As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 180 5
1999-2000 6
SENATORS KEARNS-SCHAFRATH-DRAKE-MUMPER-GARDNER 7
REPRESENTATIVES O'BRIEN-WILLAMOWSKI-WINKLER 9
_________________________________________________________________ 11
A B I L L
To amend sections 109.573, 145.27, 145.56, 148.09, 13
149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 14
909.131, 917.24, 918.45, 919.21, 921.30, 926.102, 15
927.521, 943.19, 1321.05, 1321.84, 1322.101,
1347.08, 1349.01, 1533.82, 1541.42, 1547.544, 16
1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 17
2151.232, 2151.33, 2151.36, 2151.49, 2301.03,
2301.356, 2301.358, 2301.371, 2301.375, 2301.39, 18
2301.99, 2317.02, 2329.66, 2705.02, 2705.031, 19
2716.01, 2919.22, 2919.231, 3103.03, 3103.031,
3105.18, 3105.21, 3105.63, 3105.65, 3107.01, 20
3107.06, 3107.064, 3107.15, 3109.04, 3109.05, 21
3109.051, 3109.052, 3109.11, 3109.12, 3109.19, 22
3109.21, 3109.27, 3109.28, 3111.01, 3111.02,
3111.03, 3111.04, 3111.06, 3111.07, 3111.08, 24
3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 25
3111.13, 3111.15, 3111.16, 3111.17, 3111.221,
3111.29, 3111.30, 3111.31, 3111.34, 3111.35, 26
3111.36, 3111.37, 3111.38, 3111.99, 3113.04,
3113.07, 3113.16, 3113.212, 3113.219, 3113.2111, 27
3113.31, 3113.99, 3115.01, 3115.03, 3115.04, 28
3115.05, 3115.08, 3115.09, 3115.11, 3115.14,
3115.16, 3115.17, 3115.28, 3115.31, 3115.32, 29
3115.33, 3115.34, 3115.35, 3115.36, 3115.37, 30
3115.42, 3115.49, 3115.52, 3115.56, 3301.071, 31
3301.074, 3301.71, 3304.42, 3305.08, 3307.20, 32
2
3307.41, 3309.22, 3309.66, 3319.088, 3319.29,
3319.31, 3319.312, 3332.031, 3332.18, 3701.915, 33
3705.09, 3705.091, 3710.19, 3719.82, 3723.18, 34
3727.17, 3737.883, 3742.20, 3770.07, 3770.071, 35
3773.36, 3773.42, 3773.59, 3783.09, 3905.53,
3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 36
3949.22, 3951.10, 3959.17, 4104.21, 4123.67, 37
4141.282, 4501.25, 4506.071, 4507.08, 4507.111,
4507.16, 4507.34, 4507.99, 4511.191, 4701.28, 38
4703.12, 4703.16, 4703.36, 4703.52, 4705.021, 39
4707.23, 4709.26, 4713.27, 4715.40, 4717.16, 40
4723.07, 4723.09, 4723.341, 4723.63, 4725.20,
4725.531, 4727.031, 4728.031, 4729.67, 4730.251, 41
4731.76, 4732.27, 4733.15, 4733.27, 4734.22, 42
4735.05, 4735.33, 4736.17, 4738.072, 4739.07,
4739.16, 4740.101, 4741.02, 4741.32, 4747.16, 43
4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 44
4755.09, 4755.61, 4755.66, 4757.19, 4759.11, 45
4761.03, 4761.12, 4763.03, 4763.18, 4765.56,
5101.313, 5101.316, 5101.317, 5101.318, 5101.32, 47
5101.322, 5101.326, 5101.327, 5101.36, 5101.37,
5101.99, 5104.011, 5104.44, 5107.20, 5107.22, 48
5107.80, 5123.083, 5126.251, 5153.16, 5505.04, 50
5505.22, 5703.21, 5747.121, and 5747.18; to
amend, for the purpose of adopting new section 51
numbers as indicated in parentheses, sections 52
2301.354 (3125.17), 2301.356 (3111.61), 2301.358 53
(3111.53), 2301.371 (3121.07), 2301.375 54
(3123.62), 2301.39 (3123.16), 3111.221 (3111.58), 55
3111.29 (3111.19), 3111.30 (3111.88), 3111.31
(3111.89), 3111.32 (3111.90), 3111.33 (3111.91), 56
3111.34 (3111.92), 3111.35 (3111.93), 3111.36 57
(3111.94), 3111.37 (3111.95), 3111.38 (3111.96), 58
3113.16 (3121.08), 3113.212 (3121.14), 3113.219 59
3
(3123.17), 3113.2110 (3123.18), 3113.2111
(3119.962), 3701.915 (3748.121), 3921.281 61
(3921.331), 5101.313 (3111.69), 5101.316
(3121.92), 5101.317 (3125.38), 5101.318 62
(3121.91), 5101.32 (3123.81), 5101.322 (3125.07), 63
5101.326 (3123.85), and 5101.327 (3123.88); to 64
enact new sections 3111.20, 3111.21, 3111.22, 65
3111.23, 3111.24, 3111.25, 3111.26, 3111.27, 66
3111.28, 3111.29, 3111.30, 3111.31, 3111.32,
3111.33, 3111.34, 3111.35, and 3111.38 and 68
sections 3111.381, 3111.39, 3111.40, 3111.41,
3111.42, 3111.421, 3111.43, 3111.44, 3111.45, 69
3111.46, 3111.47, 3111.48, 3111.49, 3111.50, 70
3111.51, 3111.52, 3111.54, 3111.611, 3111.64,
3111.65, 3111.66, 3111.67, 3111.71, 3111.72, 71
3111.73, 3111.74, 3111.77, 3111.78, 3111.80, 72
3111.81, 3111.82, 3111.821, 3111.83, 3111.831, 73
3111.832, 3111.84, 3111.85, 3119.01, 3119.02,
3119.021, 3119.022, 3119.023, 3119.024, 3119.03, 74
3119.04, 3119.05, 3119.06, 3119.07, 3119.08, 75
3119.09, 3119.22, 3119.23, 3119.24, 3119.27, 76
3119.28, 3119.30, 3119.301, 3119.31, 3119.33, 77
3119.34, 3119.35, 3119.37, 3119.38, 3119.40, 78
3119.41, 3119.43, 3119.44, 3119.45, 3119.46,
3119.47, 3119.48, 3119.49, 3119.491, 3119.50, 79
3119.51, 3119.52, 3119.53, 3119.54, 3119.56, 80
3119.57, 3119.58, 3119.60, 3119.61, 3119.63, 81
3119.64, 3119.65, 3119.66, 3119.67, 3119.68,
3119.69, 3119.70, 3119.71, 3119.72, 3119.73, 82
3119.74, 3119.75, 3119.76, 3119.79, 3119.80, 83
3119.81, 3119.82, 3119.83, 3119.84, 3119.86,
3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 84
3119.92, 3119.93, 3119.94, 3119.96, 3119.961, 86
3119.963, 3119.964, 3119.965, 3119.966, 3119.967,
4
3121.01, 3121.02, 3121.03, 3121.031, 3121.032, 87
3121.033, 3121.034, 3121.035, 3121.036, 3121.037, 88
3121.038, 3121.039, 3121.0310, 3121.04, 3121.05, 89
3121.06, 3121.09, 3121.091, 3121.11, 3121.12, 90
3121.15, 3121.16, 3121.18, 3121.19, 3121.20,
3121.21, 3121.23, 3121.24, 3121.25, 3121.27, 91
3121.28, 3121.29, 3121.30, 3121.33, 3121.34, 92
3121.35, 3121.36, 3121.37, 3121.371, 3121.372, 93
3121.38, 3121.381, 3121.39, 3121.43, 3121.44,
3121.45, 3121.46, 3121.47, 3121.48, 3121.49, 94
3121.50, 3121.51, 3121.52, 3121.53, 3121.54, 95
3121.56, 3121.57, 3121.58, 3121.59, 3121.60,
3121.63, 3121.64, 3121.65, 3121.67, 3121.69, 96
3121.71, 3121.74, 3121.75, 3121.76, 3121.77, 97
3121.78, 3121.81, 3121.82, 3121.83, 3121.84,
3121.85, 3121.86, 3121.89, 3121.891, 3121.892, 98
3121.893, 3121.894, 3121.895, 3121.896, 3121.897, 99
3121.898, 3121.899, 3121.8910, 3121.8911, 100
3121.99, 3123.01, 3123.02, 3123.03, 3123.031,
3123.04, 3123.05, 3123.06, 3123.061, 3123.062, 101
3123.07, 3123.071, 3123.10, 3123.11, 3123.12, 102
3123.121, 3123.13, 3123.14, 3123.15, 3123.19,
3123.20, 3123.21, 3123.22, 3123.24, 3123.25, 103
3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 104
3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 105
3123.36, 3123.37, 3123.38, 3123.41, 3123.42,
3123.43, 3123.44, 3123.45, 3123.46, 3123.47, 106
3123.471, 3123.48, 3123.49, 3123.50, 3123.52, 107
3123.53, 3123.54, 3123.55, 3123.56, 3123.57,
3123.58, 3123.581, 3123.59, 3123.60, 3123.61, 108
3123.611, 3123.612, 3123.613, 3123.614, 3123.63, 109
3123.66, 3123.67, 3123.68, 3123.69, 3123.70, 110
3123.71, 3123.72, 3123.73, 3123.74, 3123.741,
3123.75, 3123.76, 3123.77, 3123.78, 3123.82, 111
5
3123.821, 3123.822, 3123.823, 3123.87, 3123.91, 112
3123.92, 3123.921, 3123.93, 3123.931, 3123.932,
3123.95, 3123.951, 3123.952, 3123.953, 3123.954, 113
3123.955, 3123.956, 3123.957, 3123.958, 3123.959, 114
3123.9510, 3123.96, 3123.961, 3123.962, 3123.99, 115
3125.01, 3125.02, 3125.03, 3125.04, 3125.05, 116
3125.06, 3125.08, 3125.10, 3125.11, 3125.12,
3125.13, 3125.14, 3125.15, 3125.16, 3125.19, 117
3125.20, 3125.21, 3125.22, 3125.24, 3125.25, 118
3125.27, 3125.28, 3125.29, 3125.30, 3125.36,
3125.37, 3125.39, 3125.41, 3125.42, 3125.43, 119
3125.44, 3125.45, 3125.46, 3125.47, 3125.48, 120
3125.49, 3125.50, 3125.51, 3125.58, 3125.59, 121
3125.60, 3125.99, and 5747.123; and to repeal
sections 2301.34, 2301.35, 2301.353, 2301.355, 122
2301.357, 2301.36, 2301.37, 2301.372, 2301.373, 123
2301.374, 2301.38, 2301.40, 2301.41, 2301.43,
2301.44, 2301.45, 2301.46, 3111.19, 3111.20, 124
3111.21, 3111.211, 3111.22, 3111.23, 3111.231, 125
3111.24, 3111.241, 3111.242, 3111.25, 3111.26, 126
3111.27, 3111.28, 3113.21, 3113.211, 3113.213,
3113.214, 3113.215, 3113.216, 3113.217, 3113.218, 127
5101.31, 5101.311, 5101.312, 5101.314, 5101.315, 128
5101.319, 5101.321, 5101.323, 5101.324, and 129
5101.325 of the Revised Code to make changes to
the laws governing child support, to require that 130
a child's parents' wishes and concerns be 131
considered when determining whether to grant 132
companionship or visitation to a person other 133
than the parent, to maintain the right of the 134
parents and relatives of a deceased parent of a 135
child to visitation or companionship after a 136
stepparent adoption, and to amend the version of 137
section 5703.21 of the Revised Code that is 138
6
scheduled to take effect January 1, 2002, to
continue the provisions of this act on and after 139
that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 141
Section 1. That sections 109.573, 145.27, 145.56, 148.09, 143
149.43, 169.03, 169.08, 329.04, 742.41, 742.47, 909.131, 917.24, 144
918.45, 919.21, 921.30, 926.102, 927.521, 943.19, 1321.05, 145
1321.84, 1322.101, 1347.08, 1349.01, 1533.82, 1541.42, 1547.544, 146
1561.52, 1565.25, 1905.201, 2151.23, 2151.231, 2151.232, 2151.33, 147
2151.36, 2151.49, 2301.03, 2301.356, 2301.358, 2301.371, 148
2301.375, 2301.39, 2301.99, 2317.02, 2329.66, 2705.02, 2705.031, 149
2716.01, 2919.22, 2919.231, 3103.03, 3103.031, 3105.18, 3105.21, 150
3105.63, 3105.65, 3107.01, 3107.06, 3107.064, 3107.15, 3109.04, 151
3109.05, 3109.051, 3109.052, 3109.11, 3109.12, 3109.19, 3109.21, 152
3109.27, 3109.28, 3111.01, 3111.02, 3111.03, 3111.04, 3111.06, 154
3111.07, 3111.08, 3111.09, 3111.10, 3111.11, 3111.111, 3111.12, 155
3111.13, 3111.15, 3111.16, 3111.17, 3111.221, 3111.29, 3111.30,
3111.31, 3111.34, 3111.35, 3111.36, 3111.37, 3111.38, 3111.99, 156
3113.04, 3113.07, 3113.16, 3113.212, 3113.219, 3113.2111, 157
3113.31, 3113.99, 3115.01, 3115.03, 3115.04, 3115.05, 3115.08, 158
3115.09, 3115.11, 3115.14, 3115.16, 3115.17, 3115.28, 3115.31, 159
3115.32, 3115.33, 3115.34, 3115.35, 3115.36, 3115.37, 3115.42, 161
3115.49, 3115.52, 3115.56, 3301.071, 3301.074, 3301.71, 3304.42, 162
3305.08, 3307.20, 3307.41, 3309.22, 3309.66, 3319.088, 3319.29, 163
3319.31, 3319.312, 3332.031, 3332.18, 3701.915, 3705.09, 164
3705.091, 3710.19, 3719.82, 3723.18, 3727.17, 3737.883, 3742.20, 165
3770.07, 3770.071, 3773.36, 3773.42, 3773.59, 3783.09, 3905.53, 166
3921.281, 3924.48, 3924.49, 3931.13, 3941.02, 3949.22, 3951.10, 167
3959.17, 4104.21, 4123.67, 4141.282, 4501.25, 4506.071, 4507.08, 168
4507.111, 4507.16, 4507.34, 4507.99, 4511.191, 4701.28, 4703.12, 169
4703.16, 4703.36, 4703.52, 4705.021, 4707.23, 4709.26, 4713.27, 170
4715.40, 4717.16, 4723.07, 4723.09, 4723.341, 4723.63, 4725.20, 171
7
4725.531, 4727.031, 4728.031, 4729.67, 4730.251, 4731.76, 172
4732.27, 4733.15, 4733.27, 4734.22, 4735.05, 4735.33, 4736.17, 173
4738.072, 4739.07, 4739.16, 4740.101, 4741.02, 4741.32, 4747.16, 174
4749.14, 4751.12, 4753.071, 4753.15, 4755.04, 4755.09, 4755.61, 175
4755.66, 4757.19, 4759.11, 4761.03, 4761.12, 4763.03, 4763.18, 176
4765.56, 5101.313, 5101.316, 5101.317, 5101.318, 5101.32, 177
5101.322, 5101.326, 5101.327, 5101.36, 5101.37, 5101.99, 179
5104.011, 5104.44, 5107.20, 5107.22, 5107.80, 5123.083, 5126.251,
5153.16, 5505.04, 5505.22, 5703.21, 5747.121, and 5747.18 be 180
amended; sections 2301.354 (3125.17), 2301.356 (3111.61), 181
2301.358 (3111.53), 2301.371 (3121.07), 2301.375 (3123.62), 182
2301.39 (3123.16), 3111.221 (3111.58), 3111.29 (3111.19), 3111.30 183
(3111.88), 3111.31 (3111.89), 3111.32 (3111.90), 3111.33 184
(3111.91), 3111.34 (3111.92), 3111.35 (3111.93), 3111.36 185
(3111.94), 3111.37 (3111.95), 3111.38 (3111.96), 3113.16 186
(3121.08), 3113.212 (3121.14), 3113.219 (3123.17), 3113.2110 187
(3123.18), 3113.2111 (3119.962), 3701.915 (3748.121), 3921.281 188
(3921.331), 5101.313 (3111.69), 5101.316 (3121.92), 5101.317 189
(3125.38), 5101.318 (3121.91), 5101.32 (3123.81), 5101.322 190
(3125.07), 5101.326 (3123.85), and 5101.327 (3123.88) be amended 191
for the purpose of adopting new section numbers as indicated in 192
parentheses; and new sections 3111.20, 3111.21, 3111.22, 3111.23,
3111.24, 3111.25, 3111.26, 3111.27, 3111.28, 3111.29, 3111.30, 193
3111.31, 3111.32, 3111.33, 3111.34, 3111.35, and 3111.38, and 195
sections 3111.381, 3111.39, 3111.40, 3111.41, 3111.42, 3111.421, 196
3111.43, 3111.44, 3111.45, 3111.46, 3111.47, 3111.48, 3111.49, 197
3111.50, 3111.51, 3111.52, 3111.54, 3111.611, 3111.64, 3111.65, 198
3111.66, 3111.67, 3111.71, 3111.72, 3111.73, 3111.74, 3111.77, 199
3111.78, 3111.80, 3111.81, 3111.82, 3111.821, 3111.83, 3111.831, 200
3111.832, 3111.84, 3111.85, 3119.01, 3119.02, 3119.021, 3119.022, 201
3119.023, 3119.024, 3119.03, 3119.04, 3119.05, 3119.06, 3119.07, 202
3119.08, 3119.09, 3119.22, 3119.23, 3119.24, 3119.27, 3119.28, 203
3119.30, 3119.301, 3119.31, 3119.33, 3119.34, 3119.35, 3119.37, 204
3119.38, 3119.40, 3119.41, 3119.43, 3119.44, 3119.45, 3119.46, 205
8
3119.47, 3119.48, 3119.49, 3119.491, 3119.50, 3119.51, 3119.52, 206
3119.53, 3119.54, 3119.56, 3119.57, 3119.58, 3119.60, 3119.61, 207
3119.63, 3119.64, 3119.65, 3119.66, 3119.67, 3119.68, 3119.69, 208
3119.70, 3119.71, 3119.72, 3119.73, 3119.74, 3119.75, 3119.76, 209
3119.79, 3119.80, 3119.81, 3119.82, 3119.83, 3119.84, 3119.86, 210
3119.87, 3119.88, 3119.89, 3119.90, 3119.91, 3119.92, 3119.93, 211
3119.94, 3119.96, 3119.961, 3119.963, 3119.964, 3119.965, 212
3119.966, 3119.967, 3121.01, 3121.02, 3121.03, 3121.031, 213
3121.032, 3121.033, 3121.034, 3121.035, 3121.036, 3121.037, 214
3121.038, 3121.039, 3121.0310, 3121.04, 3121.05, 3121.06, 215
3121.09, 3121.091, 3121.11, 3121.12, 3121.15, 3121.16, 3121.18, 216
3121.19, 3121.20, 3121.21, 3121.23, 3121.24, 3121.25, 3121.27, 217
3121.28, 3121.29, 3121.30, 3121.33, 3121.34, 3121.35, 3121.36, 218
3121.37, 3121.371, 3121.372, 3121.38, 3121.381, 3121.39, 3121.43, 219
3121.44, 3121.45, 3121.46, 3121.47, 3121.48, 3121.49, 3121.50, 220
3121.51, 3121.52, 3121.53, 3121.54, 3121.56, 3121.57, 3121.58, 221
3121.59, 3121.60, 3121.63, 3121.64, 3121.65, 3121.67, 3121.69, 222
3121.71, 3121.74, 3121.75, 3121.76, 3121.77, 3121.78, 3121.81, 223
3121.82, 3121.83, 3121.84, 3121.85, 3121.86, 3121.89, 3121.891, 224
3121.892, 3121.893, 3121.894, 3121.895, 3121.896, 3121.897, 225
3121.898, 3121.899, 3121.8910, 3121.8911, 3121.99, 3123.01, 226
3123.02, 3123.03, 3123.031, 3123.04, 3123.05, 3123.06, 3123.061, 227
3123.062, 3123.07, 3123.071, 3123.10, 3123.11, 3123.12, 3123.121, 228
3123.13, 3123.14, 3123.15, 3123.19, 3123.20, 3123.21, 3123.22, 229
3123.24, 3123.25, 3123.26, 3123.27, 3123.28, 3123.29, 3123.30, 230
3123.31, 3123.32, 3123.33, 3123.34, 3123.35, 3123.36, 3123.37, 231
3123.38, 3123.41, 3123.42, 3123.43, 3123.44, 3123.45, 3123.46, 232
3123.47, 3123.471, 3123.48, 3123.49, 3123.50, 3123.52, 3123.53, 233
3123.54, 3123.55, 3123.56, 3123.57, 3123.58, 3123.581, 3123.59, 234
3123.60, 3123.61, 3123.611, 3123.612, 3123.613, 3123.614, 235
3123.63, 3123.66, 3123.67, 3123.68, 3123.69, 3123.70, 3123.71, 236
3123.72, 3123.73, 3123.74, 3123.741, 3123.75, 3123.76, 3123.77, 237
3123.78, 3123.82, 3123.821, 3123.822, 3123.823, 3123.87, 3123.91, 238
3123.92, 3123.921, 3123.93, 3123.931, 3123.932, 3123.95, 239
9
3123.951, 3123.952, 3123.953, 3123.954, 3123.955, 3123.956, 240
3123.957, 3123.958, 3123.959, 3123.9510, 3123.96, 3123.961, 241
3123.962, 3123.99, 3125.01, 3125.02, 3125.03, 3125.04, 3125.05, 242
3125.06, 3125.08, 3125.10, 3125.11, 3125.12, 3125.13, 3125.14, 243
3125.15, 3125.16, 3125.19, 3125.20, 3125.21, 3125.22, 3125.24, 244
3125.25, 3125.27, 3125.28, 3125.29, 3125.30, 3125.36, 3125.37, 245
3125.39, 3125.41, 3125.42, 3125.43, 3125.44, 3125.45, 3125.46, 246
3125.47, 3125.48, 3125.49, 3125.50, 3125.51, 3125.58, 3125.59, 247
3125.60, 3125.99, and 5147.123 of the Revised Code be enacted to 248
read as follows:
Sec. 109.573. (A) As used in this section: 257
(1) "DNA" means human deoxyribonucleic acid. 259
(2) "DNA analysis" means a laboratory analysis of a DNA 261
specimen to identify DNA characteristics and to create a DNA 263
record.
