical custody of the child or
claims to be a parent of the child who is designated the
residential parent and legal custodian of the child or to have
parenting time rights with respect to the child or to
be a person
other than a parent of the child who has custody or visitation
rights with respect to the child; (4) Whether the party previously has been convicted of or
pleaded guilty to any criminal offense involving any act that
resulted in a child being an abused child or a neglected child or
previously has been determined, in a case in which a child has
been adjudicated an abused child or a neglected child, to be the
perpetrator of the abusive or neglectful act that was the basis
of the adjudication and, if so, the names and addresses of those persons.
(B) If the declaration under division (A)(1), (2), or (3), or
(4) of this section is in the affirmative, the court may require
the declarant to shall give additional information under oath as required by the court. The
court may examine the parties under oath as to details of the
information furnished and as to other matters pertinent to the
court's jurisdiction and the disposition of the case. (C) Each party has a continuing duty to inform the court
of any parenting child custody proceeding concerning the child in this or any
other state of which the party obtained information during this that could affect the current
proceeding. (D) If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by the disclosure of identifying information, the information shall be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, and liberty of the party or child and determines that the disclosure is in the interests of justice. (E) A public children services agency, acting pursuant to a complaint or
an
action on a complaint filed under section 2151.27 of the Revised Code, is not
subject to the
requirements of this section. (E)(F) As used in this section, "abused child" has the same
meaning as in section 2151.031 of the Revised Code, and
"neglected child" has the same meaning as in section 2151.03 of
the Revised Code, and "dependent child" has the same meaning as in section 2151.04 of the Revised Code.
Sec. 3109.29 3127.24. (A) The court may order any party to a
parenting child custody proceeding who is in this state to appear personally
before the court with or without the child. If that party The court may order any person who is in this state and who has physical custody or control of the
child, the court may order that he to appear personally
with the
child. (B) If a party to a parenting child custody proceeding whose presence is
desired by the court is outside this state with or without the
child, the court may order that the notice given under division
(B) of section 3109.23 3127.07 of the Revised Code include a statement
directing that party to appear personally with or without the
child and declaring informing the party that failure to appear may result in a
decision adverse to that party. (C) The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. (D) If a party to a parenting child custody proceeding who is outside
this state is directed to appear under division (B) of this
section or desires to appear personally before the court with or
without the child, the court may require another party to pay to
the clerk of the court reasonable and necessary travel and other necessary expenses for
the appearance of the party and the child who are outside this
state, if this is just and proper under the circumstances.
Sec. 3127.31. As used in sections 3127.31 to 3127.47 of the Revised Code:
(A) "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
(B) "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child custody determination.
Sec. 3127.32. Under this chapter, and subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other court with appropriate jurisdiction may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination.
Sec. 3127.33. (A) A court of this state shall recognize and enforce a child custody determination of a court of another state if that state exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(B) A court of this state may use any remedy available under other law of this state to enforce a child custody determination made by a court of another state. The remedies provided in sections 3127.31 to 3127.47 of the Revised Code are cumulative and do not affect the availability of other remedies to enforce a child custody determination.
Sec. 3127.34. (A) A court of this state that does not have jurisdiction to modify a child custody determination may issue a temporary order enforcing either of the following:
(1) A parenting time or visitation schedule made by a court of another state;
(2) The parenting time or visitation provisions of a child custody determination of another state that does not provide for a specific parenting time or visitation schedule.
(B) If a court of this state makes an order under division (A)(2) of this section, it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in sections 3127.15 to 3127.24 of the Revised Code. The order shall remain in effect until an order is obtained from the other court or until the period expires.
Sec. 3127.35. (A) Subject to sections 2101.022 and 2301.03 of the Revised Code, the clerk of a juvenile court or other court with appropriate jurisdiction may register a child custody determination issued by a court of another state, with or without a simultaneous request for enforcement, on receipt of all of the following:
(1) A letter or other document requesting that the child custody determination be registered;
(2) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that, to the best of the knowledge and belief of the person seeking registration, the order has not been modified;
(3) Except as otherwise provided in section 3127.23 of the Revised Code, the name and address of the person seeking registration and any parent who is designated the residential parent and legal custodian of the child or to have parenting time with respect to the child or any person acting as a parent who has been awarded custody or visitation in the child custody determination sought to be registered; (4) An advance deposit or fee established by the court.
(B) On receipt of the documents and information required by division (A) of this section, the registering court shall do both of the following:
(1) Cause the child custody determination to be filed as a foreign judgment together with one copy of any accompanying documents and information, regardless of their form;
(2) Serve notice of the registration request on the persons named pursuant to division (A)(3) of this section, and provide them with an opportunity to contest the registration in accordance with this section.
(C) The notice required by division (B)(2) of this section shall state all of the following:
(1) That the registered child custody determination is enforceable as of the date of the registration in the same manner as a child custody determination issued by a court of this state;
(2) That a hearing to contest the validity of the registered determination must be requested within thirty days after service of notice;
(3) That failure to contest the registration shall result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.
