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H. B. No. 257 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Antonio, Schuring
Cosponsors:
Representatives Cera, Rogers, Driehaus, Becker, Smith, Stebelton, Strahorn, Maag, Barborak, Buchy, Phillips, Foley, Hagan, R., Sheehy, Brown, Brenner, Reece, Fedor, Ramos, Budish, Grossman
A BILL
To amend sections 2105.06 and 3107.07 and to enact
sections 2105.062, 3109.50, 3109.501, 3109.502,
3109.503, 3109.504, 3109.505, 3109.506, and
3109.507 of the Revised Code regarding the
parental rights of a father who was convicted of
or pleaded guilty to, or alleged to have
committed, rape or sexual battery.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2105.06 and 3107.07 be amended and
sections 2105.062, 3109.50, 3109.501, 3109.502, 3109.503,
3109.504, 3109.505, 3109.506, and 3109.507 of the Revised Code be
enacted to read as follows:
Sec. 2105.06. When a person dies intestate having title or
right to any personal property, or to any real property or
inheritance, in this state, the personal property shall be
distributed, and the real property or inheritance shall descend
and pass in parcenary, except as otherwise provided by law, in the
following course:
(A) If there is no surviving spouse, to the children of the
intestate or their lineal descendants, per stirpes;
(B) If there is a spouse and one or more children of the
decedent or their lineal descendants surviving, and all of the
decedent's children who survive or have lineal descendants
surviving also are children of the surviving spouse, then the
whole to the surviving spouse;
(C) If there is a spouse and one child of the decedent or the
child's lineal descendants surviving and the surviving spouse is
not the natural or adoptive parent of the decedent's child, the
first twenty thousand dollars plus one-half of the balance of the
intestate estate to the spouse and the remainder to the child or
the child's lineal descendants, per stirpes;
(D) If there is a spouse and more than one child or their
lineal descendants surviving, the first sixty thousand dollars if
the spouse is the natural or adoptive parent of one, but not all,
of the children, or the first twenty thousand dollars if the
spouse is the natural or adoptive parent of none of the children,
plus one-third of the balance of the intestate estate to the
spouse and the remainder to the children equally, or to the lineal
descendants of any deceased child, per stirpes;
(E) If there are no children or their lineal descendants,
then the whole to the surviving spouse;
(F) If Except as provided in section 2105.062 of the Revised
Code, if there is no spouse and no children or their lineal
descendants, to the parents of the intestate equally, or to the
surviving parent;
(G) If Except as provided in section 2105.062 of the Revised
Code, if there is no spouse, no children or their lineal
descendants, and no parent surviving, to the brothers and sisters,
whether of the whole or of the half blood of the intestate, or
their lineal descendants, per stirpes;
(H) If Except as provided in section 2105.062 of the Revised
Code, if there are no brothers or sisters or their lineal
descendants, one-half to the paternal grandparents of the
intestate equally, or to the survivor of them, and one-half to the
maternal grandparents of the intestate equally, or to the survivor
of them;
(I) If Except as provided in section 2105.062 of the Revised
Code, if there is no paternal grandparent or no maternal
grandparent, one-half to the lineal descendants of the deceased
grandparents, per stirpes; if there are no such lineal
descendants, then to the surviving grandparents or their lineal
descendants, per stirpes; if there are no surviving grandparents
or their lineal descendants, then to the next of kin of the
intestate, provided there shall be no representation among the
next of kin;
(J) If there are no next of kin, to stepchildren or their
lineal descendants, per stirpes;
(K) If there are no stepchildren or their lineal descendants,
escheat to the state.
Sec. 2105.062. As used in this section, "relative" includes a
parent, grandparent, great-grandparent, stepparent, child,
grandchild, aunt, uncle, cousin, sibling, and half sibling.
The father declared to be the parent of a child conceived as
a result of rape or sexual battery pursuant to section 3109.501 of
the Revised Code, or a relative of the father, shall not inherit
the real property, personal property, or inheritance of the child
or the child's lineal descendants as provided under section
2105.06 of the Revised Code.
Sec. 3107.07. Consent to adoption is not required of any of
the following:
(A) A parent of a minor, when it is alleged in the adoption
petition and the court, after proper service of notice and
hearing, finds by clear and convincing evidence that the parent
has failed without justifiable cause to provide more than de
minimis contact with the minor or to provide for the maintenance
and support of the minor as required by law or judicial decree for
a period of at least one year immediately preceding either the
filing of the adoption petition or the placement of the minor in
the home of the petitioner.
(B) The putative father of a minor if either of the following
applies:
(1) The putative father fails to register as the minor's
putative father with the putative father registry established
under section 3107.062 of the Revised Code not later than thirty
days after the minor's birth;
(2) The court finds, after proper service of notice and
hearing, that any of the following are the case:
(a) The putative father is not the father of the minor;
(b) The putative father has willfully abandoned or failed to
care for and support the minor;
(c) The putative father has willfully abandoned the mother of
the minor during her pregnancy and up to the time of her surrender
of the minor, or the minor's placement in the home of the
petitioner, whichever occurs first.