(3) "DNA database" means a collection of DNA records from 266
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 268
sections 2151.315 and 2901.07 of the Revised Code and a 269
population statistics database for determining the frequency of 270
occurrence of characteristics in DNA records. 271
(4) "DNA record" means the objective result of a DNA 273
analysis of a DNA specimen, including representations of DNA 275
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 276
that aid in establishing the identity of an individual. 277
(5) "DNA specimen" includes human blood cells or 279
physiological tissues or body fluids. 280
(6) "Unidentified person database" means a collection of 282
DNA records, and, on and after the effective date of this 283
amendment MAY 21, 1998, of fingerprint and photograph records, of 285
unidentified human corpses, human remains, or living individuals.
(7) "Relatives of missing persons database" means a 287
collection of DNA records of persons related by consanguinity of 289
10
the first degree to a missing person. 290
(8) "Law enforcement agency" means a police department, 292
the office of a sheriff, the state highway patrol, a county 293
prosecuting attorney, or a federal, state, or local governmental 294
body that enforces criminal laws and that has employees who have 295
a statutory power of arrest. 296
(B)(1) The superintendent of the bureau of criminal 298
identification and investigation may do all of the following: 299
(a) Establish and maintain a state DNA laboratory to 302
perform DNA analysis of DNA specimens; 303
(b) Establish and maintain a DNA database; 306
(c) Establish and maintain an unidentified person database 309
to aid in the establishment of the identity of unknown human
corpses, human remains, or living individuals; 310
(d) Establish and maintain a relatives of missing persons 313
database for comparison with the unidentified person database to 314
aid in the establishment of the identity of unknown human 315
corpses, human remains, and living individuals.
(2) If the bureau of criminal identification and 317
investigation establishes and maintains a DNA laboratory and a 318
DNA database, the bureau may use or disclose information 319
regarding DNA records for the following purposes: 320
(a) The bureau may disclose information to a law 322
enforcement agency for purposes of identification. 323
(b) The bureau shall disclose pursuant to a court order 326
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 328
relationship in an action brought under sections 3111.01 to
3111.19 3111.18 of the Revised Code. 330
(c) The bureau may use or disclose information from the 333
population statistics database, for identification research and 334
protocol development, or for quality control purposes.
(3) If the bureau of criminal identification and 336
investigation establishes and maintains a relatives of missing 337
11
persons database, all of the following apply: 338
(a) If a person has disappeared and has been continuously 341
absent from the person's place of last domicile for a thirty-day 342
or longer period of time without being heard from during the
period, persons related by consanguinity of the first degree to 344
the missing person may submit to the bureau a DNA specimen, the 345
bureau may include the DNA record of the specimen in the 347
relatives of missing persons database, and, if the bureau does 348
not include the DNA record of the specimen in the relatives of 349
missing persons database, the bureau shall retain the DNA record 350
for future reference and inclusion as appropriate in that 351
database.
(b) The bureau shall not charge a fee for the submission 354
of a DNA specimen pursuant to division (B)(3)(a) of this section. 356
(c) A physician, registered nurse, licensed practical 358
nurse, duly licensed clinical laboratory technician, or other 359
qualified medical practitioner shall conduct the collection 360
procedure for the DNA specimen submitted pursuant to division 361
(B)(3)(a) of this section and shall collect the DNA specimen in a 363
medically approved manner. No later than fifteen days after the 364
date of the collection of the DNA specimen, the person conducting 366
the DNA specimen collection procedure shall cause the DNA 368
specimen to be forwarded to the bureau of criminal identification 370
and investigation in accordance with procedures established by 371
the superintendent of the bureau under division (H) of this 372
section. The bureau may provide the specimen vials, mailing 373
tubes, labels, postage, and instruction needed for the collection 374
and forwarding of the DNA specimen to the bureau. 376
(d) The superintendent, in the superintendent's 378
discretion, may compare DNA records in the relatives of missing 380
persons database with the DNA records in the unidentified person 381
database.
(4) If the bureau of criminal identification and 383
investigation establishes and maintains an unidentified person 384
12
database and if the superintendent of the bureau identifies a 386
matching DNA record for the DNA record of a person or deceased 387
person whose DNA record is contained in the unidentified person 389
database, the superintendent shall inform the coroner who 390
submitted or the law enforcement agency that submitted the DNA 391
specimen to the bureau of the match and, if possible, of the 392
identity of the unidentified person.
(5) The bureau of criminal identification and 394
investigation may enter into a contract with a qualified public 395
or private laboratory to perform DNA analyses, DNA specimen 396
maintenance, preservation, and storage, DNA record keeping, and 397
other duties required of the bureau under this section. A public 398
or private laboratory under contract with the bureau shall follow 399
quality assurance and privacy requirements established by the 400
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 402
identification and investigation shall establish procedures for 403
entering into the DNA database the DNA records submitted pursuant 405
to sections 2151.315 and 2901.07 of the Revised Code and for 406
determining an order of priority for entry of the DNA records 408
based on the types of offenses committed by the persons whose 409
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 412
provided pursuant to section 2151.315 or 2901.07 of the Revised
Code, the bureau of criminal identification and investigation 414
shall attach to the DNA record personal identification 415
information that identifies the person from whom the DNA specimen 416
was taken. The personal identification information may include 417
the subject person's fingerprints and any other information the 418
bureau determines necessary. The DNA record and personal 419
identification information attached to it shall be used only for 420
the purpose of personal identification or for a purpose specified
in this section. 421
(E) DNA records, DNA specimens, fingerprints, and 424
13
photographs that the bureau of criminal identification and 425
investigation receives pursuant to this section and sections 426
313.08, 2151.315, and 2901.07 of the Revised Code and personal 428
identification information attached to a DNA record are not 429
public records under section 149.43 of the Revised Code. 430
(F) The bureau of criminal identification and 432
investigation may charge a reasonable fee for providing 433
information pursuant to this section to any law enforcement 434
agency located in another state. 435
(G)(1) No person who because of the person's employment or 437
official position has access to a DNA specimen, a DNA record, or 438
other information contained in the DNA database that identifies 439
an individual shall knowingly disclose that specimen, record, or 440
information to any person or agency not entitled to receive it or 441
otherwise shall misuse that specimen, record, or information. 442
(2) No person without authorization or privilege to obtain 444
information contained in the DNA database that identifies an 445
individual person shall purposely obtain that information. 447
(H) The superintendent of the bureau of criminal 449
identification and investigation shall establish procedures for 450
all of the following: 451
(1) The forwarding to the bureau of DNA specimens 453
collected pursuant to division (H) of this section and sections 454
313.08., 2151.315, and 2901.07 of the Revised Code and of 456
fingerprints and photographs collected pursuant to section 313.08 457
of the Revised Code;
(2) The collection, maintenance, preservation, and 459
analysis of DNA specimens; 460
(3) The creation, maintenance, and operation of the DNA 462
database; 463
(4) The use and dissemination of information from the DNA 465
database; 466
(5) The creation, maintenance, and operation of the 468
unidentified person database; 469
14
(6) The use and dissemination of information from the 471
unidentified person database; 472
(7) The creation, maintenance, and operation of the 474
relatives of missing persons database; 475
(8) The use and dissemination of information from the 477
relatives of missing persons database; 478
(9) The verification of entities requesting DNA records 480
and other DNA information from the bureau and the authority of 481
the entity to receive the information; 482
(10) The operation of the bureau and responsibilities of 484
employees of the bureau with respect to the activities described 485
in this section. 486
Sec. 145.27. (A)(1) As used in this division, "personal 495
history record" means information maintained by the public 496
employees retirement board on a member, former member, 498
contributor, former contributor, retirant, or beneficiary that 499
includes the address, telephone number, social security number, 500
record of contributions, correspondence with the public employees
retirement system, or other information the board determines to 502
be confidential.
(2) The records of the board shall be open to public 504
inspection, except for the following, which shall be excluded, 505
except with the written authorization of the individual 506
concerned: 507
(a) The individual's statement of previous service and 509
other information as provided for in section 145.16 of the 510
Revised Code; 511
(b) The amount of a monthly allowance or benefit paid to 513
the individual; 514
(c) The individual's personal history record. 516
(B) All medical reports and recommendations required by 518
this chapter are privileged, except that copies of such medical 521
reports or recommendations shall be made available to the 522
personal physician, attorney, or authorized agent of the 523
15
individual concerned upon written release from the individual or 524
the individual's agent, or when necessary for the proper 525
administration of the fund, to the board assigned physician. 526
(C) Any person who is a member or contributor of the 528
system shall be furnished with a statement of the amount to the 529
credit of the individual's account upon written request. The 531
board is not required to answer more than one such request of a 532
person in any one year. The board may issue annual statements of 533
accounts to members and contributors. 534
(D) Notwithstanding the exceptions to public inspection in 536
division (A)(2) of this section, the board may furnish the 537
following information: 538
(1) If a member, former member, contributor, former 540
contributor, or retirant is subject to an order issued under 541
section 2907.15 of the Revised Code or is convicted of or pleads 542
guilty to a violation of section 2921.41 of the Revised Code, on 543
written request of a prosecutor as defined in section 2935.01 of 544
the Revised Code, the board shall furnish to the prosecutor the 545
information requested from the individual's personal history 546
record. 547
(2) Pursuant to a court or administrative order issued 549
under section 3111.23 PURSUANT TO CHAPTER 3119., 3121., 3123., or 552
3113.21 3125. of the Revised Code, the board shall furnish to a 554
court or child support enforcement agency the information 555
required under that section.
(3) At the written request of any person, the board shall 557
provide to the person a list of the names and addresses of 558
members, former members, contributors, former contributors, 559
retirants, or beneficiaries. The costs of compiling, copying, 560
and mailing the list shall be paid by such person. 561
(4) Within fourteen days after receiving from the director 563
of job and family services a list of the names and social 564
security numbers of recipients of public assistance pursuant to 566
section 5101.181 of the Revised Code, the board shall inform the 567
16
auditor of state of the name, current or most recent employer 568
address, and social security number of each member whose name and 569
social security number are the same as that of a person whose 570
name or social security number was submitted by the director. 571
The board and its employees shall, except for purposes of 572
furnishing the auditor of state with information required by this 573
section, preserve the confidentiality of recipients of public 574
assistance in compliance with division (A) of section 5101.181 of 575
the Revised Code.
(E) A statement that contains information obtained from 577
the system's records that is signed by the executive director of 578
the retirement system and to which the system's official seal is 579
affixed, or copies of the system's records to which the signature 580
and seal are attached, shall be received as true copies of the 581
system's records in any court or before any officer of this 582
state. 583
Sec. 145.56. The right of a person to a pension, an 592
annuity, or a retirement allowance itself, any optional benefit, 593
any other right accrued or accruing to any person, under this 594
chapter, or of any municipal retirement system established 595
subject to this chapter, under the laws of this state or any 597
charter, the various funds created by this chapter, or under such 598
municipal retirement system, and all moneys and investments and 599
income thereof, are exempt from any state tax, except the tax 600
imposed by section 5747.02 of the Revised Code and are exempt 602
from any county, municipal, or other local tax, except taxes 603
imposed pursuant to section 5748.02 or 5748.08 of the Revised 604
Code and, except as provided in sections SECTION 145.57, 3111.23, 606
and 3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of the 610
Revised Code, shall not be subject to execution, garnishment,
attachment, the operation of bankruptcy or the insolvency laws, 611
or other process of law, and shall be unassignable except as 612
specifically provided in this chapter and sections 3111.23 and 613
3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of the Revised 616
17
Code.
Sec. 148.09. Except as provided in sections 3105.171, AND 625
3105.63, and 3113.21 CHAPTERS 3119., 3121., 3123., AND 3125. of 627
the Revised Code and this chapter, a participant account or any 628
benefit or other right accrued or accruing to any person under 629
this chapter or under a deferred compensation program offered by 631
a government unit, as defined in section 148.06 of the Revised 633
Code, or by a municipal corporation shall not be subject to 634
execution, garnishment, attachment, sale to satisfy a judgment or 635
order, the operation of bankruptcy or insolvency laws, or other 636
process of law and shall be unassignable.
