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S. B. No. 171 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend section 3107.07 and to enact section
3109.044 of the Revised Code to permit a victim of
rape, sexual battery, or unlawful sexual conduct,
or a parent of a minor who was the victim of a
felony violation of unlawful sexual conduct to
file a complaint to terminate specified parental
rights of the defendant with regard to a minor
conceived as a result of the offense, to require
the court to terminate the parental rights named
in the complaint if the court determines that the
defendant was convicted of or pleaded guilty to
the offense or determines beyond a reasonable
doubt that the defendant committed the offense,
and to prohibit a court from granting in any
subsequent civil action the defendant any of the
terminated parental rights.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3107.07 be amended and section
3109.044 of the Revised Code be enacted to read as follows:
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) A parent whose parental rights with regard to adoption
have been terminated by court order under section 3109.044 of the
Revised Code.
Sec. 3109.044. (A) As used in this section:
(1) "Court" means a juvenile or other court that has
jurisdiction in a case respecting the allocation of parental
rights for a minor.
(2) "Minor" means a person under eighteen years of age.
(B) The parent of a minor who was conceived as the result of
the commission of an offense in violation of section 2907.02 or
2907.03 of the Revised Code may file a complaint with a court to
terminate any of the following parental rights with respect to
that minor of a person who has been convicted of or pleaded guilty
to the offense or who has been determined pursuant to division (E)
of this section to have committed the offense:
(2) Parenting time rights and visitation rights;
(3) The necessity, authority, or right to consent to the
minor's adoption.
(C) A parent of a minor child who conceives a child as the
result of the commission of an offense that is a felony violation
of section 2907.04 of the Revised Code may file a complaint with a
court to terminate any of the following parental rights with
respect to the child born to the minor child of a person who has
been convicted of or pleaded guilty to the offense or who has been
determined pursuant to division (E) of this section to have
committed the offense:
(2) Parenting time rights and visitation rights;
(3) The necessity, authority, or right to consent to the
adoption of the minor child's child.
(D) A person who is the parent of a minor child who was
conceived as a result of the commission of an offense that is a
misdemeanor violation of section 2907.04 of the Revised Code may
file on or after the parent's eighteenth birthday a complaint with
a court to terminate any of the following parental rights with
respect to that minor child of a person who has been convicted of
or pleaded guilty to the offense or who has been determined
pursuant to division (E) of this section to have committed the
offense:
(2) Parenting time rights or visitation rights;
(3) The necessity, authority, or right to consent to the
minor child's adoption.
(E) If a parent of a minor child files a complaint pursuant
to division (B) or (D) of this section that alleges that the minor
child was conceived as the result of the defendant's violation of
section 2907.02 or 2907.03 of the Revised Code or misdemeanor
violation of section 2907.04 of the Revised Code, or if a parent
of a minor child files a complaint pursuant to division (C) of
this section that alleges that the minor child of the parent's
minor child was conceived as the result of the defendant's felony
violation of section 2907.04 of the Revised Code, the court shall
determine if the defendant was convicted of or pleaded guilty to
the violation of section 2907.02, 2907.03, or 2907.04 of the
Revised Code that resulted in the child's conception.
If the defendant has not been convicted of or pleaded guilty
to the violation of section 2907.02, 2907.03, or 2907.04 of the
Revised Code that resulted in the child's conception, the court
shall hold a hearing to determine if the defendant committed the
violation that resulted in the child's conception. The plaintiff
shall have the burden to prove beyond a reasonable doubt that the
defendant committed the violation.
The court, upon making a determination that the defendant was
convicted of, pleaded guilty to, or committed the violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code that
resulted in the conception of the minor named in the complaint,
shall order the termination of the defendant's parental rights
that are named in the complaint and that exist at the time of, or
may exist subsequent to, the court order. No court shall grant to
the defendant any parental rights that are terminated pursuant to
this section.
Section 2. That existing section 3107.07 of the Revised Code
is hereby repealed.
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