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S. B. No. 250 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Beagle, Burke, Lehner
A BILL
To amend sections 3107.055, 3107.16, 5747.37, and
5747.98, to amend section 5103.17 and to recodify
it by subdividing it into sections 5103.17 and
5103.172, and to enact sections 3107.056,
3107.0610, 3107.0611, 3107.0612, 3107.0613,
3107.0614, 3107.0615, 3107.0616, 5103.171,
5103.172, and 5103.173 of the Revised Code to
require that certain pre-birth adoption
notifications be sent to each putative father; to
permit a person to advertise that the person will
adopt children; to define for purposes of an
adoption, "living expenses" of a birth mother, to
specify how they must be paid, and to allow a
credit or refund of those expenses; and to
increase, and make refundable, the adoption income
tax credit.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3107.055, 3107.16, 5103.17, 5747.37,
and 5747.98 be amended, that section 5103.17 be amended and
recodified by subdividing it into sections 5103.17 and 5103.172,
and that sections 3107.056, 3107.0610, 3107.0611, 3107.0612,
3107.0613, 3107.0614, 3107.0615, 3107.0616, 5103.171, 5103.172,
and 5103.173 of the Revised Code be enacted to read as follows:
Sec. 3107.055. (A)(1) Notwithstanding section 3107.01 of the
Revised Code, as used in this section, "agency" does not include a
public children services agency.
(2) As used in this section and section 3107.056 of the
Revised Code, "living expenses" means any of the following
expenses incurred by a birth mother:
(a) Rental or mortgage payments;
(c) Payments for food, household goods, personal care items,
and the costs of transportation to work or school.
(B) An agency or attorney, whichever arranges a minor's
adoption, shall file with the court a preliminary estimate
accounting not later than the time the adoption petition for the
minor is filed with the court. The agency or attorney, whichever
arranges the adoption, also shall file a final accounting with the
court before a final decree of adoption is issued or an
interlocutory order of adoption is finalized for the minor. The
agency or attorney shall complete and file accountings in a manner
acceptable to the court.
An accounting shall specify all disbursements of anything of
value the petitioner, a person on the petitioner's behalf, and the
agency or attorney made and has agreed to make in connection with
the minor's permanent surrender under division (B) of section
5103.15 of the Revised Code, placement under section 5103.16 of
the Revised Code, and adoption under this chapter. The agency or
attorney shall include in an accounting an itemization of each
expense listed in division (C) of this section and any credit or
refund provided under section 3107.056 of the Revised Code. The
itemization of the expenses specified in divisions (C)(3) and (4)
of this section shall show the amount the agency or attorney
charged or is going to charge for the services and the actual cost
to the agency or attorney of providing the services. An accounting
shall indicate whether any expenses listed in division (C) of this
section do not apply to the adoption proceeding for which the
accounting is filed.
The agency or attorney shall include with a preliminary
estimate accounting and a final accounting a written statement
signed by the petitioner that the petitioner has reviewed the
accounting and attests to its accuracy.
(C) No petitioner, person acting on a petitioner's behalf, or
agency or attorney shall make or agree to make any disbursements
in connection with the minor's permanent surrender, placement, or
adoption other than for the following:
(1) Physician expenses incurred on behalf of the birth mother
or minor in connection with prenatal care, delivery, and
confinement prior to or following the minor's birth;
(2) Hospital or other medical facility expenses incurred on
behalf of the birth mother or minor in connection with the minor's
birth;
(3) Expenses charged by the attorney arranging the adoption
for providing legal services in connection with the placement and
adoption, including expenses incurred by the attorney pursuant to
sections 3107.031, 3107.032, 3107.081, 3107.082, 3107.09,
3107.101, and 3107.12 of the Revised Code;
(4) Expenses charged by the agency arranging the adoption for
providing services in connection with the permanent surrender and
adoption, including the agency's application fee and the expenses
incurred by the agency pursuant to sections 3107.031, 3107.032,
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the Revised
Code;
(5) Temporary costs of routine maintenance and medical care
for a minor required under section 5103.16 of the Revised Code if
the person seeking to adopt the minor refuses to accept placement
of the minor;
(6) Guardian ad litem fees incurred on behalf of the minor in
any court proceedings;
(7) Foster care expenses incurred in connection with any
temporary care and maintenance of the minor;
(8) Court expenses incurred in connection with the minor's
permanent surrender, placement, and adoption;
(9) Living expenses not exceeding three thousand dollars for
the birth mother that are incurred during pregnancy through the
sixtieth day after the date the minor is born and paid by the
petitioner to the birth mother through the attorney or agency
arranging the minor's adoption.