Sec. 149.43. (A) As used in this section: 648
(1) "Public record" means any record that is kept by any 650
public office, including, but not limited to, state, county, 651
city, village, township, and school district units, except that 653
"public record" does not mean any of the following:
(a) Medical records; 655
(b) Records pertaining to probation and parole 657
proceedings;
(c) Records pertaining to actions under section 2151.85 659
and division (C) of section 2919.121 of the Revised Code and to 661
appeals of actions arising under those sections; 662
(d) Records pertaining to adoption proceedings, including 664
the contents of an adoption file maintained by the department of 665
health under section 3705.12 of the Revised Code; 666
(e) Information in a record contained in the putative 668
father registry established by section 3107.062 of the Revised 669
Code, regardless of whether the information is held by the 670
department of job and family services or, pursuant to section 672
5101.313 3111.69 of the Revised Code, the division OFFICE of 673
child support in the department or a child support enforcement 674
agency;
(f) Records listed in division (A) of section 3107.42 of 676
the Revised Code or specified in division (A) of section 3107.52 677
18
of the Revised Code;
(g) Trial preparation records; 679
(h) Confidential law enforcement investigatory records; 681
(i) Records containing information that is confidential 683
under section 2317.023 or 4112.05 of the Revised Code; 684
(j) DNA records stored in the DNA database pursuant to 687
section 109.573 of the Revised Code;
(k) Inmate records released by the department of 689
rehabilitation and correction to the department of youth services 691
or a court of record pursuant to division (E) of section 5120.21 692
of the Revised Code;
(l) Records maintained by the department of youth services 694
pertaining to children in its custody released by the department 695
of youth services to the department of rehabilitation and 696
correction pursuant to section 5139.05 of the Revised Code; 697
(m) Intellectual property records; 699
(n) Donor profile records; 701
(o) Records maintained by the department of job and family 704
services pursuant to section 5101.312 3121.894 of the Revised 705
Code;
(p) Peace officer residential and familial information; 707
(q) In the case of a county hospital operated pursuant to 710
Chapter 339. of the Revised Code, information that constitutes a 711
trade secret, as defined in section 1333.61 of the Revised Code; 712
(r) Information pertaining to the recreational activities 714
of a person under the age of eighteen; 715
(s) Records provided to, statements made by review board 717
members during meetings of, and all work products of a child 719
fatality review board acting under sections 307.621 to 307.629 of 720
the Revised Code, other than the report prepared pursuant to 722
section 307.626 of the Revised Code; 723
(s)(t) Records provided to and statements made by the 725
executive director of a public children services agency or a 727
prosecuting attorney acting pursuant to section 5153.171 of the 729
19
Revised Code other than the information released under that 731
section;
(t)(u) Test materials, examinations, or evaluation tools 733
used in an examination for licensure as a nursing home 735
administrator that the board of examiners of nursing home 736
administrators administers under section 4751.04 of the Revised 737
Code or contracts under that section with a private or government 738
entity to administer;
(s)(v) Records the release of which is prohibited by state 740
or federal law. 741
(2) "Confidential law enforcement investigatory record" 743
means any record that pertains to a law enforcement matter of a 744
criminal, quasi-criminal, civil, or administrative nature, but 745
only to the extent that the release of the record would create a 746
high probability of disclosure of any of the following: 747
(a) The identity of a suspect who has not been charged 749
with the offense to which the record pertains, or of an 750
information source or witness to whom confidentiality has been 751
reasonably promised; 752
(b) Information provided by an information source or 754
witness to whom confidentiality has been reasonably promised, 755
which information would reasonably tend to disclose the source's 756
or witness's identity; 757
(c) Specific confidential investigatory techniques or 759
procedures or specific investigatory work product; 760
(d) Information that would endanger the life or physical 762
safety of law enforcement personnel, a crime victim, a witness, 763
or a confidential information source. 764
(3) "Medical record" means any document or combination of 766
documents, except births, deaths, and the fact of admission to or 767
discharge from a hospital, that pertains to the medical history, 768
diagnosis, prognosis, or medical condition of a patient and that 769
is generated and maintained in the process of medical treatment. 770
(4) "Trial preparation record" means any record that 772
20
contains information that is specifically compiled in reasonable 773
anticipation of, or in defense of, a civil or criminal action or 774
proceeding, including the independent thought processes and 775
personal trial preparation of an attorney. 776
(5) "Intellectual property record" means a record, other 779
than a financial or administrative record, that is produced or
collected by or for faculty or staff of a state institution of 780
higher learning in the conduct of or as a result of study or 781
research on an educational, commercial, scientific, artistic, 782
technical, or scholarly issue, regardless of whether the study or 783
research was sponsored by the institution alone or in conjunction
with a governmental body or private concern, and that has not 785
been publicly released, published, or patented. 786
(6) "Donor profile record" means all records about donors 788
or potential donors to a public institution of higher education 789
except the names and reported addresses of the actual donors and 790
the date, amount, and conditions of the actual donation. 791
(7) "Peace officer residential and familial information" 793
means either of the following: 794
(a) Any information maintained in a personnel record of a 796
peace officer that discloses any of the following: 797
(i) The address of the actual personal residence of a 799
peace officer, except for the state or political subdivision in 800
which the peace officer resides; 801
(ii) Information compiled from referral to or 803
participation in an employee assistance program; 804
(iii) The social security number, the residential 806
telephone number, any bank account, debit card, charge card, or 807
credit card number, or the emergency telephone number of, or any 808
medical information pertaining to, a peace officer; 809
(iv) The name of any beneficiary of employment benefits, 811
including, but not limited to, life insurance benefits, provided 813
to a peace officer by the peace officer's employer; 814
(v) The identity and amount of any charitable or 816
21
employment benefit deduction made by the peace officer's employer 817
from the peace officer's compensation unless the amount of the 818
deduction is required by state or federal law; 819
(vi) The name, the residential address, the name of the 821
employer, the address of the employer, the social security 822
number, the residential telephone number, any bank account, debit 823
card, charge card, or credit card number, or the emergency 824
telephone number of the spouse, a former spouse, or any child of 825
a peace officer.
(b) Any record that identifies a person's occupation as a 827
peace officer other than statements required to include the 828
disclosure of that fact under the campaign finance law. 830
As used in divisions (A)(7) and (B)(5) of this section, 832
"peace officer" has the same meaning as in section 109.71 of the 834
Revised Code and also includes the superintendent and troopers of 835
the state highway patrol; it does not include the sheriff of a 837
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority 838
of, and perform the duties of the sheriff. 839
(8) "Information pertaining to the recreational activities 841
of a person under the age of eighteen" means information that is 843
kept in the ordinary course of business by a public office, that 844
pertains to the recreational activities of a person under the age
of eighteen years, and that discloses any of the following: 846
(a) The address or telephone number of a person under the 848
age of eighteen or the address or telephone number of that 849
person's parent, guardian, custodian, or emergency contact 850
person;
(b) The social security number, birth date, or 852
photographic image of a person under the age of eighteen; 853
(c) Any medical record, history, or information pertaining 855
to a person under the age of eighteen; 856
(d) Any additional information sought or required about a 858
person under the age of eighteen for the purpose of allowing that 859
22
person to participate in any recreational activity conducted or 860
sponsored by a public office or to use or obtain admission 862
privileges to any recreational facility owned or operated by a 863
public office.
(B)(1) Subject to division (B)(4) of this section, all 865
public records shall be promptly prepared and made available for 867
inspection to any person at all reasonable times during regular 868
business hours. Subject to division (B)(4) of this section, upon 869
request, a public office or person responsible for public records 870
shall make copies available at cost, within a reasonable period 871
of time. In order to facilitate broader access to public 872
records, public offices shall maintain public records in a manner 873
that they can be made available for inspection in accordance with 874
this division.
(2) If any person chooses to obtain a copy of a public 876
record in accordance with division (B)(1) of this section, the 878
public office or person responsible for the public record shall
permit that person to choose to have the public record duplicated 880
upon paper, upon the same medium upon which the public office or 881
person responsible for the public record keeps it, or upon any 883
other medium upon which the public office or person responsible
for the public record determines that it reasonably can be 885
duplicated as an integral part of the normal operations of the 886
public office or person responsible for the public record. When 887
the person seeking the copy makes a choice under this division, 888
the public office or person responsible for the public record 889
shall provide a copy of it in accordance with the choice made by 891
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1) 893
of this section, a public office or person responsible for public 894
records shall transmit a copy of a public record to any person by 895
United States mail within a reasonable period of time after 896
receiving the request for the copy. The public office or person 898
responsible for the public record may require the person making 899
23
the request to pay in advance the cost of postage and other 900
supplies used in the mailing. 901
Any public office may adopt a policy and procedures that it 904
will follow in transmitting, within a reasonable period of time 905
after receiving a request, copies of public records by United 907
States mail pursuant to this division. A public office that 909
adopts a policy and procedures under this division shall comply 910
with them in performing its duties under this division. 911
In any policy and procedures adopted under this division, a 913
public office may limit the number of records requested by a 914
person that the office will transmit by United States mail to ten 915
per month, unless the person certifies to the office in writing 916
that the person does not intend to use or forward the requested 917
records, or the information contained in them, for commercial 919
purposes. For purposes of this division, "commercial" shall be 920
narrowly construed and does not include reporting or gathering
news, reporting or gathering information to assist citizen 921
oversight or understanding of the operation or activities of 922
government, or nonprofit educational research. 923
(4) A public office or person responsible for public 925
records is not required to permit a person who is incarcerated 926
pursuant to a criminal conviction or a juvenile adjudication to 927
inspect or to obtain a copy of any public record concerning a 928
criminal investigation or prosecution or concerning what would be 929
a criminal investigation or prosecution if the subject of the 930
investigation or prosecution were an adult, unless the request to 931
inspect or to obtain a copy of the record is for the purpose of 932
acquiring information that is subject to release as a public 933
record under this section and the judge who imposed the sentence 934
or made the adjudication with respect to the person, or the 935
judge's successor in office, finds that the information sought in 936
the public record is necessary to support what appears to be a 937
justiciable claim of the person. 938
(5) Upon written request made and signed by a journalist 940
24
on or after December 16, 1999, a public office, or person 943
responsible for public records, having custody of the records of 944
the agency employing a specified peace officer shall disclose to 945
the journalist the address of the actual personal residence of 946
the peace officer and, if the peace officer's spouse, former 947
spouse, or child is employed by a public office, the name and 948
address of the employer of the peace officer's spouse, former 949
spouse, or child. The request shall include the journalist's 950
name and title and the name and address of the journalist's 951
employer and shall state that disclosure of the information 952
sought would be in the public interest. 953
As used in division (B)(5) of this section, "journalist" 955
means a person engaged in, connected with, or employed by any 956
news medium, including a newspaper, magazine, press association, 957
news agency, or wire service, a radio or television station, or a 958
similar medium, for the purpose of gathering, processing, 959
transmitting, compiling, editing, or disseminating information 960
for the general public. 961
(C) If a person allegedly is aggrieved by the failure of a 963
public office to promptly prepare a public record and to make it 965
available to the person for inspection in accordance with
division (B) of this section, or if a person who has requested a 967
copy of a public record allegedly is aggrieved by the failure of 968
a public office or the person responsible for the public record 970
to make a copy available to the person allegedly aggrieved in 971
accordance with division (B) of this section, the person 972
allegedly aggrieved may commence a mandamus action to obtain a 973
judgment that orders the public office or the person responsible 974
for the public record to comply with division (B) of this section 975
and that awards reasonable attorney's fees to the person that 976
instituted the mandamus action. The mandamus action may be 977
commenced in the court of common pleas of the county in which 978
division (B) of this section allegedly was not complied with, in 979
the supreme court pursuant to its original jurisdiction under 980
25
Section 2 of Article IV, Ohio Constitution, or in the court of 981
appeals for the appellate district in which division (B) of this 982
section allegedly was not complied with pursuant to its original 983
jurisdiction under Section 3 of Article IV, Ohio Constitution. 984
(D) Chapter 1347. of the Revised Code does not limit the 986
provisions of this section. 987
(E)(1) The bureau of motor vehicles may adopt rules 989
pursuant to Chapter 119. of the Revised Code to reasonably limit 991
the number of bulk commercial special extraction requests made by
a person for the same records or for updated records during a 992
calendar year. The rules may include provisions for charges to 993
be made for bulk commercial special extraction requests for the 995
actual cost of the bureau, plus special extraction costs, plus 996
ten per cent. The bureau may charge for expenses for redacting 997
information, the release of which is prohibited by law. 998
(2) As used in divisions (B)(3) and (E)(1) of this 1,000
section:
(a) "Actual cost" means the cost of depleted supplies, 1,002
records storage media costs, actual mailing and alternative 1,003
delivery costs, or other transmitting costs, and any direct 1,004
equipment operating and maintenance costs, including actual costs 1,005
paid to private contractors for copying services. 1,006
(b) "Bulk commercial special extraction request" means a 1,008
request for copies of a record for information in a format other 1,009
than the format already available, or information that cannot be 1,010
extracted without examination of all items in a records series, 1,011
class of records, or data base by a person who intends to use or 1,012
forward the copies for surveys, marketing, solicitation, or 1,013
resale for commercial purposes. "Bulk commercial special 1,014
extraction request" does not include a request by a person who 1,015
gives assurance to the bureau that the person making the request 1,016
does not intend to use or forward the requested copies for 1,017
surveys, marketing, solicitation, or resale for commercial 1,018
purposes.
26
(c) "Commercial" means profit-seeking production, buying, 1,020
or selling of any good, service, or other product. 1,021
(d) "Special extraction costs" means the cost of the time 1,023
spent by the lowest paid employee competent to perform the task, 1,024
the actual amount paid to outside private contractors employed by 1,025
the bureau, or the actual cost incurred to create computer 1,026
programs to make the special extraction. "Special extraction 1,027
costs" include any charges paid to a public agency for computer
or records services. 1,028
(3) For purposes of divisions (E)(1) and (2) of this 1,031
section, "commercial surveys, marketing, solicitation, or resale" 1,032
shall be narrowly construed and does not include reporting or
gathering news, reporting or gathering information to assist 1,034
citizen oversight or understanding of the operation or activities 1,035
of government, or nonprofit educational research. 1,036
Sec. 169.03. (A)(1) Every holder of unclaimed funds and, 1,045
when requested, every person which could be the holder of 1,046
unclaimed funds, under this chapter shall report to the director 1,047
of commerce with respect to the unclaimed funds as provided in 1,048
this section. The report shall be verified. 1,049
(2) With respect to items of unclaimed funds each having a 1,051
value of fifty dollars or more, the report required under 1,052
division (A)(1) of this section shall include: 1,054
(a) The full name, if known, and last known address, if 1,056
any, of each person appearing from the records of the holder to 1,057
be the owner of unclaimed funds under this chapter; 1,058
(b) In the case of unclaimed funds reported by holders 1,060
providing life insurance coverage, the full name of the insured 1,061
or annuitant and beneficiary, if any, and their last known 1,062
addresses according to such holder's records; 1,063
(c) The nature and identifying number, if any, or 1,065
description of the funds and the amount appearing from the 1,066
records to be due; 1,067
(d) The date when the funds became payable, demandable, or 1,069
27
returnable and the date of the last transaction with the owner 1,070
with respect to the funds; 1,071
(e) Subject to division (I) of this section, the social 1,073
security number of the owner of the unclaimed funds, if it is 1,074
available;
(f) Other information which the director prescribes as 1,076
necessary for the administration of this chapter. 1,077
(3) With respect to items of unclaimed funds each having a 1,079
value of less than fifty dollars, the report required under 1,080
division (A)(1) of this section shall include: 1,081
(a) Each category of items of unclaimed funds as described 1,083
in section 169.02 of the Revised Code; 1,084
(b) The number of items of unclaimed funds within each 1,086
category; 1,087
(c) The aggregated value of the items of unclaimed funds 1,089
within each category. 1,090
(B) If the holder of unclaimed funds is a successor to 1,092
other organizations that previously held the funds for the owner, 1,093
or if the holder has changed its name while holding the funds, it 1,094
shall file with the report all prior known names and addresses 1,095
and date and state of incorporation or formation of each holder 1,096
of the funds. 1,097
(C) The report shall be filed before the first day of 1,099
November of each year as of the preceding thirtieth day of June, 1,100
but the report of holders providing life insurance coverage shall 1,101
be filed before the first day of May of each year as of the 1,102
preceding thirty-first day of December. The director may 1,103
postpone, for good cause shown, the reporting date upon written 1,104
request by any holder required to file a report. 1,105
(D) The holder of unclaimed funds under this chapter shall 1,107
send notice to each owner of each item of unclaimed funds having 1,108
a value of fifty dollars or more at the last known address of the 1,111
owner as shown by the records of the holder before filing the 1,112
annual report. In case of holders providing life insurance
28
coverage, such notice shall also be mailed to each beneficiary at 1,113
the last known address of such beneficiary as shown by the 1,114
records of such holder, except that such notice to beneficiaries 1,115
shall not be mailed if such address is the same as that of the 1,116
insured and the surname of the beneficiary is the same as that of 1,117
the insured. The holder shall not report an item of unclaimed 1,118
funds earlier than the thirtieth day after the mailing of notice 1,119
required by this division. 1,120
Such notice shall set forth the nature and identifying 1,122
number, if any, or description of the funds and the amount 1,123
appearing on the records of the holder to be due the owner, and 1,124
shall inform the owner that the funds will, thirty days after the 1,125
mailing of such notice, be reported as unclaimed funds under this 1,126
chapter. A self-addressed, stamped envelope shall be included 1,127
with the notice, with instructions that the owner may use such 1,128
envelope to inform the holder of the owner's continued interest 1,130
in the funds and, if so informed before the date for making the 1,131
report to the director, the holder shall not report said funds to 1,132
the director. The notice shall be mailed by first class mail. 1,133
If there is no address of record for the owner or other person 1,134
entitled to the unclaimed funds, the holder is relieved of any 1,135
responsibility of sending notice, attempting to notify, or 1,136
notifying the owner. The mailing of notice pursuant to this 1,137
section shall discharge the holder from any further 1,138
responsibility to give notice. 1,139
(E) Verification of the report and of the mailing of 1,141
notice, where required, shall be executed by an officer of the 1,142
reporting holder. 1,143
(F)(1) The director may at reasonable times and upon 1,145
reasonable notice examine or cause to be examined, by auditors of 1,146
supervisory departments or divisions of the state, the records of 1,147
any holder to determine compliance with this chapter. 1,148
(2) Holders shall retain records, designated by the 1,150
director as applicable to unclaimed funds, for five years beyond 1,151
29
the relevant time period provided in section 169.02 of the 1,153
Revised Code, or until completion of an audit conducted pursuant 1,154
to division (F) of this section, whichever occurs first. An 1,155
audit conducted pursuant to division (F) of this section shall 1,156
not require a holder to make records available for a period of
time exceeding the records retention period set forth in division 1,158
(F) of this section, except for records pertaining to instruments 1,159
evidencing ownership, or rights to them or funds paid toward the 1,160
purchase of them, or any dividend, capital credit, profit, 1,161
distribution, interest, or payment on principal or other sum, 1,162
held or owed by a holder, including funds deposited with a fiscal 1,163
agent or fiduciary for payment of them, or pertaining to debt of 1,164
a publicly traded corporation. Any holder that is audited 1,165
pursuant to division (F) of this section shall only be required 1,166
to make available those records that are relevant to an unclaimed 1,167
funds audit of that holder as prescribed by the director. 1,168
(3) The director may enter into contracts, pursuant to 1,170
procedures prescribed by the director, with persons for the sole 1,171
purpose of examining the records of holders, determining 1,172
compliance with this chapter, and collecting, taking possession 1,173
of, and remitting to the department's division of unclaimed 1,174
funds, in a timely manner, the amounts found and defined as 1,175
unclaimed. The director shall not enter into such a contract 1,177
with a person unless the person does all of the following: 1,178
(a) Agrees to maintain the confidentiality of the records 1,180
examined, as required under division (F)(4) of this section; 1,181
(b) Agrees to conduct the audit in accordance with rules 1,183
adopted under section 169.09 of the Revised Code; 1,184
(c) Obtains a corporate surety bond issued by a bonding 1,186
company or insurance company authorized to do business in this 1,187
state. The bond shall be in favor of the director and in the 1,188
penal sum determined by the director. The bond shall be for the 1,189
benefit of any holder of unclaimed funds that is audited by the 1,190
principal and is injured by the principal's failure to comply
30
with division (F)(3)(a) or (b) of this section. 1,191
(4) Records audited pursuant to division (F) of this 1,194
section are confidential, and shall not be disclosed except as 1,195
required by section 169.06 of the Revised Code or as the director 1,196
considers necessary in the proper administration of this chapter. 1,197
(5) If a person with whom the director has entered into a 1,200
contract pursuant to division (F)(3) of this section intends to 1,201
conduct, in conjunction with an unclaimed funds audit under this 1,202
section, an unclaimed funds audit for the purpose of 1,203
administering another state's unclaimed or abandoned property 1,204
laws, the person, prior to commencing the audit, shall provide 1,205
written notice to the director of the person's intent to conduct 1,206
such an audit, along with documentation evidencing the person's 1,207
express authorization from the other state to conduct the audit
on behalf of that state. 1,208
(6) Prior to the commencement of an audit conducted 1,210
pursuant to division (F) of this section, the director shall 1,211
notify the holder of unclaimed funds of the director's intent to 1,212
audit the holder's records. If the audit will be conducted in 1,213
conjunction with an audit for one or more other states, the 1,214
director shall provide the holder with the name or names of those 1,215
states.