(D) A person seeking to contest the validity of a registered order shall request a hearing within thirty days after service of the notice. At that hearing, the court shall confirm the registered order unless the person contesting registration establishes one of the following circumstances:
(1) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(2) The child custody determination sought to be registered has been vacated, stayed, or modified by a court having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(3) The person contesting registration was entitled to notice of the child custody proceeding for which registration is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state.
(E) If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served in accordance with division (B)(2) of this section must be notified of the confirmation.
(F) Confirmation of a registered child custody determination, whether by operation of law or after notice and hearing, precludes further contest of the determination with respect to any matter that could have been asserted at the time of registration.
Sec. 3127.36. (A) Subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court or other court of this state may grant any relief normally available under the law of this state to enforce a registered child custody determination made by a court of another state.
(B) Subject to sections 2101.022 and 2301.03 of the Revised Code, a juvenile court and each other court of this state shall recognize and enforce, but may not modify except in accordance with sections 3127.15 to 3127.24 of the Revised Code, a registered child custody determination of a court of another state.
Sec. 3127.37. Subject to sections 2101.022 and 2301.03 of the Revised Code, if a proceeding for enforcement under sections 3127.31 to 3127.46 of the Revised Code is commenced in a juvenile court or other court of this state with appropriate jurisdiction and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement shall continue unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Sec. 3127.38. (A) A petition for enforcement pursuant to sections 3127.31 to 3127.46 of the Revised Code must be verified. All orders sought to be enforced and any order confirming registration must be attached to the petition. The orders attached to the petition shall be the original or a certified copy, whichever a court requires.
(B) A petition for enforcement of a child custody determination shall state all of the following:
(1) Whether the court that issued the child custody determination identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so, what the basis was;
(2) Whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and, if so, identify the court, the case number, and the nature of the proceeding;
(3) Whether any proceeding has been commenced that could affect the current proceeding, including proceedings for enforcement of child custody determinations, proceedings relating to domestic violence or protection orders, proceedings to adjudicate the child as an abused, neglected, or dependent child, proceedings seeking termination of parental rights, and adoptions, and, if so, the court, the case number, and the nature of the proceeding;
(4) The present physical address of the child and the respondent, if known;
(5) Whether relief in addition to the immediate physical custody of the child and attorney's fees is sought, including a request for assistance from law enforcement officials and, if so, the relief sought;
(6) If the child custody determination has been registered and confirmed under section 3127.35 of the Revised Code, the date and place of registration.
(C) Upon the filing of a petition, the court shall issue an order directing the respondent to appear in person with or without the child at a hearing and may enter any order necessary to ensure the safety of the parties and the child. If possible, the hearing must be held on the next judicial day after service of the order. If holding the hearing on that date is impossible, the court shall hold the hearing on the first judicial day possible. The court may extend the date of the hearing at the request of the petitioner.
(D) An order issued under division (C) of this section shall state the time and place of the hearing and advise the respondent that at the hearing the court will order that the petitioner may take immediate physical custody of the child and that the respondent pay fees, costs, and expenses under section 3127.42 of the Revised Code and may schedule a hearing to determine whether further relief is appropriate, unless the respondent appears and establishes either of the following:
(1) That the child custody determination has not been registered and confirmed under section 3127.35 of the Revised Code and that one of the following circumstances applies:
(a) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(b) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(c) The respondent was entitled to notice of the child custody proceeding for which enforcement is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state.
(2) That the child custody determination for which enforcement is sought was registered and confirmed under section 3127.35 of the Revised Code but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
Sec. 3127.39. Except as otherwise provided in section 3127.41 of the Revised Code, the petition and order shall be served by any method authorized by the Rules of Civil Procedure upon respondent and any person who has physical custody of the child.
Sec. 3127.40. (A) Unless the court issues a temporary emergency order pursuant to section 3127.18 of the Revised Code, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes either of the following:
(1) That the child custody determination has not been registered and confirmed under section 3127.35 of the Revised Code and that one of the following circumstances applies:
(a) The issuing court did not have jurisdiction under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(b) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(c) The respondent was entitled to notice of the child custody proceeding for which enforcement is sought, but notice was not given in accordance with the standards of section 3127.07 of the Revised Code or a similar statute of another state.
(2) That the child custody determination for which enforcement is sought was registered and confirmed under section 3127.35 of the Revised Code but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
(B) The court shall award the fees, costs, and expenses authorized under section 3127.42 of the Revised Code, and may grant additional relief, including a request for the assistance of law enforcement officials, and shall set a further hearing to determine whether the additional relief is appropriate.
(C) If a party called to testify in a proceeding to enforce a child custody determination refuses to answer on the basis that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
(D) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this chapter.
