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Am. Sub. H. B. No. 111 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Patton, McGregor, J., Aslanides, Bacon, Boyd, DeBose, Domenick, Evans, Flowers, Hagan, J., Heard, Hughes, Letson, Luckie, Schindel, Setzer, Skindell, Williams, S., Yuko
A BILL
To amend sections 2151.03 and 2717.01 of the Revised
Code to
expand the definition of neglected child
to
include a child whose parent, guardian, or
custodian knowingly allows certain sexually
oriented
offenders or child-victim offenders to
reside in the same
residence as that child, and
to prohibit a court from ordering a statutory
change of name for a person who has committed
identity fraud or who must register under the SORN
Law for having committed a sexually oriented
offense or child-victim oriented offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.03 and 2717.01 of the Revised
Code be
amended to read as follows:
Sec. 2151.03. (A) As used in this chapter, "neglected
child"
includes any child:
(1) Who is abandoned by the child's parents, guardian, or
custodian;
(2) Who lacks adequate parental care because of the faults
or
habits of the child's parents, guardian, or custodian;
(3) Whose parents, guardian, or custodian neglects the child
or
refuses to provide proper or necessary subsistence,
education,
medical or surgical care or treatment, or other care
necessary for
the child's health, morals, or well being;
(4) Whose parents, guardian, or custodian neglects the child
or
refuses to provide the special care made necessary by
the
child's mental condition;
(5) Whose parents, legal guardian, or custodian have has
placed or attempted to place the child in violation of sections
5103.16
and 5103.17 of the Revised Code;
(6) Who, because of the omission of the child's parents,
guardian,
or custodian, suffers physical or mental injury that
harms or
threatens to harm the child's health or welfare;
(7) Who is subjected to out-of-home care child neglect;
(8) Whose parents, guardian, or custodian knowingly allows
any of the following persons to reside in the same residence as
the child:
(a) A person who is a habitual sex offender, sexual predator,
habitual child-victim offender, or child-victim predator, as
defined in section 2950.01 of the Revised Code;
(b) A person who was convicted of or pleaded guilty to an
aggravated sexually oriented offense, as defined in section
2950.01 of the Revised Code;
(c) A person who has been convicted of or has pleaded guilty
to a sexually oriented or child-victim oriented offense, as
defined in section 2950.01 of the Revised Code, who is not
described in division (A)(8)(a) or (A)(8)(b) of this section
but
who is subject to one of the following
imposed for that offense:
(i) A jail or prison term;
(ii) A community control sanction, as defined in section
2929.01 of the Revised Code, other than one imposed under section
2929.18 or 2929.28 of the Revised Code;
(iii) A period of post-release control;
(iv) A community control sanction imposed after a judicial
release;
(v) Parole or another type of early release from confinement.
(B) A child is not a neglected child under division (A)(8) of
this section if either of the following applies to the person
living in the same residence as the child:
(1) The person is under eighteen years of age.
(2) The person is eighteen years of age or older, resides in
the same residence as the person's parent, guardian, or legal
custodian, and is enrolled in high school.
(C) Nothing in this chapter shall be construed as
subjecting
a parent, guardian, or custodian of a child to
criminal liability
when, solely in the practice of religious
beliefs, the parent,
guardian, or custodian fails to provide adequate medical
or
surgical care or
treatment for the child. This division does not
abrogate or
limit any person's responsibility under section
2151.421 of the
Revised Code to report child abuse that is known
or reasonably suspected or believed to have occurred, child
neglect that is known or reasonably
suspected or believed to have
occurred, and children who are known to face or
are reasonably
suspected or believed to be facing a threat of suffering abuse or
neglect
and does not preclude any exercise of the authority of the
state,
any political subdivision, or any court to ensure that
medical or
surgical care or treatment is provided to a child when
the child's health
requires the provision of medical or surgical
care or treatment.
Sec. 2717.01. (A) A person desiring a change of name may
file an application in the probate court of the county in which
the person resides. The application shall set forth that the
applicant has been a bona fide resident of that county for at
least one year prior to the filing of the application, the cause
for which the change of name is sought, and the requested new
name. The application shall require the applicant to state whether
the applicant has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for identity fraud or has a duty to
comply with section 2950.04 or 2950.041 of the Revised Code
because the applicant was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for having committed a sexually
oriented offense or a child-victim oriented offense.
Notice of the application shall be given once by
publication
in a newspaper of general circulation in the county
at least
thirty days before the hearing on the application. The
notice
shall set forth the court in which the application was
filed, the
case number, and the date and time of the hearing.
Upon Except as provided by division (C) of this section, upon
proof that proper notice was given and that the facts
set forth in
the application show reasonable and proper cause for
changing the
name of the applicant, the court may order the
change of name.
(B) An application for change of name may be made on
behalf
of a minor by either of the minor's parents, a legal
guardian, or
a guardian ad litem. When application is made on
behalf of a
minor, in addition to the notice and proof required
pursuant to
division (A) of this section, the consent of both
living, legal
parents of the minor shall be filed, or notice of
the hearing
shall be given to the parent or parents not
consenting by
certified mail, return receipt requested. If there
is no known
father of the minor, the notice shall be given to the
person who
the mother of the minor alleges to be the father. If
no father is
so alleged, or if either parent or the address of
either parent is
unknown, notice pursuant to division (A) of this
section shall be
sufficient as to the father or parent.
Any additional notice required by this division may be
waived
in writing by any person entitled to the notice.
(C)(1) The court shall not order a change of name under
division (A) of this section if the person applying for a change
of name or for whom the application for a change of name is made
has pleaded guilty to, been convicted of, or been adjudicated a
delinquent child for a sexually oriented offense or a child-victim
oriented offense and has a duty to comply with section 2950.04 or
2950.041 of the Revised Code as a result of the guilty plea,
conviction, or adjudication unless the guilty plea, conviction, or
adjudication has been reversed on appeal.
(2) The court shall not order a change of name under division
(A) of this section if the person applying for a change of name or
for whom the application for a change of name is made has pleaded
guilty to, been convicted of, or been adjudicated a delinquent
child for committing an act that if committed by an adult would be
a violation of section 2913.49 of the Revised Code unless the
guilty plea, conviction, or adjudication has been reversed on
appeal.
(3) As used in this division, "sexually oriented offense" and
"child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code.
Section 2. That existing sections 2151.03 and 2717.01 of the
Revised Code
are hereby repealed.
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