(7) Any holder of unclaimed funds may appeal the findings 1,217
of an audit conducted pursuant to division (F) of this section to 1,218
the director. Pursuant to the authority granted by section 1,219
169.09 of the Revised Code, the director shall adopt rules 1,220
establishing procedures for considering such an appeal. 1,221
(G) All holders shall make sufficient investigation of 1,223
their records to ensure that the funds reported to the director 1,224
are unclaimed as set forth in division (B) of section 169.01 and 1,225
section 169.02 of the Revised Code. 1,226
(H) The expiration of any period of limitations on or 1,228
after March 1, 1968, within which a person entitled to any 1,229
moneys, rights to moneys, or intangible property could have 1,230
31
commenced an action or proceeding to obtain the same shall not 1,231
prevent such items from becoming unclaimed funds or relieve the 1,232
holder thereof of any duty to report and give notice as provided 1,233
in this section and deliver the same in the manner provided in 1,234
section 169.05 of the Revised Code, provided that the holder may 1,235
comply with the provisions of this section and section 169.05 of 1,236
the Revised Code with respect to any moneys, rights to moneys, or 1,237
intangible property as to which the applicable statute of 1,238
limitations has run prior to March 1, 1968, and in such event the 1,239
holder shall be entitled to the protective provisions of section 1,240
169.07 of the Revised Code. 1,241
(I) No social security number contained in a report made 1,243
pursuant to this section shall be used by the department of 1,244
commerce for any purpose other than to enable the division of 1,245
unclaimed funds to carry out the purposes of this chapter and for 1,246
child support purposes in response to a request made by the 1,247
division OFFICE of child support in the department of job and 1,248
family services made pursuant to section 5101.327 3123.88 of the 1,249
Revised Code.
Sec. 169.08. (A) Any person claiming a property interest 1,258
in unclaimed funds delivered or reported to the state under 1,259
Chapter 169. of the Revised Code, including the division OFFICE 1,260
of child support in the department of job and family services, 1,262
pursuant to section 5101.327 3123.88 of the Revised Code, may 1,264
file a claim thereto on the form prescribed by the director of 1,265
commerce.
(B) The director shall consider matters relevant to any 1,267
claim filed under division (A) of this section and shall hold a 1,268
formal hearing if requested or considered necessary and receive 1,269
evidence concerning such claim. A finding and decision in 1,270
writing on each claim filed shall be prepared, stating the 1,271
substance of any evidence received or heard and the reasons for 1,272
allowance or disallowance of the claim. The evidence and 1,273
decision shall be a public record. No statute of limitations 1,274
32
shall bar the allowance of a claim. 1,275
(C) For the purpose of conducting any hearing, the 1,277
director may require the attendance of such witnesses and the 1,278
production of such books, records, and papers as the director 1,279
desires, and the director may take the depositions of witnesses 1,281
residing within or without this state in the same manner as is 1,283
prescribed by law for the taking of depositions in civil actions 1,284
in the court of common pleas, and for that purpose the director 1,285
may issue a subpoena for any witness or a subpoena duces tecum to 1,286
compel the production of any books, records, or papers, directed 1,287
to the sheriff of the county where such witness resides or is 1,288
found, which shall be served and returned. The fees and mileage 1,289
of the sheriff and witnesses shall be the same as that allowed in 1,290
the court of common pleas in criminal cases. Fees and mileage 1,291
shall be paid from the unclaimed funds trust fund. 1,292
(D) Interest is not payable to claimants of unclaimed 1,294
funds held by the state. Claims shall be paid from the trust 1,295
fund. If the amount available in the trust fund is not 1,296
sufficient to pay pending claims, or other amounts disbursable 1,297
from the trust fund, the treasurer of state shall certify such 1,298
fact to the director, who shall then withdraw such amount of 1,299
funds from the mortgage accounts as the director determines 1,300
necessary to reestablish the trust fund to a level required to 1,302
pay anticipated claims but not more than ten per cent of the net 1,303
unclaimed funds reported to date. 1,304
The director shall retain in the trust fund, as a fee for 1,306
administering the funds, five per cent of the total amount of 1,307
unclaimed funds payable to the claimant and may withdraw the 1,308
funds paid to the director by the holders and deposited by the 1,309
director with the treasurer of state or in a financial 1,310
institution as agent for such funds. Whenever these funds are 1,311
inadequate to meet the requirements for the trust fund, the 1,312
director shall provide for a withdrawal of funds, within a 1,314
reasonable time, in such amount as is necessary to meet the 1,315
33
requirements, from financial institutions in which such funds 1,316
were retained or placed by a holder and from other holders who 1,317
have retained funds, in an equitable manner as prescribed by the 1,318
director. In the event that the amount to be withdrawn from any 1,320
one such holder is less than five hundred dollars, the amount to 1,321
be withdrawn shall be at the discretion of the director. Such 1,322
funds may be reimbursed in the amounts withdrawn when the trust 1,323
fund has a surplus over the amount required to pay anticipated 1,324
claims. Whenever the trust fund has a surplus over the amount 1,325
required to pay anticipated claims, the director may transfer 1,326
such surplus to the mortgage accounts. 1,327
(E) If a claim which is allowed under this section relates 1,329
to funds which have been retained by the reporting holder, and if 1,330
the funds, on deposit with the treasurer of state pursuant to 1,331
this chapter, are insufficient to pay claims, the director may 1,332
notify such holder in writing of the payment of the claim and 1,333
such holder shall immediately reimburse the state in the amount 1,334
of such claim. The reimbursement shall be credited to the 1,335
unclaimed funds trust fund. 1,336
(F) Any person, including the division OFFICE of child 1,338
support, adversely affected by a decision of the director may 1,340
appeal such decision in the manner provided in Chapter 119. of 1,341
the Revised Code.
In the event the claimant prevails, the claimant shall be 1,343
reimbursed for reasonable attorney's fees and costs. 1,345
(G) Notwithstanding anything to the contrary in this 1,347
chapter, any holder who has paid moneys to or entered into an 1,348
agreement with the director pursuant to section 169.05 of the 1,349
Revised Code on certified checks, cashiers' checks, bills of 1,350
exchange, letters of credit, drafts, money orders, or travelers' 1,351
checks, may make payment to any person entitled thereto, 1,352
including the division OFFICE of child support, and upon 1,353
surrender of the document, except in the case of travelers' 1,354
checks, and proof of such payment, the director shall reimburse 1,355
34
the holder for such payment without interest. 1,356
Sec. 329.04. (A) The county department of job and family 1,365
services shall have, exercise, and perform the following powers 1,367
and duties:
(1) Perform any duties assigned by the state department of 1,370
job and family services regarding the provision of public family 1,371
services, including the provision of the following services to 1,373
prevent or reduce economic or personal dependency and to 1,374
strengthen family life:
(a) Services authorized by Title IV-A of the "Social 1,376
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, 1,378
and known in this state as the Ohio works first program 1,379
established by Chapter 5107. of the Revised Code and the 1,380
prevention, retention, and contingency program established under 1,381
Chapter 5108. of the Revised Code;
(b) Social services authorized by Title XX of the "Social 1,384
Security Act" and provided for by section 5101.46 of the Revised
Code;
(c) If the county department is designated as the child 1,386
support enforcement agency, services authorized by Title IV-D of 1,387
the "Social Security Act" and provided for by sections 2301.34 to 1,389
2301.44 CHAPTER 3125. of the Revised Code. The county department 1,391
may perform the services itself or contract with other government 1,393
entities, and, pursuant to division (C) of section 2301.35 and 1,394
section 2301.42 of the Revised Code, private entities, to perform 1,395
the Title IV-D services.
(2) Administer disability assistance under Chapter 5115. 1,397
of the Revised Code as required by the state department of job 1,398
and family services; 1,399
(3) Administer burials insofar as the administration of 1,401
burials was, prior to September 12, 1947, imposed upon the board 1,402
of county commissioners and if otherwise required by state law; 1,403
(4) Cooperate with state and federal authorities in any 1,405
matter relating to family services and to act as the agent of 1,406
35
such authorities; 1,407
(5) Submit an annual account of its work and expenses to 1,410
the board of county commissioners and to the state department of 1,411
job and family services at the close of each fiscal year; 1,412
(6) Exercise any powers and duties relating to family 1,415
services or workforce development activities imposed upon the 1,416
county department of job and family services by law, by 1,418
resolution of the board of county commissioners, or by order of 1,419
the governor, when authorized by law, to meet emergencies during 1,420
war or peace;
(7) Determine the eligibility for medical assistance of 1,422
recipients of aid under Title XVI of the "Social Security Act"; 1,423
(8) If assigned by the state director of job and family 1,426
services under section 5101.515 of the Revised Code, determine 1,428
applicants' eligibility for health assistance under the
children's health insurance program part II; 1,429
(9) Enter into a plan of cooperation with the board of 1,431
county commissioners under section 307.983, consult with the 1,433
board in the development of the transportation work plan
developed under section 307.985, establish with the board 1,434
procedures under section 307.986 for providing services to 1,436
children whose families relocate frequently, and comply with the 1,437
contracts the board enters into under sections 307.981 and 1,438
307.982 of the Revised Code that affect the county department; 1,439
(10) For the purpose of complying with a partnership 1,441
agreement the board of county commissioners enters into under 1,442
section 307.98 of the Revised Code, exercise the powers and 1,443
perform the duties the partnership agreement assigns to the
county department; 1,444
(11) If the county department is designated as the 1,446
workforce development agency, provide the workforce development 1,447
activities specified in the contract required by section 330.05 1,448
of the Revised Code.
(B) The powers and duties of a county department of job 1,450
36
and family services are, and shall be exercised and performed, 1,452
under the control and direction of the board of county 1,453
commissioners. The board may assign to the county department any
power or duty of the board regarding family services and 1,455
workforce development activities. If the new power or duty
necessitates the state department of job and family services 1,457
changing its federal cost allocation plan, the county department 1,458
may not implement the power or duty unless the United States 1,459
department of health and human services approves the changes. 1,460
Sec. 742.41. (A) As used in this section: 1,469
(1) "Other system retirant" has the same meaning as in 1,471
section 742.26 of the Revised Code. 1,472
(2) "Personal history record" includes a member's, former 1,474
member's, or other system retirant's name, address, telephone 1,476
number, social security number, record of contributions, 1,477
correspondence with the Ohio police and fire pension fund, status 1,479
of any application for benefits, and any other information deemed 1,480
confidential by the trustees of the fund. 1,481
(B) The treasurer of state shall furnish annually to the 1,483
board of trustees of the fund a sworn statement of the amount of 1,484
the funds in the treasurer of state's custody belonging to the 1,487
Ohio police and fire pension fund. The records of the board 1,489
shall be open for public inspection except for the following, 1,490
which shall be excluded, except with the written authorization of 1,491
the individual concerned: 1,492
(1) The individual's personal history record; 1,494
(2) Any information identifying, by name and address, the 1,496
amount of a monthly allowance or benefit paid to the individual. 1,497
(C) All medical reports and recommendations required are 1,499
privileged, except that copies of such medical reports or 1,500
recommendations shall be made available to the personal 1,501
physician, attorney, or authorized agent of the individual 1,502
concerned upon written release received from the individual or 1,504
the individual's agent or, when necessary for the proper 1,505
37
administration of the fund, to the board-assigned physician. 1,506
(D) Any person who is a member of the fund or an other 1,508
system retirant shall be furnished with a statement of the amount 1,509
to the credit of the person's individual account upon the 1,511
person's written request. The board need not answer more than 1,512
one such request of a person in any one year. 1,513
(E) Notwithstanding the exceptions to public inspection in 1,515
division (B) of this section, the board may furnish the following 1,516
information: 1,517
(1) If a member, former member, or other system retirant 1,519
is subject to an order issued under section 2907.15 of the 1,520
Revised Code or is convicted of or pleads guilty to a violation 1,521
of section 2921.41 of the Revised Code, on written request of a 1,522
prosecutor as defined in section 2935.01 of the Revised Code, the 1,523
board shall furnish to the prosecutor the information requested 1,524
from the individual's personal history record. 1,525
(2) Pursuant to a court order issued under section 3113.21 1,527
PURSUANT TO CHAPTER 3119., 3121., 3123., OR 3125. of the Revised 1,529
Code, the board shall furnish to a court or child support 1,530
enforcement agency the information required under that section. 1,531
(3) At the request of any organization or association of 1,533
members of the fund, the board of trustees of the fund shall 1,534
provide a list of the names and addresses of members of the fund 1,535
and other system retirants. The board shall comply with the 1,536
request of such organization or association at least once a year 1,537
and may impose a reasonable charge for the list. 1,538
(4) Within fourteen days after receiving from the director 1,540
of job and family services a list of the names and social 1,541
security numbers of recipients of public assistance pursuant to 1,543
section 5101.181 of the Revised Code, the board shall inform the 1,544
auditor of state of the name, current or most recent employer 1,545
address, and social security number of each member or other 1,546
system retirant whose name and social security number are the 1,547
same as that of a person whose name or social security number was 1,548
38
submitted by the director. The board and its employees shall, 1,549
except for purposes of furnishing the auditor of state with 1,550
information required by this section, preserve the 1,551
confidentiality of recipients of public assistance in compliance 1,552
with division (A) of section 5101.181 of the Revised Code. 1,553
(F) A statement that contains information obtained from 1,555
the board's records that is signed by the secretary of the board 1,556
of trustees of the Ohio police and fire pension fund and to which 1,558
the board's official seal is affixed, or copies of the board's 1,559
records to which the signature and seal are attached, shall be 1,560
received as true copies of the board's records in any court or 1,561
before any officer of this state.
Sec. 742.47. Except as provided in sections SECTION 1,570
742.461, 3111.23, and 3113.21 CHAPTERS 3119., 3121., 3123., AND 1,572
3125. of the Revised Code, sums of money due or to become due to 1,573
any person from the Ohio police and fire pension fund are not 1,575
liable to attachment, garnishment, levy, or seizure under any 1,576
legal or equitable process, whether such sums remain with the 1,577
treasurer of the fund or any officer or agent of the board of 1,578
trustees of the fund, or is in the course of transmission to the
person entitled thereto, but shall inure wholly to the benefit of 1,579
such person.
Sec. 909.131. On receipt of a notice pursuant to section 1,590
2301.373 3123.43 of the Revised Code, the director of agriculture 1,591
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,592
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,593
3123.63 OF THE REVISED CODE with respect to a certificate issued 1,594
pursuant to this chapter.
Sec. 917.24. On receipt of a notice pursuant to section 1,604
2301.373 3123.43 of the Revised Code, the director of agriculture 1,605
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,606
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,607
3123.63 OF THE REVISED CODE with respect to a license issued 1,608
pursuant to this chapter.
39
Sec. 918.45. On receipt of a notice pursuant to section 1,618
2301.373 3123.43 of the Revised Code, the director of agriculture 1,619
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,620
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,621
3123.63 OF THE REVISED CODE with respect to a license issued 1,622
pursuant to this chapter.
Sec. 919.21. On receipt of a notice pursuant to section 1,632
2301.373 3123.43 of the Revised Code, the director of agriculture 1,633
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,634
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,635
3123.63 OF THE REVISED CODE with respect to a license issued 1,636
pursuant to this chapter.