(D) If a court determines from an accounting that an amount
that is going to be disbursed for an expense listed in division
(C) of this section is unreasonable, the court may order a
reduction in the amount to be disbursed. If a court determines
from an accounting that an unreasonable amount was disbursed for
an expense listed in division (C) of this section, the court may
order the person who received the disbursement to refund to the
person who made the disbursement an amount the court orders.
If a court determines from an accounting that a disbursement
for an expense not permitted by division (C) of this section is
going to be made, the court may issue an injunction prohibiting
the disbursement. If a court determines from an accounting that a
disbursement for an expense not permitted by division (C) of this
section was made, the court may order the person who received the
disbursement to return it to the person who made the disbursement.
If a court determines that a final accounting does not
completely report all the disbursements that are going to be made
or have been made in connection with the minor's permanent
surrender, placement, and adoption, the court shall order the
agency or attorney to file with the court an accounting that
completely reports all such disbursements.
The agency or attorney shall file the final accounting with
the court not later than ten days prior to the date scheduled for
the final hearing on the adoption. The court may not issue a final
decree of adoption or finalize an interlocutory order of adoption
of a minor until at least ten days after the agency or attorney
files the final accounting.
(E) An attorney or agency that makes payments for services or
items that qualify as living expenses under division (C)(9) of
this section shall make a reasonable and good faith effort to make
the payments directly to the entity providing the service or item.
(F) This section does not apply to an adoption by a
stepparent whose spouse is a biological or adoptive parent of the
minor.
Sec. 3107.056. If a petitioner pays a birth mother's living
expenses to an attorney or agency arranging a minor's adoption and
the adoption does not occur, the attorney or agency shall provide
to the petitioner one of the following as requested in writing by
the petitioner:
(A) A credit that may be applied to a future adoption
petition equal to the living expenses paid in advance less the
total amount of living expenses paid to, or for the benefit of,
the birth mother of the minor;
(B) A refund equal to the living expenses paid in advance
less the total amount of living expenses paid to, or for the
benefit of, the birth mother of the minor.
Sec. 3107.0610. (A) A birth mother who decides, during the
pregnancy, to place the minor for adoption, or an attorney or
other representative working on the birth mother's behalf, shall
give written notice of the decision to each person who the birth
mother identifies as the putative father of the minor. The notice
shall be made by certified mail prior to the minor's birth.
(B) A birth mother is not required to provide notice under
division (A) of this section to a putative father described in
division (F) of section 3107.07 of the Revised Code.
Sec. 3107.0611. The notice described under section 3107.0610
of the Revised Code shall contain the following:
(A) The name of the putative father to whom the notice is
sent;
(B) The last known address of the putative father;
(C) The date of the notice;
(D) The name of the birth mother who has identified the
recipient of the notice as the putative father of the minor;
(E) The anticipated date of birth of the minor;
(F) A statement of the birth mother's decision to place the
minor for adoption;
(G) A statement notifying the putative father that he has
been identified as the putative father of the minor;
(H) A copy of the definition of a putative father under
section 3107.01 of the Revised Code;
(I) A statement notifying the putative father that he may
register with the putative father registry under section 3107.062
of the Revised Code;
(J) A statement describing the right of a putative father,
not later than thirty days after receipt of a notice under section
3107.0610 of the Revised Code and after registering with the
putative father registry, to provide provisional consent to the
adoption of the minor subject to the notice, which consent shall
be provided in writing as described in section 3107.0614 of the
Revised Code;
(K) A statement that a response to a notice under this
section shall be sent by certified mail to the person that sent
the notice;
(L) A statement that a putative father's provisional consent
to the adoption of the minor prior to the minor's birth under
sections 3107.0610 to 3107.0616 of the Revised Code does not
become effective until seventy-two hours after the birth of the
minor under section 3107.08 of the Revised Code;
(M) A statement notifying the putative father that
provisional consent that has become effective may be withdrawn
pursuant to section 3107.084 of the Revised Code;
(N) A description of the purpose of the putative father
registry and the rights to which a registered putative father is
entitled;
(O) A copy of the Ohio department of job and family services
putative father registry form;
(P) Instructions describing how to complete and submit the
putative father registry form;
(Q) The web site address for online registration with the
putative father registry;
(R) A statement explaining that if a putative father fails to
register with the putative father registry, the putative father:
(1) Shall lose the right to consent to the adoption of the
minor subject to the notice;
(2) Cannot provide provisional consent to the adoption of the
minor prior to the minor's birth under sections 3107.0610 to
3107.0616 of the Revised Code.