Sec. 3127.41. (A) Upon the filing of a petition seeking enforcement of a child custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state.
(B) If the court, upon the testimony of the petitioner or another witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. If possible, the court shall hear the petition on the next judicial day after the warrant is executed. If it is impossible to hold a hearing on that date, the court shall hold the hearing on the first judicial day possible. The application for the warrant shall include the statements required by division (B) of section 3127.38 of the Revised Code.
(C) A warrant to take physical custody of a child shall do all of the following:
(1) Specify the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(2) Direct law enforcement officers to take physical custody of the child immediately;
(3) Provide for the placement of the child pending final relief.
(D) The respondent shall be served with the petition, warrant, and order immediately after the child is taken into physical custody.
(E) A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or another witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
(F) The court may impose conditions upon the placement of a child to ensure the appearance of the child and the child's custodian.
Sec. 3127.42. (A) A court shall award the prevailing party in an action to enforce a child custody determination, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
(B) The court shall not assess fees, costs, or expenses against a state or a political subdivision of a state unless authorized by law other than this chapter.
Sec. 3127.43. A court of this state shall accord full faith and credit to an order issued by another state consistent with this chapter that enforces a child custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under sections 3127.15 to 3127.24 of the Revised Code or a similar statute of another state.
Sec. 3127.44. An appeal may be taken from a final order in a proceeding under sections 3127.31 to 3127.47 of the Revised Code. The supreme court of this state shall, by rule, provide for expedited appellate review of cases appealed under this section. Unless the court enters a temporary emergency order under section 3127.18 of the Revised Code, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Sec. 3127.45. (A) In a case arising under this chapter or involving the Hague Convention on the Civil Aspects in International Child Abduction, the prosecutor may take any lawful action, including resort to a proceeding under sections 3127.31 to 3127.47 of the Revised Code or any other available civil proceeding, to locate a child, obtain the return of a child, or enforce a child custody determination if there is any of the following:
(1) An existing child custody determination;
(2) A request to locate a child, obtain the return of a child, or enforce a child custody determination from a court in a pending child custody proceeding;
(3) A reasonable belief that a criminal statute has been violated;
(4) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
(B) A prosecutor acting under this section acts on behalf of the court and may not represent any party.
Sec. 3127.46. At the request of a prosecutor or other appropriate public official acting under section 3127.45 of the Revised Code, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist the prosecutor or appropriate public official with responsibilities under section 3127.45 of the Revised Code.
Sec. 3127.47. If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under section 3127.45 or 3127.46 of the Revised Code.
Sec. 3127.51. In applying and construing sections 3127.01 to 3127.53 of the Revised Code, consideration shall be given to the need to promote uniformity of law with respect to its subject matter among states that enact a uniform child custody jurisdiction and enforcement act.
Sec. 3127.52. If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Sec. 3127.53. A motion or other request for relief made in a parenting or child custody proceeding or to enforce a parenting or child custody determination that was commenced before the effective date of this section is governed by the law in effect at the time the motion or other request was made.
Sec. 5153.122. (A) Each caseworker hired by a public children
services agency shall complete at least ninety hours of in-service training
during the first year of the caseworker's continuous employment, except that the director of the public children services agency may waive the training requirement for a school of social work graduate who participated in the university partnership program described in division (D) of section 5101.141 of the Revised Code. The training
shall consist of courses in recognizing and preventing child abuse and
neglect, assessing
risks, interviewing persons, investigating cases, intervening, providing
services to children and their families, and other topics relevant to child
abuse and neglect. After The training shall also include courses in the legal duties of caseworkers to protect the constitutional and statutory rights of children and families from the initial time of contact during investigation through treatment that shall include instruction regarding parents' rights and the limitations that the Fourth Amendment to the United States Constitution places upon caseworkers and their investigations. After the first year of continuous employment, each
caseworker annually shall complete thirty-six hours of training in areas
relevant to the caseworker's assigned duties. (B) Each supervisor hired by a public children services agency
shall complete at least sixty hours of in-service training during the first
year of the supervisor's continuous employment in that position. After the
first year of continuous employment as a supervisor, the supervisor annually
shall complete thirty hours of training in areas relevant to the supervisor's
assigned duties.
(C) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement the training requirements of this section.
SECTION 2. That existing sections 2111.06, 2151.23, 2151.27, 2151.353, 2151.421, 2152.021, 3109.04, 3109.27, 3109.29, 3109.37, and 5153.122 and sections Sec. 3109.21. , Sec. 3109.22. , Sec. 3109.23. , Sec. 3109.24. , Sec. 3109.25. , Sec. 3109.26. , Sec. 3109.28. , Sec. 3109.30. , Sec. 3109.31. , Sec. 3109.32. , Sec. 3109.33. , Sec. 3109.34. , Sec. 3109.35. , and Sec. 3109.36. of the Revised Code are hereby repealed.
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