Sec. 921.30. On receipt of a notice pursuant to section 1,646
2301.373 3123.43 of the Revised Code, the director of agriculture 1,647
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,648
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,649
3123.63 OF THE REVISED CODE with respect to a license, 1,650
certificate, or permit issued pursuant to this chapter. 1,651
Sec. 926.102. On receipt of a notice pursuant to section 1,661
2301.373 3123.43 of the Revised Code, the director of agriculture 1,662
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,663
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,664
3123.63 OF THE REVISED CODE with respect to a license, 1,665
certificate, or permit issued pursuant to this chapter. 1,666
Sec. 927.521. On receipt of a notice pursuant to section 1,676
2301.373 3123.43 of the Revised Code, the director of agriculture 1,677
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,678
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,679
3123.63 OF THE REVISED CODE with respect to a license, 1,680
certificate, or permit issued pursuant to this chapter. 1,682
Sec. 943.19. On receipt of a notice pursuant to section 1,692
2301.373 3123.43 of the Revised Code, the director of agriculture 1,693
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 1,694
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 1,695
40
3123.63 OF THE REVISED CODE with respect to a license, 1,696
certificate, or permit issued pursuant to this chapter. 1,697
Sec. 1321.05. Each license shall state the address at 1,706
which the business is to be conducted and shall state fully the 1,707
name of the licensee. Each license shall be kept conspicuously 1,708
posted in the place of business of the licensee and is not 1,709
transferable or assignable. 1,710
Each license shall remain in effect until surrendered, 1,712
revoked, or suspended under section 1321.08 or 2301.373 3123.47 1,714
of the Revised Code. Every licensee shall each year pay to the 1,715
division of financial institutions a license fee and an 1,716
assessment as determined by the superintendent pursuant to 1,718
section 1321.20 of the Revised Code. Payment of such renewal fee 1,719
shall be according to the provisions of this section and the 1,720
standard renewal procedure of sections 4745.01 to 4745.03 of the 1,721
Revised Code. No other or further license fee or assessment 1,722
shall be required from any such licensee by the state or any 1,723
political subdivision in the state.
Every licensee shall maintain for each license current 1,725
assets of at least ten thousand dollars, either in use or readily 1,726
available for use in the conduct of the business. 1,727
Sec. 1321.84. On receipt of a notice pursuant to section 1,737
2301.373 3123.43 of the Revised Code, the division of consumer 1,738
finance shall comply with that section SECTIONS 3123.41 TO 1,739
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 1,741
license, certificate, or permit issued pursuant to this chapter. 1,743
Sec. 1322.101. On receipt of a notice pursuant to section 1,753
2301.373 3123.43 of the Revised Code, the division of financial 1,754
institutions shall comply with that section SECTIONS 3123.41 TO 1,755
3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES ADOPTED
UNDER SECTION 3123.63 OF THE REVISED CODE with respect to a 1,757
certificate issued pursuant to this chapter.
Sec. 1347.08. (A) Every state or local agency that 1,766
41
maintains a personal information system, upon the request and the 1,767
proper identification of any person who is the subject of 1,768
personal information in the system, shall: 1,769
(1) Inform the person of the existence of any personal 1,771
information in the system of which the person is the subject; 1,772
(2) Except as provided in divisions (C) and (E)(2) of this 1,774
section, permit the person, the person's legal guardian, or an 1,776
attorney who presents a signed written authorization made by the 1,777
person, to inspect all personal information in the system of 1,778
which the person is the subject; 1,779
(3) Inform the person about the types of uses made of the 1,781
personal information, including the identity of any users usually 1,782
granted access to the system. 1,783
(B) Any person who wishes to exercise a right provided by 1,785
this section may be accompanied by another individual of the 1,787
person's choice.
(C)(1) A state or local agency, upon request, shall 1,789
disclose medical, psychiatric, or psychological information to a 1,790
person who is the subject of the information or to the person's 1,792
legal guardian, unless a physician, psychiatrist, or psychologist
determines for the agency that the disclosure of the information 1,793
is likely to have an adverse effect on the person, in which case 1,794
the information shall be released to a physician, psychiatrist, 1,795
or psychologist who is designated by the person or by the 1,796
person's legal guardian. 1,797
(2) Upon the signed written request of either a licensed 1,799
attorney at law or a licensed physician designated by the inmate, 1,800
together with the signed written request of an inmate of a 1,801
correctional institution under the administration of the 1,802
department of rehabilitation and correction, the department shall 1,803
disclose medical information to the designated attorney or 1,804
physician as provided in division (C) of section 5120.21 of the 1,805
Revised Code. 1,806
(D) If an individual who is authorized to inspect personal 1,808
42
information that is maintained in a personal information system 1,809
requests the state or local agency that maintains the system to 1,810
provide a copy of any personal information that the individual is 1,812
authorized to inspect, the agency shall provide a copy of the 1,813
personal information to the individual. Each state and local 1,814
agency may establish reasonable fees for the service of copying, 1,815
upon request, personal information that is maintained by the 1,816
agency.
(E)(1) This section regulates access to personal 1,818
information that is maintained in a personal information system 1,819
by persons who are the subject of the information, but does not 1,820
limit the authority of any person, including a person who is the 1,821
subject of personal information maintained in a personal 1,822
information system, to inspect or have copied, pursuant to 1,823
section 149.43 of the Revised Code, a public record as defined in 1,824
that section. 1,825
(2) This section does not provide a person who is the 1,827
subject of personal information maintained in a personal 1,828
information system, the person's legal guardian, or an attorney 1,830
authorized by the person, with a right to inspect or have copied, 1,831
or require an agency that maintains a personal information system 1,832
to permit the inspection of or to copy, a confidential law 1,833
enforcement investigatory record or trial preparation record, as 1,834
defined in divisions (A)(2) and (4) of section 149.43 of the 1,835
Revised Code.
(F) This section does not apply to any of the following: 1,837
(1) The contents of an adoption file maintained by the 1,839
department of health under section 3705.12 of the Revised Code; 1,840
(2) Information contained in the putative father registry 1,842
established by section 3107.062 of the Revised Code, regardless 1,843
of whether the information is held by the department of job and 1,846
family services or, pursuant to section 5101.313 3111.69 of the 1,847
Revised Code, the division OFFICE of child support in the 1,849
department or a child support enforcement agency;
43
(3) Papers, records, and books that pertain to an adoption 1,851
and that are subject to inspection in accordance with section 1,852
3107.17 of the Revised Code; 1,853
(4) Records listed in division (A) of section 3107.42 of 1,855
the Revised Code or specified in division (A) of section 3107.52 1,856
of the Revised Code; 1,857
(5) Records that identify an individual described in 1,859
division (A)(1) of section 3721.031 of the Revised Code, or that 1,860
would tend to identify such an individual; 1,861
(6) Files and records that have been expunged under 1,863
division (D)(1) of section 3721.23 of the Revised Code; 1,864
(7) Records that identify an individual described in 1,866
division (A)(1) of section 3721.25 of the Revised Code, or that 1,867
would tend to identify such an individual; 1,868
(8) Records that identify an individual described in 1,870
division (A)(1) of section 5111.61 of the Revised Code, or that 1,871
would tend to identify such an individual; 1,872
(9) Test materials, examinations, or evaluation tools used 1,874
in an examination for licensure as a nursing home administrator 1,875
that the board of examiners of nursing home administrators 1,876
administers under section 4751.04 of the Revised Code or 1,877
contracts under that section with a private or government entity 1,878
to administer.
Sec. 1349.01. (A) As used in this section: 1,887
(1) "Consumer reporting agency" has the same meaning as in 1,889
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1,890
1681a. 1,891
(2) "Court" means the division of the court of common 1,893
pleas having jurisdiction over actions for divorce, annulment, 1,894
dissolution of marriage, legal separation, child support, or 1,895
spousal support. 1,896
(3) "Health insurance coverage" means hospital, surgical, 1,898
or medical expense coverage provided under any health insurance 1,899
or health care policy, contract, or plan or any other health 1,900
44
benefits arrangement. 1,901
(4) "Provider" has the same meaning as in section 3901.38 1,903
of the Revised Code. 1,904
(B) If, pursuant to an action for divorce, annulment, 1,906
dissolution of marriage, or legal separation, the court 1,907
determines that a party who is a resident of this state is 1,908
responsible for obtaining health insurance coverage for the 1,910
party's former spouse or children or if, pursuant to a child 1,911
support order issued in accordance with section 3113.217 SECTIONS 1,912
3119.30 TO 3119.58 of the Revised Code, the court requires a 1,913
party who is a resident of this state to obtain health insurance 1,915
coverage for the children who are the subject of the child 1,916
support order, and the party fails to obtain such coverage, no 1,917
provider or collection agency shall collect or attempt to collect 1,918
from the former spouse, children, or person responsible for the 1,919
children, any reimbursement of any hospital, surgical, or medical 1,920
expenses incurred by the provider for services rendered to the 1,921
former spouse or children, which expenses would have been covered 1,922
but for the failure of the party to obtain the coverage, if the 1,923
former spouse, any of the children, or a person responsible for 1,924
the children, provides the following to the provider or
collection agency: 1,925
(1) A copy of the court order requiring the party to 1,927
obtain health insurance coverage for the former spouse or 1,928
children.
(2) Reasonable assistance in locating the party and 1,930
obtaining information about the party's health insurance 1,931
coverage.
(C) If the requirements of divisions (B)(1) and (2) of 1,934
this section are not met, the provider or collection agency may 1,935
collect the hospital, surgical, or medical expenses both from the 1,936
former spouse or person responsible for the children and from the 1,937
party who failed to obtain the coverage. If the requirements of 1,938
divisions (B)(1) and (2) are met, the provider or collection 1,939
45
agency may collect or attempt to collect the expenses only from 1,940
the party.
A party required to obtain health insurance coverage for a 1,942
former spouse or children who fails to obtain the coverage is 1,943
liable to the provider for the hospital, surgical, or medical 1,944
expenses incurred by the provider as a result of the failure to 1,945
obtain the coverage. This section does not prohibit a former 1,946
spouse or person responsible for the children from initiating an 1,947
action to enforce the order requiring the party to obtain health 1,948
insurance for the former spouse or children or to collect any 1,949
amounts the former spouse or person responsible for the children 1,950
pays for hospital, surgical, or medical expenses for which the 1,951
party is responsible under the order requiring the party to 1,952
obtain health insurance for the former spouse or children. 1,953
(D)(1) If the requirements of divisions (B)(1) and (2) of 1,955
this section are met, both of the following restrictions shall 1,956
apply:
(a) No collection agency or provider of hospital, 1,958
surgical, or medical services may report to a consumer reporting 1,959
agency, for inclusion in the credit file or credit report of the 1,960
former spouse or person responsible for the children, any 1,961
information relative to the nonpayment of expenses for the 1,962
services incurred by the provider, if the nonpayment is the 1,963
result of the failure of the party responsible for obtaining 1,964
health insurance coverage to obtain health insurance coverage. 1,965
(b) No consumer reporting agency shall include in the 1,967
credit file or credit report of the former spouse or person 1,968
responsible for the children, any information relative to the 1,969
nonpayment of any hospital, surgical, or medical expenses 1,970
incurred by a provider as a result of the party's failure to
obtain the coverage. 1,971
(2) If the requirements of divisions (B)(1) and (2) of 1,973
this section are not met, both of the following provisions shall 1,974
apply: 1,975
46
(a) A provider of hospital, surgical, or medical services, 1,977
or a collection agency, may report to a consumer reporting 1,978
agency, for inclusion in the credit file or credit report of the 1,979
former spouse or person responsible for the children, any 1,980
information relative to the nonpayment of expenses for the
services incurred by the provider, if the nonpayment is the 1,981
result of the failure of the party responsible for obtaining 1,982
health insurance coverage to obtain such coverage. 1,983
(b) A consumer reporting agency may include in the credit 1,985
file or credit report of the former spouse or person responsible 1,986
for the children, any information relative to the nonpayment of 1,987
any hospital, surgical, or medical expenses incurred by the 1,988
provider, if the nonpayment is the result of the failure of the 1,989
party responsible for obtaining health insurance coverage to
obtain such coverage. 1,990
(3)(a) A provider of hospital, surgical, or medical 1,992
services, or a collection agency, may report to a consumer 1,993
reporting agency, for inclusion in the credit file or credit 1,994
report of that party, any information relative to the nonpayment 1,995
of expenses for the services incurred by the provider, if the
nonpayment is the result of the failure of the party responsible 1,996
for obtaining health insurance coverage to obtain such coverage. 1,997
(b) A consumer reporting agency may include in the credit 1,999
file or credit report of the party responsible for obtaining 2,000
health insurance coverage, any information relative to the 2,001
nonpayment of any hospital, surgical, or medical expenses 2,002
incurred by a provider, if the nonpayment is the result of the
failure of that party to obtain health insurance coverage. 2,003
(4) If any information described in division (D)(2) of 2,005
this section is placed in the credit file or credit report of the 2,006
former spouse or person responsible for the children, the 2,007
consumer reporting agency shall remove the information from the 2,008
credit file and credit report if the former spouse or person
responsible for the children provides the agency with the 2,009
47
information required in divisions (B)(1) and (2) of this section. 2,010
If the agency fails to remove the information from the credit 2,011
file or credit report pursuant to the terms of the "Fair Credit 2,012
Reporting Act," 84 Stat. 1128, 15 U.S.C. 1681a, within a
reasonable time after receiving the information required by 2,013
divisions (B)(1) and (2) of this section, the former spouse may 2,014
initiate an action to require the agency to remove the 2,015
information.
If any information described in division (D)(3) of this 2,017
section is placed in the party's credit file or credit report, 2,018
the party has the burden of proving that the party is not 2,019
responsible for obtaining the health insurance coverage or, if 2,020
responsible, that the expenses incurred are not covered expenses.
If the party meets that burden, the agency shall remove the 2,021
information from the party's credit file and credit report 2,022
immediately. If the agency fails to remove the information from 2,023
the credit file or credit report immediately after the party 2,024
meets the burden, the party may initiate an action to require the
agency to remove the information. 2,025
Sec. 1533.82. (A) On receipt of a notice pursuant to 2,034
section 2301.373 3123.43 of the Revised Code, the chief of the 2,035
division of wildlife shall comply with that section SECTIONS 2,037
3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES
ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to 2,039
a license, permit, or certificate issued pursuant to section 2,040
1533.23, 1533.34, 1533.342, 1533.39, 1533.40, 1533.51, 1533.631, 2,041
1533.71, 1533.72, 1533.81, 1533.88, or 1533.881 of the Revised 2,043
Code.
(B) On receipt of a notice pursuant to section 2301.375 2,045
3123.62 of the Revised Code, the chief shall comply with that 2,046
section AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 3123.63 OF 2,047
THE REVISED CODE with respect to a license, permit, or stamp 2,048
issued pursuant to section 1533.10, 1533.11, 1533.111, 1533.112, 2,049
or 1533.32 of the Revised Code.
48
Sec. 1541.42. On receipt of a notice pursuant to section 2,059
2301.373 3123.43 of the Revised Code, the chief of the division 2,060
of parks and recreation shall comply with that section SECTIONS 2,061
3123.41 TO 3123.50 OF THE REVISED CODE AND ANY APPLICABLE RULES
ADOPTED UNDER SECTION 3123.63 OF THE REVISED CODE with respect to 2,063
a license issued pursuant to this chapter.
Sec. 1547.544. On receipt of a notice pursuant to section 2,073
2301.373 3123.43 of the Revised Code, the division of watercraft 2,074
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 2,075
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 2,076
3123.63 OF THE REVISED CODE with respect to a certificate issued 2,077
pursuant to section 1547.542 or 1547.543 of the Revised Code. 2,078
Sec. 1561.52. On receipt of a notice pursuant to section 2,088
2301.373 3123.43 of the Revised Code, the mine examining board 2,089
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 2,091
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 2,092
3123.63 OF THE REVISED CODE with respect to a certificate issued 2,093
pursuant to this chapter.
Sec. 1565.25. On receipt of a notice pursuant to section 2,102
2301.373 3123.43 of the Revised Code, the mine examining board 2,103
shall comply with that section SECTIONS 3123.41 TO 3123.50 OF THE 2,105
REVISED CODE AND ANY APPLICABLE RULES ADOPTED UNDER SECTION 2,106
3123.63 OF THE REVISED CODE with respect to a certificate issued
pursuant to this chapter. 2,107
Sec. 1905.201. The mayor of a municipal corporation that 2,116
has a mayor's court, and a mayor's court magistrate, are entitled 2,117
to suspend or revoke, and shall suspend or revoke, in accordance 2,118
with division (B) of section 4507.16 of the Revised Code, the 2,119
driver's or commercial driver's license or permit or nonresident 2,120
operating privilege of any person who is convicted of or pleads 2,121
guilty to a violation of division (A) of section 4511.19 of the 2,122
Revised Code, of a municipal ordinance relating to operating a 2,123
vehicle while under the influence of alcohol, a drug of abuse, or 2,124
alcohol and a drug of abuse, or of a municipal ordinance relating 2,125
49
to operating a vehicle with a prohibited concentration of alcohol 2,126
in the blood, breath, or urine that is substantially equivalent 2,127
to division (A) of section 4511.19 of the Revised Code. The 2,128
mayor of a municipal corporation that has a mayor's court, and a 2,129
mayor's court magistrate, are entitled to suspend, and shall 2,130
suspend, in accordance with division (E) of section 4507.16 of 2,131
the Revised Code, the driver's, or commercial driver's license or 2,132
permit or nonresident operating privilege of any person who is 2,133
convicted of or pleads guilty to a violation of division (B) of 2,134
section 4511.19 of the Revised Code or of a municipal ordinance 2,135
relating to operating a vehicle with a prohibited concentration 2,136
of alcohol in the blood, breath, or urine that is substantially 2,137
equivalent to division (B) of section 4511.19 of the Revised 2,138
Code. 2,139
Suspension of a commercial driver's license under this 2,141
section shall be concurrent with any period of disqualification 2,142
under section 2301.374 3123.611 or 4506.16 of the Revised Code OR 2,144
PERIOD OF SUSPENSION UNDER SECTION 3123.58 OF THE REVISED CODE.