(S) A statement recommending that the recipient consider
consulting with an attorney regarding the notice and the rights
and responsibilities of a putative father.
Sec. 3107.0612. A putative father shall have thirty days
from the date he receives notice under section 3107.0610 of the
Revised Code to provide provisional consent to the adoption of the
minor subject to the notice.
Sec. 3107.0613. A putative father who receives notice under
section 3107.0610 of the Revised Code shall register with the
putative father registry under section 3107.062 of the Revised
Code in order to provide provisional consent to the adoption of
the minor prior to the minor's birth under sections 3107.0610 to
3107.0616 of the Revised Code.
Sec. 3107.0614. (A) If a putative father who receives notice
under section 3107.0610 of the Revised Code decides to provide
provisional consent to the adoption of the minor subject to the
notice, the putative father shall respond as follows:
(1) The putative father shall, without appearing personally
before a court, consent to the adoption of the minor by executing
the consent in the presence of a person authorized to take
acknowledgments.
(2) The putative father shall send the following by certified
mail to the person that sent the notice:
(a) A copy of the consent;
(b) Confirmation received from the Ohio putative father
registrar's office that the putative father has been entered into
the putative father registry.
(B) If the consent and confirmation are sent to the birth
mother, the birth mother shall, upon its receipt, send a copy to
the attorney or other representative working on the birth mother's
behalf.
(C) Upon receipt of the consent and confirmation from the
putative father or the birth mother, the attorney or
representative shall file the consent and confirmation with the
court, provide the birth mother and putative father with a copy of
the consent and confirmation, and retain a copy of both in the
attorney's or representative's records. The court shall keep a
copy of the consent and confirmation.
Sec. 3107.0615. (A) A putative father may revoke his
provisional consent made pursuant to section 3107.0614 of the
Revised Code at any time after providing the consent but not later
than seventy-two hours after the birth of the minor subject to the
consent.
(B) The putative father, without appearing personally before
a court, may execute the revocation in the presence of a person
authorized to take acknowledgments and shall send a copy of such
revocation, by certified mail, to the person that sent the
putative father the notice under section 3107.0610 of the Revised
Code regarding the minor.
(C) If a revocation is sent to the birth mother, the birth
mother shall, upon its receipt, send a copy to the attorney or
other representative working on the birth mother's behalf.
(D) Upon receipt of a revocation from a putative father or
the birth mother, the attorney or representative shall file the
revocation with the court, provide the birth mother and putative
father with a copy of the revocation, and retain a copy in the
attorney's or representative's records. The court shall keep a
copy of the revocation.
Sec. 3107.0616. If provisional consent is not revoked under
section 3107.0615 of the Revised Code, the consent becomes
effective seventy-two hours after the birth of the minor under
section 3107.08 of the Revised Code and may be withdrawn as
provided under section 3107.084 of the Revised Code.
Sec. 3107.16. (A) Appeals from the probate court are subject
to the Rules of Appellate Procedure and, to the extent not in
conflict with those rules, Chapter 2505. of the Revised Code.
Unless there is good cause for delay, appeals shall be heard on an
expedited basis.
(B) Subject to the disposition of an appeal, upon the
expiration of one year sixty days after an adoption decree is
issued, the decree cannot be questioned by any person, including
the petitioner, in any manner or upon any ground, including fraud,
misrepresentation, failure to give any required notice, or lack of
jurisdiction of the parties or of the subject matter, unless, in
the case of the adoption of a minor, the petitioner has not taken
custody of the minor, or, in the case of the adoption of a minor
by a stepparent, the adoption would not have been granted but for
fraud perpetrated by the petitioner or the petitioner's spouse,
or, in the case of the adoption of an adult, the adult had no
knowledge of the decree within the one-year sixty-day period.