(C) Except as provided in section 3107.071 of the Revised
Code, a parent who has entered into a voluntary permanent custody
surrender agreement under division (B) of section 5103.15 of the
Revised Code;
(D) A parent whose parental rights have been terminated by
order of a juvenile court under Chapter 2151. of the Revised Code;
(E) A parent who is married to the petitioner and supports
the adoption;
(F) The father, or putative father, of a minor if the minor
is conceived as the result of the commission of rape by the father
or putative father and the father or putative father is convicted
of or pleads guilty to the commission of that offense. As used in
this division, "rape" means a violation of section 2907.02 of the
Revised Code or a similar law of another state.
(G) A legal guardian or guardian ad litem of a parent
judicially declared incompetent in a separate court proceeding who
has failed to respond in writing to a request for consent, for a
period of thirty days, or who, after examination of the written
reasons for withholding consent, is found by the court to be
withholding consent unreasonably;
(H) Any legal guardian or lawful custodian of the person to
be adopted, other than a parent, who has failed to respond in
writing to a request for consent, for a period of thirty days, or
who, after examination of the written reasons for withholding
consent, is found by the court to be withholding consent
unreasonably;
(I) The spouse of the person to be adopted, if the failure of
the spouse to consent to the adoption is found by the court to be
by reason of prolonged unexplained absence, unavailability,
incapacity, or circumstances that make it impossible or
unreasonably difficult to obtain the consent or refusal of the
spouse;
(J) Any parent, legal guardian, or other lawful custodian in
a foreign country, if the person to be adopted has been released
for adoption pursuant to the laws of the country in which the
person resides and the release of such person is in a form that
satisfies the requirements of the immigration and naturalization
service of the United States department of justice for purposes of
immigration to the United States pursuant to section 101(b)(1)(F)
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8
U.S.C. 1101(b)(1)(F), as amended or reenacted.
(K) Except as provided in divisions (G) and (H) of this
section, a juvenile court, agency, or person given notice of the
petition pursuant to division (A)(1) of section 3107.11 of the
Revised Code that fails to file an objection to the petition
within fourteen days after proof is filed pursuant to division (B)
of that section that the notice was given;
(L) Any guardian, custodian, or other party who has temporary
custody of the child;
(M) The father of a minor declared, with respect to the
minor, to be the parent of a child conceived as a result of rape
or sexual battery pursuant to an action brought under section
3109.501 of the Revised Code.
Sec. 3109.50. As used in sections 3109.501 to 3109.507 of
the Revised Code:
(A) "Parental rights" means parental rights and
responsibilities, parenting time, or any other similar right
established by the laws of this state with respect to a child.
"Parental rights" does not include the parental duty of support
for a child.
(B) "Rape" means a violation of section 2907.02 of the
Revised Code or similar law of another state.
(C) "Sexual battery" means a violation of section 2907.03 of
the Revised Code or similar law of another state.
Sec. 3109.501. (A) The mother of a child alleging that the
child was conceived as a result of rape or sexual battery may
bring an action to declare the father to be the parent of a child
conceived as a result of rape or sexual battery.
(B) A court shall issue an order declaring that the father is
the parent of a child conceived as a result of rape or sexual
battery if the mother proves the following by a preponderance of
the evidence:
(1) The father was convicted of or pleaded guilty to the rape
or sexual battery.
(2) The mother was the victim of the rape or sexual battery.
(3) The child was conceived as a result of the rape or sexual
battery.
(4) Both the mother and father are established pursuant to
genetic testing or as provided in Chapter 3111. of the Revised
Code to be the child's parents.
Sec. 3109.502. In an action under section 3109.501 of the
Revised Code, the mother may meet the requirements of division
(B)(1) of that section by clear and convincing evidence that the
father committed the rape or sexual battery that is the basis of
the action even if the father was not convicted of or did not
plead guilty to, the violation.
Sec. 3109.503. A mother to whom the following apply may seek
a declaration described in section 3109.501 of the Revised Code
pursuant to a proceeding for divorce, dissolution, legal
separation, or annulment:
(A) She is the victim of a rape or sexual battery for which a
child was conceived as a result.
(B) She is married to the father who was convicted of, or
pleaded guilty to, the rape or sexual battery.
Sec. 3109.504. A court that issues an order declaring a
father to be the parent of a child conceived as a result of rape
or sexual battery under section 3109.501 of the Revised Code shall
notify any court that has issued an order granting parental rights
with respect to such child to the father.
Sec. 3109.505. (A) No court shall issue an order granting
parental rights with respect to a child to a father declared,
regarding that child, to be the parent of a child conceived as a
result of rape or sexual battery in an action or proceeding under
section 3109.501, 3109.503, or 3109.506 of the Revised Code.
(B) On receipt of a notice under section 3109.504 of the
Revised Code, a court that has issued an order granting parental
rights regarding the father and child addressed in the notice
shall terminate the order.
Sec. 3109.506. Any action described in section 3109.501 of
the Revised Code may be consolidated with any action or proceeding
for parental rights regarding a child conceived as a result of
rape or sexual battery.
Sec. 3109.507. A relative of a father whose parental rights
with the father's child have been terminated, denied, or limited
pursuant to sections 3109.50 to 3109.506 of the Revised Code may
be granted only those rights consented to by the mother of the
child.
Section 2. That existing sections 2105.06 and 3107.07 of the
Revised Code are hereby repealed.
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