No person who is disqualified for life from holding a commercial 2,145
driver's license under section 4506.16 of the Revised Code shall 2,146
be issued a driver's license under Chapter 4507. of the Revised 2,147
Code during the period for which the commercial driver's license 2,148
was suspended under this section, and no person whose commercial 2,149
driver's license is suspended under this section shall be issued 2,150
a driver's license under Chapter 4507. of the Revised Code during 2,151
the period of the suspension. 2,152
Sec. 2151.23. (A) The juvenile court has exclusive 2,162
original jurisdiction under the Revised Code as follows: 2,163
(1) Concerning any child who on or about the date 2,165
specified in the complaint is alleged to be a juvenile traffic 2,166
offender or a delinquent, unruly, abused, neglected, or dependent 2,168
child and, based on and in relation to the allegation pertaining 2,169
to the child, concerning the parent, guardian, or other person 2,170
having care of a child who is alleged to be an unruly or 2,171
50
delinquent child for being an habitual or chronic truant; 2,173
(2) Subject to division (V) of section 2301.03 of the 2,175
Revised Code, to determine the custody of any child not a ward of 2,176
another court of this state; 2,177
(3) To hear and determine any application for a writ of 2,179
habeas corpus involving the custody of a child; 2,180
(4) To exercise the powers and jurisdiction given the 2,182
probate division of the court of common pleas in Chapter 5122. of 2,184
the Revised Code, if the court has probable cause to believe that 2,185
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as 2,186
defined in section 5122.01 of the Revised Code; 2,187
(5) To hear and determine all criminal cases charging 2,189
adults with the violation of any section of this chapter; 2,190
(6) To hear and determine all criminal cases in which an 2,192
adult is charged with a violation of division (C) of section 2,193
2919.21, division (B)(1) of section 2919.22, section 2919.222, 2,194
division (B) of section 2919.23, or section 2919.24 of the 2,196
Revised Code, provided the charge is not included in an 2,197
indictment that also charges the alleged adult offender with the 2,198
commission of a felony arising out of the same actions that are 2,199
the basis of the alleged violation of division (C) of section 2,200
2919.21, division (B)(1) of section 2919.22, section 2919.222, 2,201
division (B) of section 2919.23, or section 2919.24 of the 2,203
Revised Code;
(7) Under the interstate compact on juveniles in section 2,205
2151.56 of the Revised Code; 2,206
(8) Concerning any child who is to be taken into custody 2,208
pursuant to section 2151.31 of the Revised Code, upon being 2,209
notified of the intent to take the child into custody and the 2,210
reasons for taking the child into custody; 2,211
(9) To hear and determine requests for the extension of 2,213
temporary custody agreements, and requests for court approval of 2,214
permanent custody agreements, that are filed pursuant to section 2,215
51
5103.15 of the Revised Code; 2,216
(10) To hear and determine applications for consent to 2,218
marry pursuant to section 3101.04 of the Revised Code; 2,219
(11) Subject to division (V) of section 2301.03 of the 2,221
Revised Code, to hear and determine a request for an order for 2,222
the support of any child if the request is not ancillary to an 2,223
action for divorce, dissolution of marriage, annulment, or legal 2,224
separation, a criminal or civil action involving an allegation of 2,225
domestic violence, or an action for support brought under Chapter 2,226
3115. of the Revised Code; 2,227
(12) Concerning an action commenced under section 121.38 2,229
of the Revised Code; 2,230
; 2,232
(14)(13) To hear and determine violations of section 2,234
3321.38 of the Revised Code; 2,235
(15)(14) To exercise jurisdiction and authority over the 2,238
parent, guardian, or other person having care of a child alleged 2,239
to be a delinquent child, unruly child, or juvenile traffic 2,240
offender, based on and in relation to the allegation pertaining 2,241
to the child. 2,242
(B) Except as provided in division (I) of section 2301.03 2,244
of the Revised Code, the juvenile court has original jurisdiction 2,245
under the Revised Code: 2,246
(1) To hear and determine all cases of misdemeanors 2,248
charging adults with any act or omission with respect to any 2,249
child, which act or omission is a violation of any state law or 2,250
any municipal ordinance; 2,251
(2) To determine the paternity of any child alleged to 2,253
have been born out of wedlock pursuant to sections 3111.01 to 2,254
3111.19 3111.18 of the Revised Code; 2,255
(3) Under the uniform interstate family support act in 2,258
Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for 2,260
the support of any child, if the child is not a ward of another 2,261
52
court of this state; 2,262
(5) To hear and determine an action commenced under 2,264
section 5101.314 3111.28 of the Revised Code; 2,265
(6) TO HEAR AND DETERMINE A MOTION FILED UNDER SECTION 2,267
3119.961 OF THE REVISED CODE. 2,268
(C) The juvenile court, except as to juvenile courts that 2,270
are a separate division of the court of common pleas or a 2,271
separate and independent juvenile court, has jurisdiction to 2,272
hear, determine, and make a record of any action for divorce or 2,273
legal separation that involves the custody or care of children 2,274
and that is filed in the court of common pleas and certified by 2,275
the court of common pleas with all the papers filed in the action 2,276
to the juvenile court for trial, provided that no certification 2,277
of that nature shall be made to any juvenile court unless the 2,279
consent of the juvenile judge first is obtained. After a 2,280
certification of that nature is made and consent is obtained, the 2,282
juvenile court shall proceed as if the action originally had been 2,283
begun in that court, except as to awards for spousal support or 2,284
support due and unpaid at the time of certification, over which 2,285
the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in division (I) 2,287
of section 2301.03 of the Revised Code, has jurisdiction to hear 2,288
and determine all matters as to custody and support of children 2,289
duly certified by the court of common pleas to the juvenile court 2,290
after a divorce decree has been granted, including jurisdiction 2,291
to modify the judgment and decree of the court of common pleas as 2,292
the same relate to the custody and support of children. 2,293
(E) The juvenile court, except as provided in division (I) 2,295
of section 2301.03 of the Revised Code, has jurisdiction to hear 2,296
and determine the case of any child certified to the court by any 2,297
court of competent jurisdiction if the child comes within the 2,298
jurisdiction of the juvenile court as defined by this section. 2,299
(F)(1) The juvenile court shall exercise its jurisdiction 2,301
in child custody matters in accordance with sections 3109.04, 2,302
53
3109.21 to 3109.36, and 5103.20 to 5103.28 of the Revised Code. 2,303
(2) The juvenile court shall exercise its jurisdiction in 2,305
child support matters in accordance with section 3109.05 of the 2,306
Revised Code. 2,307
(G)(1) Each order for child support made or modified by a 2,309
juvenile court shall include as part of the order a general 2,311
provision, as described in division (A)(1) of section 3113.21 of 2,312
the Revised Code, requiring the withholding or deduction of 2,313
income or assets of the obligor under the order as described in 2,315
division (D) of section 3113.21 of the Revised Code, or another 2,316
type of appropriate requirement as described in division (D)(3), 2,317
(D)(4), or (H) of that section, to ensure that withholding or 2,319
deduction from the income or assets of the obligor is available 2,321
from the commencement of the support order for collection of the 2,322
support and of any arrearages that occur; a statement requiring 2,323
all parties to the order to notify the child support enforcement 2,324
agency in writing of their current mailing address, current 2,325
residence address, current residence telephone number, and 2,326
current driver's license number, and any changes to that 2,327
information; and a notice that the requirement to notify the 2,328
child support enforcement agency of all changes to that
information continues until further notice from the court. Any 2,329
juvenile court that makes or modifies an order for child support 2,330
shall comply with sections 3113.21 to 3113.219 CHAPTERS 3119., 2,332
3121., 3123., AND 3125. of the Revised Code. If any person 2,333
required to pay child support under an order made by a juvenile 2,334
court on or after April 15, 1985, or modified on or after 2,335
December 1, 1986, is found in contempt of court for failure to 2,336
make support payments under the order, the court that makes the 2,337
finding, in addition to any other penalty or remedy imposed, 2,338
shall assess all court costs arising out of the contempt 2,339
proceeding against the person and require the person to pay any 2,340
reasonable attorney's fees of any adverse party, as determined by 2,341
the court, that arose in relation to the act of contempt. 2,342
54
(2) Notwithstanding section 3109.01 of the Revised Code, 2,344
if a juvenile court issues a child support order under this 2,345
chapter, the order shall remain in effect beyond the child's 2,346
eighteenth birthday as long as the child continuously attends on 2,347
a full-time basis any recognized and accredited high school or 2,348
the order provides that the duty of support of the child 2,349
continues beyond the child's eighteenth birthday. Except in 2,350
cases in which the order provides that the duty of support 2,351
continues for any period after the child reaches nineteen years 2,352
of age the order shall not remain in effect after the child
reaches nineteen years of age. Any parent ordered to pay support 2,354
under a child support order issued under this chapter shall 2,355
continue to pay support under the order, including during 2,356
seasonal vacation periods, until the order terminates. 2,357
(H) If a child who is charged with an act that would be an 2,359
offense if committed by an adult was fourteen years of age or 2,360
older and under eighteen years of age at the time of the alleged 2,361
act and if the case is transferred for criminal prosecution 2,362
pursuant to section 2151.26 of the Revised Code, the juvenile 2,364
court does not have jurisdiction to hear or determine the case 2,365
subsequent to the transfer. The court to which the case is 2,366
transferred for criminal prosecution pursuant to that section has 2,367
jurisdiction subsequent to the transfer to hear and determine the 2,368
case in the same manner as if the case originally had been 2,369
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea 2,370
authorized by Criminal Rule 11 or another section of the Revised 2,372
Code and jurisdiction to accept a verdict and to enter a judgment 2,373
of conviction pursuant to the Rules of Criminal Procedure against 2,374
the child for the commission of the offense that was the basis of 2,375
the transfer of the case for criminal prosecution, whether the 2,376
conviction is for the same degree or a lesser degree of the 2,377
offense charged, for the commission of a lesser-included offense, 2,378
or for the commission of another offense that is different from 2,379
55
the offense charged. 2,380
(I) If a person under eighteen years of age allegedly 2,383
commits an act that would be a felony if committed by an adult 2,384
and if the person is not taken into custody or apprehended for
that act until after the person attains twenty-one years of age, 2,385
the juvenile court does not have jurisdiction to hear or 2,386
determine any portion of the case charging the person with 2,387
committing that act. In those circumstances, divisions (B) and 2,388
(C) of section 2151.26 of the Revised Code do not apply regarding 2,389
the act, the case charging the person with committing the act 2,390
shall be a criminal prosecution commenced and heard in the 2,391
appropriate court having jurisdiction of the offense as if the 2,392
person had been eighteen years of age or older when the person 2,393
committed the act, all proceedings pertaining to the act shall be
within the jurisdiction of the court having jurisdiction of the 2,394
offense, and the court having jurisdiction of the offense has all 2,395
the authority and duties in the case as it has in other criminal 2,396
cases commenced in that court.
Sec. 2151.231. The parent, guardian, or custodian of a 2,406
child, the person with whom a child resides, or the child support 2,407
enforcement agency of the county in which the child, parent, 2,408
guardian, or custodian of the child resides may bring an action 2,410
in a juvenile court OR OTHER COURT WITH JURISDICTION UNDER 2,411
SECTION 2101.022 OR 2301.03 OF THE REVISED CODE under this 2,413
section requesting the court to issue an order requiring a parent 2,414
of the child to pay an amount for the support of the child 2,415
without regard to the marital status of the child's parents. NO
ACTION MAY BE BROUGHT UNDER THIS SECTION AGAINST A PERSON 2,416
PRESUMED TO BE THE PARENT OF A CHILD BASED ON AN ACKNOWLEDGMENT 2,417
OF PATERNITY THAT HAS NOT YET BECOME FINAL UNDER FORMER SECTION 2,418
3111.211 OR 5101.314 OR SECTION 2151.232, 3111.25, OR 3111.821 OF 2,419
THE REVISED CODE.
The parties to an action under this section may raise the 2,421
issue of the existence or nonexistence of a parent-child 2,422
56
relationship, unless a final and enforceable determination of the 2,423
issue has been made with respect to the parties pursuant to 2,424
Chapter 3111. of the Revised Code or an acknowledgment of 2,425
paternity signed by the child's parents has become final pursuant
to FORMER SECTION 3111.211 OR 5101.314 OR section 2151.232, 2,427
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code. If a 2,428
complaint is filed under this section and an issue concerning the 2,429
existence or nonexistence of a parent-child relationship is 2,430
raised, the court shall treat the action as an action pursuant to 2,431
sections 3111.01 to 3111.19 3111.18 of the Revised Code. An 2,432
order issued in an action under this section does not preclude a 2,433
party to the action from bringing a subsequent action pursuant to 2,434
sections 3111.01 to 3111.19 3111.18 of the Revised Code if the 2,435
issue concerning the existence or nonexistence of the 2,436
parent-child relationship was not determined with respect to the 2,437
party pursuant to a proceeding under this section, a proceeding 2,438
under Chapter 3111. of the Revised Code, or an acknowledgment of 2,439
paternity that has become final under FORMER SECTION 3111.211 OR 2,440
5101.314 OR section 2151.232, 3111.211 3111.25, or 5101.314 2,441
3111.821 of the Revised Code. An order issued pursuant to this 2,442
section shall remain effective until an order is issued pursuant 2,443
to sections 3111.01 to 3111.19 3111.18 of the Revised Code that a 2,444
parent-child relationship does not exist between the alleged 2,447
father of the child and the child or until the occurrence of an
event described in division (G)(4)(a) of section 3113.21 3119.88 2,449
of the Revised Code that would require the order to terminate. 2,450
The court, in accordance with section 3113.217 SECTIONS 2,452
3119.30 TO 3119.58 of the Revised Code, shall include in each 2,454
support order made under this section the requirement that one or 2,455
both of the parents provide for the health care needs of the 2,456
child to the satisfaction of the court. 2,457
Sec. 2151.232. If an acknowledgment has been filed and 2,466
entered into the birth registry pursuant to section 5101.314 2,467
3111.24 of the Revised Code but has not yet become final, either 2,469
57
parent who signed the acknowledgment may bring an action in the 2,470
juvenile court OR OTHER COURT WITH JURISDICTION UNDER SECTION 2,471
2101.022 OR 2301.03 OF THE REVISED CODE under this section 2,473
requesting that the court issue an order requiring a parent of 2,474
the child to pay an amount for the support of the child in 2,475
accordance with sections 3113.21 to 3113.219 CHAPTERS 3119., 2,476
3121., 3123., AND 3125. of the Revised Code. 2,478
The parties to an action under this section may raise the 2,480
issue of the existence or nonexistence of a parent-child 2,481
relationship. If an action is commenced pursuant to this section 2,482
and the issue of the existence or nonexistence of a parent-child 2,483
relationship is raised, the court shall treat the action as an 2,484
action commenced pursuant to sections 3111.01 to 3111.19 3111.18 2,485
of the Revised Code. If the issue is raised, the court shall 2,486
promptly notify the division OFFICE of child support in the 2,487
department of job and family services that it is conducting 2,489
proceedings in compliance with sections 3111.01 to 3111.19 2,490
3111.18 of the Revised Code. On receipt of the notice by the 2,492
division OFFICE, the acknowledgment of paternity signed by the 2,495
parties and filed pursuant to section 5101.314 3111.23 of the 2,496
Revised Code shall be considered rescinded. 2,497
If the parties do not raise the issue of the existence or 2,499
nonexistence of a parent-child relationship in the action and an 2,500
order is issued pursuant to this section prior to the date the 2,501
acknowledgment filed and entered on the birth registry under 2,502
section 5101.314 of the Revised Code becomes final, the 2,504
acknowledgment shall be considered final as of the date of the 2,505
issuance of the order. An order issued pursuant to this section
shall not affect an acknowledgment that becomes final pursuant to 2,506
section 5101.314 3111.25 of the Revised Code prior to the 2,507
issuance of the order. 2,508
Sec. 2151.33. (A) Pending hearing of a complaint filed 2,518
under section 2151.27 of the Revised Code or a motion filed or 2,519
made under division (B) of this section and the service of 2,520
58
citations, the juvenile court may make any temporary disposition 2,521
of any child that it considers necessary to protect the best 2,522
interest of the child and that can be made pursuant to division 2,523
(B) of this section. Upon the certificate of one or more 2,524
reputable practicing physicians, the court may summarily provide 2,525
for emergency medical and surgical treatment that appears to be 2,526
immediately necessary to preserve the health and well-being of 2,527
any child concerning whom a complaint or an application for care 2,528
has been filed, pending the service of a citation upon the 2,529
child's parents, guardian, or custodian. The court may order the 2,530
parents, guardian, or custodian, if the court finds the parents, 2,531
guardian, or custodian able to do so, to reimburse the court for 2,532
the expense involved in providing the emergency medical or 2,533
surgical treatment. Any person who disobeys the order for 2,534
reimbursement may be adjudged in contempt of court and punished 2,535
accordingly. 2,536
If the emergency medical or surgical treatment is furnished 2,538
to a child who is found at the hearing to be a nonresident of the 2,539
county in which the court is located and if the expense of the 2,540
medical or surgical treatment cannot be recovered from the 2,541
parents, legal guardian, or custodian of the child, the board of 2,542
county commissioners of the county in which the child has a legal 2,543
settlement shall reimburse the court for the reasonable cost of 2,544
the emergency medical or surgical treatment out of its general 2,545
fund. 2,546
(B)(1) After a complaint, petition, writ, or other 2,548
document initiating a case dealing with an alleged or adjudicated 2,549
abused, neglected, or dependent child is filed and upon the 2,550
filing or making of a motion pursuant to division (C) of this 2,551
section, the court, prior to the final disposition of the case, 2,552
may issue any of the following temporary orders to protect the 2,553
best interest of the child: 2,554
(a) An order granting temporary custody of the child to a 2,556
particular party; 2,557
59
(b) An order for the taking of the child into custody 2,559
pursuant to section 2151.31 of the Revised Code pending the 2,560
outcome of the adjudicatory and dispositional hearings; 2,561
(c) An order granting, limiting, or eliminating PARENTING 2,563
TIME OR visitation rights with respect to the child; 2,565
(d) An order requiring a party to vacate a residence that 2,567
will be lawfully occupied by the child; 2,568
(e) An order requiring a party to attend an appropriate 2,570
counseling program that is reasonably available to that party; 2,571
(f) Any other order that restrains or otherwise controls 2,573
the conduct of any party which conduct would not be in the best 2,574
interest of the child. 2,575
(2) Prior to the final disposition of a case subject to 2,577
division (B)(1) of this section, the court shall do both of the 2,578
following:
(a) Issue an order pursuant to sections 3113.21 to 2,580
3113.219 CHAPTERS 3119. TO 3125. of the Revised Code requiring 2,581
the parents, guardian, or person charged with the child's support 2,584
to pay support for the child.