Sec. 5103.17. (A) As used in this section, "advertise" means
a method of communication by newspaper, radio, television,
handbills, placards, or other print, broadcast, or electronic
medium that originates in this state.
(B) Subject to section 5103.16 of the Revised Code, no person
or government entity, other than a private child placing agency or
private noncustodial agency certified by the department of job and
family services under section 5103.03 of the Revised Code or a
public children services agency, shall
advertise that the person
or government entity will adopt children or place them do the
following:
(1) Advertise any of the following:
(a) That a child is being offered for adoption;
(b) That a child is wanted for adoption;
(c) That the person or government entity places, locates, and
receives children for adoption;
(d) That the person or government entity places children in
foster homes, hold.
(2) Charge, accept, pay, or offer to pay a fee for locating a
child for adoption or for locating another person to adopt a
child;
(3) Hold out any other inducements to parents to part with
their offspring, or in;
(4) In any manner knowingly become a party to the separation
of a child from the child's parents or guardians, except through a
juvenile court or probate court commitment.
Sec. 5103.171. (A) Section 5103.17 of the Revised Code does
not apply to a private child placing agency or private
noncustodial agency certified by the department of job and family
services under section 5103.03 of the Revised Code or a public
children services agency.
(B) Division (B)(1)(b) of section 5103.17 of the Revised Code
does not apply to the following:
(1) A person who is eligible to adopt under section 3107.03
of the Revised Code and has been found to be suitable to adopt a
child under a home study conducted by an assessor under section
3107.031 of the Revised Code;
(2) An attorney arranging the adoption on behalf of a person
described in division (B)(1) of this section.
Sec. 5103.172. If the department of job and family services
has reasonable cause to believe a violation of this section
5103.17 of the Revised Code has been committed, the department
shall notify the attorney general or the county prosecutor, city
attorney, village solicitor, or other chief legal officer of the
political subdivision in which the violation has allegedly
occurred. On receipt of the notification, the attorney general,
county prosecutor, city attorney, village solicitor, or other
chief legal officer shall take action to enforce this section
through injunctive relief or criminal charge.
Sec. 5103.173. An agency or attorney described in section
5103.171 of the Revised Code may charge a reasonable fee for
services provided.
Sec. 5747.37. As used in this section:
(A) "Minor child" means a person under eighteen years of age.
(B) "Legally adopt" means to adopt a minor child pursuant to
Chapter 3107. of the Revised Code, or pursuant to the laws of any
other state or nation if such an adoption is recognizable under
section 3107.18 of the Revised Code. For the purposes of this
section, a minor child is legally adopted when the final decree or
order of adoption is issued by the proper court under the laws of
the state or nation under which the child is adopted, or, in the
case of an interlocutory order of adoption, when the order becomes
final under the laws of the state or nation. "Legally adopt" does
not include the adoption of a minor child by the child's
stepparent.