(b) Issue an order requiring the parents, guardian, or 2,586
person charged with the child's support to continue to maintain 2,587
any health insurance coverage for the child that existed at the 2,588
time of the filing of the complaint, petition, writ, or other 2,589
document, or to obtain health insurance coverage in accordance 2,590
with section 3113.217 SECTIONS 3119.30 TO 3119.58 of the Revised 2,592
Code. 2,593
(C)(1) A court may issue an order pursuant to division (B) 2,595
of this section upon its own motion or if a party files a written 2,597
motion or makes an oral motion requesting the issuance of the 2,598
order and stating the reasons for it. Any notice sent by the 2,599
court as a result of a motion pursuant to this division shall 2,600
contain a notice that any party to a juvenile proceeding has the 2,601
right to be represented by counsel and to have appointed counsel 2,603
if the person is indigent.
60
(2) If a child is taken into custody pursuant to section 2,605
2151.31 of the Revised Code and placed in shelter care, the 2,606
public children services agency or private child placing agency 2,607
with which the child is placed in shelter care shall file or make 2,608
a motion as described in division (C)(1) of this section before 2,609
the end of the next day immediately after the date on which the 2,611
child was taken into custody and, at a minimum, shall request an 2,612
order for temporary custody under division (B)(1)(a) of this 2,613
section.
(3) A court that issues an order pursuant to division 2,615
(B)(1)(b) of this section shall comply with section 2151.419 of 2,617
the Revised Code.
(D) The court may grant an ex parte order upon its own 2,620
motion or a motion filed or made pursuant to division (C) of this 2,621
section requesting such an order if it appears to the court that 2,623
the best interest and the welfare of the child require that the 2,624
court issue the order immediately. The court, if acting on its 2,625
own motion, or the person requesting the granting of an ex parte 2,626
order, to the extent possible, shall give notice of its intent or 2,627
of the request to the parents, guardian, or custodian of the 2,628
child who is the subject of the request. If the court issues an 2,629
ex parte order, the court shall hold a hearing to review the 2,630
order within seventy-two hours after it is issued or before the 2,631
end of the next day after the day on which it is issued, 2,632
whichever occurs first. The court shall give written notice of 2,633
the hearing to all parties to the action and shall appoint a 2,634
guardian ad litem for the child prior to the hearing. 2,635
The written notice shall be given by all means that are 2,637
reasonably likely to result in the party receiving actual notice 2,638
and shall include all of the following: 2,639
(1) The date, time, and location of the hearing; 2,641
(2) The issues to be addressed at the hearing; 2,643
(3) A statement that every party to the hearing has a 2,645
right to counsel and to court-appointed counsel, if the party is 2,646
61
indigent; 2,647
(4) The name, telephone number, and address of the person 2,649
requesting the order; 2,650
(5) A copy of the order, except when it is not possible to 2,652
obtain it because of the exigent circumstances in the case. 2,653
If the court does not grant an ex parte order pursuant to a 2,655
motion filed or made pursuant to division (C) of this section or 2,657
its own motion, the court shall hold a shelter care hearing on 2,658
the motion within ten days after the motion is filed. The court 2,659
shall give notice of the hearing to all affected parties in the 2,660
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 2,662
dispositional hearings, shall not issue an order granting 2,663
temporary custody of a child to a public children services agency 2,664
or private child placing agency pursuant to this section, unless 2,665
the court determines and specifically states in the order that 2,666
the continued residence of the child in the child's current home 2,667
will be contrary to the child's best interest and welfare and the 2,668
court complies with section 2151.419 of the Revised Code. 2,669
(F) Each public children services agency and private child 2,671
placing agency that receives temporary custody of a child 2,672
pursuant to this section shall maintain in the child's case 2,673
record written documentation that it has placed the child, to the 2,674
extent that it is consistent with the best interest, welfare, and 2,675
special needs of the child, in the most family-like setting 2,676
available and in close proximity to the home of the parents, 2,677
custodian, or guardian of the child. 2,678
(G) For good cause shown, any court order that is issued 2,680
pursuant to this section may be reviewed by the court at any time 2,681
upon motion of any party to the action or upon the motion of the 2,682
court. 2,683
Sec. 2151.36. When a child has been committed as provided 2,692
by this chapter, the juvenile court shall issue an order pursuant 2,694
to sections 3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 2,695
62
3125. of the Revised Code requiring that the parent, guardian, or 2,698
person charged with the child's support pay for the care,
support, maintenance, and education of the child. The juvenile 2,700
court shall order that the parents, guardian, or person pay for 2,702
the expenses involved in providing orthopedic, medical, or 2,703
surgical treatment for, or for special care of, the child, enter 2,704
a judgment for the amount due, and enforce the judgment by 2,705
execution as in the court of common pleas.
Any expenses incurred for the care, support, maintenance, 2,707
education, orthopedic, medical, or surgical treatment, and 2,709
special care of a child who has a legal settlement in another 2,710
county shall be at the expense of the county of legal settlement 2,711
if the consent of the juvenile judge of the county of legal 2,712
settlement is first obtained. When the consent is obtained, the 2,713
board of county commissioners of the county in which the child 2,714
has a legal settlement shall reimburse the committing court for 2,715
the expenses out of its general fund. If the department of job 2,716
and family services considers it to be in the best interest of 2,718
any delinquent, dependent, unruly, abused, or neglected child who 2,719
has a legal settlement in a foreign state or country that the 2,720
child be returned to the state or country of legal settlement, 2,721
the juvenile court may commit the child to the department for the 2,722
child's return to that state or country. 2,723
Any expenses ordered by the court for the care, support, 2,726
maintenance, education, orthopedic, medical, or surgical
treatment, or special care of a dependent, neglected, abused, 2,728
unruly, or delinquent child or of a juvenile traffic offender
under this chapter, except the part of the expense that may be 2,730
paid by the state or federal government or paid by the parents, 2,732
guardians, or person charged with the child's support pursuant to 2,733
this section, shall be paid from the county treasury upon 2,734
specifically itemized vouchers, certified to by the judge. The 2,735
court shall not be responsible for any expenses resulting from 2,737
the commitment of children to any home, public children services 2,738
63
agency, private child placing agency, or other institution, 2,739
association, or agency, unless the court authorized the expenses 2,742
at the time of commitment.
Sec. 2151.49. In every case of conviction under sections 2,751
2151.01 to 2151.54 of the Revised Code, where imprisonment is 2,752
imposed as part of the punishment, the juvenile judge may suspend 2,753
sentence, before or during commitment, upon such condition as the 2,754
juvenile judge imposes. In the case of conviction for 2,755
non-support NONSUPPORT of a child who is receiving aid under 2,756
Chapter 5107. or 5115. of the Revised Code, if the juvenile judge 2,757
suspends sentence on condition that the person make payments for 2,758
support, the payment shall be made to the county department of 2,759
job and family services rather than to the child or custodian of 2,760
the child.
The court, in accordance with section 3113.217 SECTIONS 2,762
3119.30 TO 3119.58 of the Revised Code, shall include in each 2,764
support order made under this section the requirement that one or 2,765
both of the parents provide for the health care needs of the 2,766
child to the satisfaction of the court. 2,767
Sec. 2301.03. (A) In Franklin county, the judges of the 2,776
court of common pleas whose terms begin on January 1, 1953, 2,777
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, 2,778
1997, and successors, shall have the same qualifications, 2,779
exercise the same powers and jurisdiction, and receive the same 2,780
compensation as other judges of the court of common pleas of 2,781
Franklin county and shall be elected and designated as judges of 2,782
the court of common pleas, division of domestic relations. They 2,783
shall have all the powers relating to juvenile courts, and all 2,784
cases under Chapter 2151. of the Revised Code, all parentage 2,785
proceedings under Chapter 3111. of the Revised Code over which 2,786
the juvenile court has jurisdiction, and all divorce, dissolution 2,787
of marriage, legal separation, and annulment cases shall be 2,788
assigned to them. In addition to the judge's regular duties, the 2,789
judge who is senior in point of service shall serve on the 2,791
64
children services board and the county advisory board and shall 2,792
be the administrator of the domestic relations division and its 2,793
subdivisions and departments.
(B)(1) In Hamilton county, the judge of the court of 2,795
common pleas, whose term begins on January 1, 1957, and 2,796
successors, and the judge of the court of common pleas, whose 2,797
term begins on February 14, 1967, and successors, shall be the 2,798
juvenile judges as provided in Chapter 2151. of the Revised Code, 2,799
with the powers and jurisdiction conferred by that chapter. 2,800
(2) The judges of the court of common pleas whose terms 2,802
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and 2,803
successors, shall be elected and designated as judges of the 2,804
court of common pleas, division of domestic relations, and shall 2,805
have assigned to them all divorce, dissolution of marriage, legal 2,806
separation, and annulment cases coming before the court. On or 2,807
after the first day of July and before the first day of August of 2,808
1991 and each year thereafter, a majority of the judges of the 2,809
division of domestic relations shall elect one of the judges of 2,810
the division as administrative judge of that division. If a 2,811
majority of the judges of the division of domestic relations are 2,812
unable for any reason to elect an administrative judge for the 2,814
division before the first day of August, a majority of the judges 2,815
of the Hamilton county court of common pleas, as soon as possible 2,816
after that date, shall elect one of the judges of the division of 2,817
domestic relations as administrative judge of that division. The 2,818
term of the administrative judge shall begin on the earlier of 2,819
the first day of August of the year in which the administrative 2,820
judge is elected or the date on which the administrative judge is 2,822
elected by a majority of the judges of the Hamilton county court 2,825
of common pleas and shall terminate on the date on which the 2,826
administrative judge's successor is elected in the following 2,827
year. 2,828
In addition to the judge's regular duties, the 2,830
administrative judge of the division of domestic relations shall 2,832
65
be the administrator of the domestic relations division and its 2,833
subdivisions and departments and shall have charge of the 2,834
employment, assignment, and supervision of the personnel of the 2,835
division engaged in handling, servicing, or investigating 2,836
divorce, dissolution of marriage, legal separation, and annulment 2,837
cases, including any referees considered necessary by the judges 2,838
in the discharge of their various duties. 2,839
The administrative judge of the division of domestic 2,841
relations also shall designate the title, compensation, expense 2,842
allowances, hours, leaves of absence, and vacations of the 2,843
personnel of the division, and shall fix the duties of its 2,844
personnel. The duties of the personnel, in addition to those 2,845
provided for in other sections of the Revised Code, shall include 2,846
the handling, servicing, and investigation of divorce, 2,847
dissolution of marriage, legal separation, and annulment cases 2,848
and counseling and conciliation services that may be made 2,849
available to persons requesting them, whether or not the persons 2,850
are parties to an action pending in the division. 2,851
The board of county commissioners shall appropriate the sum 2,853
of money each year as will meet all the administrative expenses 2,854
of the division of domestic relations, including reasonable 2,855
expenses of the domestic relations judges and the division 2,856
counselors and other employees designated to conduct the 2,857
handling, servicing, and investigation of divorce, dissolution of 2,858
marriage, legal separation, and annulment cases, conciliation and 2,859
counseling, and all matters relating to those cases and 2,860
counseling, and the expenses involved in the attendance of 2,861
division personnel at domestic relations and welfare conferences 2,862
designated by the division, and the further sum each year as will 2,863
provide for the adequate operation of the division of domestic 2,864
relations. 2,865
The compensation and expenses of all employees and the 2,867
salary and expenses of the judges shall be paid by the county 2,868
treasurer from the money appropriated for the operation of the 2,869
66
division, upon the warrant of the county auditor, certified to by 2,870
the administrative judge of the division of domestic relations. 2,871
The summonses, warrants, citations, subpoenas, and other 2,873
writs of the division may issue to a bailiff, constable, or staff 2,874
investigator of the division or to the sheriff of any county or 2,875
any marshal, constable, or police officer, and the provisions of 2,876
law relating to the subpoenaing of witnesses in other cases shall 2,877
apply insofar as they are applicable. When a summons, warrant, 2,878
citation, subpoena, or other writ is issued to an officer, other 2,879
than a bailiff, constable, or staff investigator of the division, 2,880
the expense of serving it shall be assessed as a part of the 2,881
costs in the case involved. 2,882
(3) The judge of the court of common pleas of Hamilton 2,885
County whose term begins on January 3, 1997, shall be elected and 2,886
designated for one term only as the drug court judge of the court 2,887
of common pleas of Hamilton County, and the successors to that 2,889
judge shall be elected and designated as judges of the general 2,890
division of the court of common pleas of Hamilton county and 2,891
shall not have the authority granted by division (B)(3) of this 2,892
section. The drug court judge may accept or reject any case 2,893
referred to the drug court judge under division (B)(3) of this 2,894
section. After the drug court judge accepts a referred case, the 2,895
drug court judge has full authority over the case, including the 2,896
authority to conduct arraignment, accept pleas, enter findings 2,897
and dispositions, conduct trials, order treatment, and if 2,898
treatment is not successfully completed pronounce and enter 2,899
sentence.
A judge of the general division of the court of common 2,901
pleas of Hamilton County and a judge of the Hamilton County 2,903
municipal court may refer to the drug court judge any case, and 2,904
any companion cases, the judge determines meet the criteria 2,905
described under divisions (B)(3)(a) and (b) of this section. If 2,907
the drug court judge accepts referral of a referred case, the 2,908
case, and any companion cases, shall be transferred to the drug 2,910
67
court judge. A judge may refer a case meeting the criteria
described in divisions (B)(3)(a) and (b) of this section that 2,912
involves a violation of a term of probation to the drug court 2,913
judge, and, if the drug court judge accepts the referral, the 2,915
referring judge and the drug court judge have concurrent 2,916
jurisdiction over the case.
A judge of the general division of the court of common 2,918
pleas of Hamilton County and a judge of the Hamilton County 2,919
municipal court may refer a case to the drug court judge under 2,920
division (B)(3) of this section if the judge determines that both 2,921
of the following apply:
(a) One of the following applies: 2,923
(i) The case involves a drug abuse offense, as defined in 2,925
section 2925.01 of the Revised Code, that is a felony of the 2,927
third or fourth degree if the offense is committed prior to July 2,928
1, 1996, a felony of the third, fourth, or fifth degree if the 2,929
offense is committed on or after July 1, 1996, or a misdemeanor. 2,930
(ii) The case involves a theft offense, as defined in 2,932
section 2913.01 of the Revised Code, that is a felony of the 2,934
third or fourth degree if the offense is committed prior to July 2,935
1, 1996, a felony of the third, fourth, or fifth degree if the 2,936
offense is committed on or after July 1, 1996, or a misdemeanor, 2,937
and the defendant is drug or alcohol dependent or in danger of 2,938
becoming drug or alcohol dependent and would benefit from 2,939
treatment.
(b) All of the following apply: 2,941
(i) The case involves a probationable offense or a case in 2,943
which a mandatory prison term is not required to be imposed. 2,944
(ii) The defendant has no history of violent behavior. 2,946
(iii) The defendant has no history of mental illness. 2,948
(iv) The defendant's current or past behavior, or both, is 2,950
drug or alcohol driven. 2,951
(v) The defendant demonstrates a sincere willingness to 2,953
participate in a fifteen-month treatment process. 2,954
68
(vi) The defendant has no acute health condition. 2,956
(vii) If the defendant is incarcerated, the county 2,958
prosecutor approves of the referral. 2,959
(4) If the administrative judge of the court of common 2,961
pleas of Hamilton county determines that the volume of cases 2,962
pending before the drug court judge does not constitute a 2,963
sufficient caseload for the drug court judge, the administrative 2,964
judge, in accordance with the Rules of Superintendence for Courts 2,965
of Common Pleas, shall assign individual cases to the drug court 2,966
judge from the general docket of the court. If the assignments 2,967
so occur, the administrative judge shall cease the assignments 2,968
when the administrative judge determines that the volume of cases 2,969
pending before the drug court judge constitutes a sufficient 2,970
caseload for the drug court judge.