There is hereby granted a credit against the tax imposed by
section 5747.02 of the Revised Code for the legal adoption by a
taxpayer of a minor child by a taxpayer who is a resident. The
amount of the credit shall be one
ten thousand five hundred
dollars for each minor child legally adopted by the taxpayer. The
taxpayer shall claim the credit for each child beginning with for
the taxable year in which the child was legally adopted. If the
sum of the credit to which the taxpayer
would otherwise be is
entitled under this section is greater than the tax due under
section 5747.02 of the Revised Code for that taxable year after
allowing for any other credits that precede the credit allowed
under this section in the order required under section 5747.98 of
the Revised Code, such excess shall be allowed as a credit in each
of the ensuing two taxable years, but the amount of any excess
credit allowed in any such taxable year shall be deducted from the
balance carried forward to the ensuing taxable year refunded to
the taxpayer. The credit shall be claimed in the order required
under section 5747.98 of the Revised Code. For the purposes of
making tax payments under this chapter, taxes equal to the amount
of the credit shall be considered to be paid to this state on the
first day of the taxable year.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is entitled in the following order:
(1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code;
(2) The senior citizen credit under division (C) of section
5747.05 of the Revised Code;
(3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code;
(4) The dependent care credit under section 5747.054 of the
Revised Code;
(5) The lump sum retirement income credit under division (C)
of section 5747.055 of the Revised Code;
(6) The lump sum retirement income credit under division (D)
of section 5747.055 of the Revised Code;
(7) The lump sum retirement income credit under division (E)
of section 5747.055 of the Revised Code;
(8) The low-income credit under section 5747.056 of the
Revised Code;
(9) The credit for displaced workers who pay for job training
under section 5747.27 of the Revised Code;
(10) The campaign contribution credit under section 5747.29
of the Revised Code;
(11) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code;
(12) The joint filing credit under division (G) of section
5747.05 of the Revised Code;
(13) The nonresident credit under division (A) of section
5747.05 of the Revised Code;
(14) The credit for a resident's out-of-state income under
division (B) of section 5747.05 of the Revised Code;
(15) The earned income credit under section 5747.71 of the
Revised Code;
(16) The credit for employers that reimburse employee child
care expenses under section 5747.36 of the Revised Code;
(17) The credit for adoption of a minor child under section
5747.37 of the Revised Code;
(18) The credit for purchases of lights and reflectors under
section 5747.38 of the Revised Code;
(19)(18) The nonrefundable job retention credit under
division (B) of section 5747.058 of the Revised Code;
(20)(19) The credit for selling alternative fuel under
section 5747.77 of the Revised Code;
(21)(20) The second credit for purchases of new manufacturing
machinery and equipment and the credit for using Ohio coal under
section 5747.31 of the Revised Code;
(22)(21) The job training credit under section 5747.39 of the
Revised Code;
(23)(22) The enterprise zone credit under section 5709.66 of
the Revised Code;
(24)(23) The credit for the eligible costs associated with a
voluntary action under section 5747.32 of the Revised Code;
(25)(24) The credit for employers that establish on-site
child day-care centers under section 5747.35 of the Revised Code;
(26)(25) The ethanol plant investment credit under section
5747.75 of the Revised Code;
(27)(26) The credit for purchases of qualifying grape
production property under section 5747.28 of the Revised Code;
(28)(27) The small business investment credit under section
5747.81 of the Revised Code;
(29)(28) The enterprise zone credits under section 5709.65 of
the Revised Code;
(30)(29) The research and development credit under section
5747.331 of the Revised Code;
(31)(30) The credit for rehabilitating a historic building
under section 5747.76 of the Revised Code;
(32)(31) The refundable credit for rehabilitating a historic
building under section 5747.76 of the Revised Code;
(33)(32) The refundable jobs creation credit or job retention
credit under division (A) of section 5747.058 of the Revised Code;
(34)(33) The refundable credit for taxes paid by a qualifying
entity granted under section 5747.059 of the Revised Code;
(35)(34) The refundable credits for taxes paid by a
qualifying pass-through entity granted under division (J) of
section 5747.08 of the Revised Code;
(36)(35) The refundable credit under section 5747.80 of the
Revised Code for losses on loans made to the Ohio venture capital
program under sections 150.01 to 150.10 of the Revised Code;
(37)(36) The refundable motion picture production credit
under section 5747.66 of the Revised Code.
(38)(37) The refundable credit for financial institution
taxes paid by a pass-through entity granted under section 5747.65
of the Revised Code;
(38) The refundable credit for adoption of a minor child
under section 5747.37 of the Revised Code.
(B) For any credit, except the refundable credits enumerated
in this section and the credit granted under division (I) of
section 5747.08 of the Revised Code, the amount of the credit for
a taxable year shall not exceed the tax due after allowing for any
other credit that precedes it in the order required under this
section. Any excess amount of a particular credit may be carried
forward if authorized under the section creating that credit.
Nothing in this chapter shall be construed to allow a taxpayer to
claim, directly or indirectly, a credit more than once for a
taxable year.
Section 2. That existing sections 3107.055, 3107.16, 5103.17,
5747.37, and 5747.98 of the Revised Code are hereby repealed.
Section 3. The amendment by this act of sections 5747.37 and
5747.98 of the Revised Code applies to taxable years beginning on
or after January 1, 2014.
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