(C) In Lorain county, the judges of the court of common 2,972
pleas whose terms begin on January 3, 1959, January 4, 1989, and 2,973
January 2, 1999, and successors, shall have the same 2,975
qualifications, exercise the same powers and jurisdiction, and 2,976
receive the same compensation as the other judges of the court of 2,977
common pleas of Lorain county and shall be elected and designated 2,978
as the judges of the court of common pleas, division of domestic 2,979
relations. They shall have all of the powers relating to 2,980
juvenile courts, and all cases under Chapter 2151. of the Revised 2,981
Code, all parentage proceedings over which the juvenile court has 2,982
jurisdiction, and all divorce, dissolution of marriage, legal 2,983
separation, and annulment cases shall be assigned to them, except 2,984
cases that for some special reason are assigned to some other 2,985
judge of the court of common pleas. 2,986
(D)(1) In Lucas county, the judges of the court of common 2,988
pleas whose terms begin on January 1, 1955, and January 3, 1965, 2,989
and successors, shall have the same qualifications, exercise the 2,990
same powers and jurisdiction, and receive the same compensation 2,991
as other judges of the court of common pleas of Lucas county and 2,992
shall be elected and designated as judges of the court of common 2,993
69
pleas, division of domestic relations. All divorce, dissolution 2,994
of marriage, legal separation, and annulment cases shall be 2,995
assigned to them. 2,996
The judge of the division of domestic relations, senior in 2,998
point of service, shall be considered as the presiding judge of 2,999
the court of common pleas, division of domestic relations, and 3,000
shall be charged exclusively with the assignment and division of 3,001
the work of the division and the employment and supervision of 3,002
all other personnel of the domestic relations division. 3,003
(2) The judges of the court of common pleas whose terms 3,005
begin on January 5, 1977, and January 2, 1991, and successors 3,006
shall have the same qualifications, exercise the same powers and 3,007
jurisdiction, and receive the same compensation as other judges 3,008
of the court of common pleas of Lucas county, shall be elected 3,009
and designated as judges of the court of common pleas, juvenile 3,010
division, and shall be the juvenile judges as provided in Chapter 3,011
2151. of the Revised Code with the powers and jurisdictions 3,012
conferred by that chapter. In addition to the judge's regular 3,014
duties, the judge of the court of common pleas, juvenile 3,015
division, senior in point of service, shall be the administrator 3,016
of the juvenile division and its subdivisions and departments and 3,017
shall have charge of the employment, assignment, and supervision 3,018
of the personnel of the division engaged in handling, servicing, 3,019
or investigating juvenile cases, including any referees 3,020
considered necessary by the judges of the division in the 3,021
discharge of their various duties. 3,022
The judge of the court of common pleas, juvenile division, 3,024
senior in point of service, also shall designate the title, 3,025
compensation, expense allowance, hours, leaves of absence, and 3,026
vacation of the personnel of the division and shall fix the 3,027
duties of the personnel of the division. The duties of the 3,028
personnel, in addition to other statutory duties include the 3,029
handling, servicing, and investigation of juvenile cases and 3,030
counseling and conciliation services that may be made available 3,031
70
to persons requesting them, whether or not the persons are 3,032
parties to an action pending in the division. 3,033
(3) If one of the judges of the court of common pleas, 3,035
division of domestic relations, or one of the judges of the 3,036
juvenile division is sick, absent, or unable to perform that 3,037
judge's judicial duties or the volume of cases pending in that 3,039
judge's division necessitates it, the duties shall be performed 3,040
by the judges of the other of those divisions. 3,042
(E)(1) In Mahoning county, the judge of the court of 3,044
common pleas whose term began on January 1, 1955, and successors, 3,045
shall have the same qualifications, exercise the same powers and 3,046
jurisdiction, and receive the same compensation as other judges 3,047
of the court of common pleas of Mahoning county, shall be elected 3,048
and designated as judge of the court of common pleas, division of 3,049
domestic relations, and shall be assigned all the divorce, 3,052
dissolution of marriage, legal separation, and annulment cases 3,053
coming before the court. In addition to the judge's regular 3,054
duties, the judge of the court of common pleas, division of
domestic relations, shall be the administrator of the domestic 3,055
relations division and its subdivisions and departments and shall 3,056
have charge of the employment, assignment, and supervision of the 3,057
personnel of the division engaged in handling, servicing, or 3,058
investigating divorce, dissolution of marriage, legal separation, 3,059
and annulment cases, including any referees considered necessary 3,060
in the discharge of the various duties of the judge's office. 3,062
The judge also shall designate the title, compensation, 3,064
expense allowances, hours, leaves of absence, and vacations of 3,065
the personnel of the division and shall fix the duties of the 3,066
personnel of the division. The duties of the personnel, in 3,067
addition to other statutory duties, include the handling, 3,068
servicing, and investigation of divorce, dissolution of marriage, 3,069
legal separation, and annulment cases and counseling and 3,070
conciliation services that may be made available to persons 3,071
requesting them, whether or not the persons are parties to an 3,072
71
action pending in the division. 3,073
(2) The judge of the court of common pleas whose term 3,075
began on January 2, 1969, and successors, shall have the same 3,076
qualifications, exercise the same powers and jurisdiction, and 3,077
receive the same compensation as other judges of the court of 3,078
common pleas of Mahoning county, shall be elected and designated 3,079
as judge of the court of common pleas, juvenile division, and 3,080
shall be the juvenile judge as provided in Chapter 2151. of the 3,081
Revised Code, with the powers and jurisdictions conferred by that 3,082
chapter. In addition to the judge's regular duties, the judge of 3,084
the court of common pleas, juvenile division, shall be the 3,085
administrator of the juvenile division and its subdivisions and 3,086
departments and shall have charge of the employment, assignment, 3,087
and supervision of the personnel of the division engaged in 3,088
handling, servicing, or investigating juvenile cases, including 3,089
any referees considered necessary by the judge in the discharge 3,090
of the judge's various duties. 3,091
The judge also shall designate the title, compensation, 3,093
expense allowances, hours, leaves of absence, and vacation of the 3,094
personnel of the division and shall fix the duties of the 3,095
personnel of the division. The duties of the personnel, in 3,096
addition to other statutory duties, include the handling, 3,097
servicing, and investigation of juvenile cases and counseling and 3,098
conciliation services that may be made available to persons 3,099
requesting them, whether or not the persons are parties to an 3,100
action pending in the division. 3,101
(3) If a judge of the court of common pleas, division of 3,103
domestic relations or juvenile division, is sick, absent, or 3,104
unable to perform that judge's judicial duties, or the volume of 3,106
cases pending in that judge's division necessitates it, that 3,108
judge's duties shall be performed by another judge of the court 3,109
of common pleas.
(F)(1) In Montgomery county, the judges of the court of 3,111
common pleas whose terms begin on January 2, 1953, and January 4, 3,112
72
1977, and successors, shall have the same qualifications, 3,113
exercise the same powers and jurisdiction, and receive the same 3,114
compensation as other judges of the court of common pleas of 3,115
Montgomery county and shall be elected and designated as judges 3,116
of the court of common pleas, division of domestic relations. 3,117
These judges shall have assigned to them all divorce, dissolution 3,118
of marriage, legal separation, and annulment cases. 3,119
The judge of the division of domestic relations, senior in 3,121
point of service, shall be charged exclusively with the 3,122
assignment and division of the work of the division and shall 3,123
have charge of the employment and supervision of the personnel of 3,124
the division engaged in handling, servicing, or investigating 3,125
divorce, dissolution of marriage, legal separation, and annulment 3,126
cases, including any necessary referees, except those employees 3,127
who may be appointed by the judge, junior in point of service, 3,128
under this section and sections 2301.12, 2301.18, and 2301.19 of 3,129
the Revised Code. The judge of the division of domestic 3,130
relations, senior in point of service, also shall designate the 3,131
title, compensation, expense allowances, hours, leaves of 3,132
absence, and vacation of the personnel of the division and shall 3,133
fix their duties. 3,134
(2) The judges of the court of common pleas whose terms 3,136
begin on January 1, 1953, and January 1, 1993, and successors, 3,137
shall have the same qualifications, exercise the same powers and 3,138
jurisdiction, and receive the same compensation as other judges 3,139
of the court of common pleas of Montgomery county, shall be 3,140
elected and designated as judges of the court of common pleas, 3,141
juvenile division, and shall be, and have the powers and 3,142
jurisdiction of, the juvenile judge as provided in Chapter 2151. 3,143
of the Revised Code. 3,144
In addition to the judge's regular duties, the judge of the 3,146
court of common pleas, juvenile division, senior in point of 3,148
service, shall be the administrator of the juvenile division and 3,149
its subdivisions and departments and shall have charge of the 3,150
73
employment, assignment, and supervision of the personnel of the 3,151
juvenile division, including any necessary referees, who are 3,152
engaged in handling, servicing, or investigating juvenile cases. 3,153
The judge, senior in point of service, also shall designate the 3,154
title, compensation, expense allowances, hours, leaves of 3,155
absence, and vacation of the personnel of the division and shall 3,156
fix their duties. The duties of the personnel, in addition to 3,157
other statutory duties, shall include the handling, servicing, 3,158
and investigation of juvenile cases and of any counseling and 3,159
conciliation services that are available upon request to persons, 3,160
whether or not they are parties to an action pending in the 3,161
division. 3,162
If one of the judges of the court of common pleas, division 3,164
of domestic relations, or one of the judges of the court of 3,165
common pleas, juvenile division, is sick, absent, or unable to 3,166
perform that judge's duties or the volume of cases pending in 3,168
that judge's division necessitates it, the duties of that judge 3,170
may be performed by the judge or judges of the other of those 3,171
divisions.
(G) In Richland county, the judge of the court of common 3,173
pleas whose term begins on January 1, 1957, and successors, shall 3,174
have the same qualifications, exercise the same powers and 3,175
jurisdiction, and receive the same compensation as the other 3,176
judges of the court of common pleas of Richland county and shall 3,177
be elected and designated as judge of the court of common pleas, 3,178
division of domestic relations. That judge shall have all of the 3,180
powers relating to juvenile courts, and all cases under Chapter 3,181
2151. of the Revised Code, all parentage proceedings over which 3,182
the juvenile court has jurisdiction, and all divorce, dissolution 3,183
of marriage, legal separation, and annulment cases shall be 3,184
assigned to that judge, except in cases that for some special 3,185
reason are assigned to some other judge of the court of common 3,187
pleas.
(H) In Stark county, the judges of the court of common 3,189
74
pleas whose terms begin on January 1, 1953, January 2, 1959, and 3,190
January 1, 1993, and successors, shall have the same 3,191
qualifications, exercise the same powers and jurisdiction, and 3,192
receive the same compensation as other judges of the court of 3,193
common pleas of Stark county and shall be elected and designated 3,194
as judges of the court of common pleas, division of domestic 3,195
relations. They shall have all the powers relating to juvenile 3,196
courts, and all cases under Chapter 2151. of the Revised Code, 3,197
all parentage proceedings over which the juvenile court has 3,198
jurisdiction, and all divorce, dissolution of marriage, legal 3,199
separation, and annulment cases, except cases that are assigned 3,200
to some other judge of the court of common pleas for some special 3,201
reason, shall be assigned to the judges. 3,202
The judge of the division of domestic relations, second 3,204
most senior in point of service, shall have charge of the 3,205
employment and supervision of the personnel of the division 3,206
engaged in handling, servicing, or investigating divorce, 3,207
dissolution of marriage, legal separation, and annulment cases, 3,208
and necessary referees required for the judge's respective court. 3,210
The judge of the division of domestic relations, senior in 3,212
point of service, shall be charged exclusively with the 3,213
administration of sections 2151.13, 2151.16, 2151.17, and 2151.18 3,214
of the Revised Code and with the assignment and division of the 3,215
work of the division and the employment and supervision of all 3,216
other personnel of the division, including, but not limited to, 3,217
that judge's necessary referees, but excepting those employees 3,219
who may be appointed by the judge second most senior in point of 3,220
service. The senior judge further shall serve in every other 3,222
position in which the statutes permit or require a juvenile judge 3,223
to serve.
(I) In Summit county: 3,225
(1) The judges of the court of common pleas whose terms 3,227
begin on January 4, 1967, and January 6, 1993, and successors, 3,228
shall have the same qualifications, exercise the same powers and 3,229
75
jurisdiction, and receive the same compensation as other judges 3,230
of the court of common pleas of Summit county and shall be 3,231
elected and designated as judges of the court of common pleas, 3,232
division of domestic relations. The judges of the division of 3,233
domestic relations shall have assigned to them and hear all 3,234
divorce, dissolution of marriage, legal separation, and annulment 3,235
cases that come before the court. Except in cases that are 3,237
subject to the exclusive original jurisdiction of the juvenile 3,238
court, the judges of the division of domestic relations shall 3,239
have assigned to them and hear all cases pertaining to paternity, 3,240
custody, visitation, child support, or the allocation of parental 3,241
rights and responsibilities for the care of children and all 3,242
post-decree proceedings arising from any case pertaining to any 3,243
of those matters. The judges of the division of domestic 3,244
relations shall have assigned to them and hear all proceedings 3,245
under the uniform interstate family support act contained in 3,246
Chapter 3115. of the Revised Code.
The judge of the division of domestic relations, senior in 3,248
point of service, shall be the administrator of the domestic 3,249
relations division and its subdivisions and departments and shall 3,250
have charge of the employment, assignment, and supervision of the 3,251
personnel of the division, including any necessary referees, who 3,252
are engaged in handling, servicing, or investigating divorce, 3,253
dissolution of marriage, legal separation, and annulment cases. 3,254
That judge also shall designate the title, compensation, expense 3,255
allowances, hours, leaves of absence, and vacations of the 3,256
personnel of the division and shall fix their duties. The duties 3,257
of the personnel, in addition to other statutory duties, shall 3,258
include the handling, servicing, and investigation of divorce, 3,259
dissolution of marriage, legal separation, and annulment cases 3,260
and of any counseling and conciliation services that are 3,261
available upon request to all persons, whether or not they are 3,262
parties to an action pending in the division. 3,263
(2) The judge of the court of common pleas whose term 3,265
76
begins on January 1, 1955, and successors, shall have the same 3,266
qualifications, exercise the same powers and jurisdiction, and 3,267
receive the same compensation as other judges of the court of 3,268
common pleas of Summit county, shall be elected and designated as 3,269
judge of the court of common pleas, juvenile division, and shall 3,270
be, and have the powers and jurisdiction of, the juvenile judge 3,271
as provided in Chapter 2151. of the Revised Code. Except in 3,273
cases that are subject to the exclusive original jurisdiction of 3,274
the juvenile court, the judge of the juvenile division shall not 3,275
have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation, 3,276
child support, or the allocation of parental rights and 3,277
responsibilities for the care of children or any post-decree 3,278
proceeding arising from any case pertaining to any of those 3,279
matters. The judge of the juvenile division shall not have 3,280
jurisdiction or the power to hear, and shall not be assigned, any 3,281
proceeding under the uniform interstate family support act 3,282
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the 3,284
juvenile division and its subdivisions and departments and shall 3,285
have charge of the employment, assignment, and supervision of the 3,286
personnel of the juvenile division, including any necessary 3,287
referees, who are engaged in handling, servicing, or 3,288
investigating juvenile cases. The judge also shall designate the 3,289
title, compensation, expense allowances, hours, leaves of 3,290
absence, and vacation of the personnel of the division and shall 3,291
fix their duties. The duties of the personnel, in addition to 3,292
other statutory duties, shall include the handling, servicing, 3,293
and investigation of juvenile cases and of any counseling and 3,294
conciliation services that are available upon request to persons, 3,295
whether or not they are parties to an action pending in the 3,296
division. 3,297
(J) In Trumbull county, the judges of the court of common 3,299
pleas whose terms begin on January 1, 1953, and January 2, 1977, 3,300
77
and successors, shall have the same qualifications, exercise the 3,301
same powers and jurisdiction, and receive the same compensation 3,302
as other judges of the court of common pleas of Trumbull county 3,303
and shall be elected and designated as judges of the court of 3,304
common pleas, division of domestic relations. They shall have 3,305
all the powers relating to juvenile courts, and all cases under 3,306
Chapter 2151. of the Revised Code, all parentage proceedings over 3,307
which the juvenile court has jurisdiction, and all divorce, 3,308
dissolution of marriage, legal separation, and annulment cases 3,309
shall be assigned to them, except cases that for some special 3,310
reason are assigned to some other judge of the court of common 3,311
pleas. 3,312
(K) In Butler county: 3,314
(1) The judges of the court of common pleas whose terms 3,316
begin on January 1, 1957, and January 4, 1993, and successors, 3,317
shall have the same qualifications, exercise the same powers and 3,318
jurisdiction, and receive the same compensation as other judges 3,319
of the court of common pleas of Butler county and shall be 3,320
elected and designated as judges of the court of common pleas, 3,321
division of domestic relations. The judges of the division of 3,322
domestic relations shall have assigned to them all divorce, 3,323
dissolution of marriage, legal separation, and annulment cases 3,324
coming before the court, except in cases that for some special 3,325
reason are assigned to some other judge of the court of common 3,326
pleas. The judge senior in point of service shall be charged 3,327
with the assignment and division of the work of the division and 3,328
with the employment and supervision of all other personnel of the 3,329
domestic relations division. 3,330
The judge senior in point of service also shall designate 3,332
the title, compensation, expense allowances, hours, leaves of 3,333
absence, and vacations of the personnel of the division and shall 3,334
fix their duties. The duties of the personnel, in addition to 3,335
other statutory duties, shall include the handling, servicing, 3,336
and investigation of divorce, dissolution of marriage, legal 3,337
78
separation, and annulment cases and providing any counseling and 3,338
conciliation services that the division makes available to 3,339
persons, whether or not the persons are parties to an action 3,340
pending in the division, who request the services. 3,341
(2) The judge of the court of common pleas whose term 3,343
begins on January 3, 1987, and successors, shall have the same 3,344
qualifications, exercise the same powers and jurisdiction, and 3,345
receive the same compensation as other judges of the court of 3,346
common pleas of Butler county, shall be elected and designated as 3,347
judge of the court of common pleas, juvenile division, and shall 3,348
be the juvenile judge as provided in Chapter 2151. of the Revised 3,349
Code, with the powers and jurisdictions conferred by that 3,350
chapter. The judge of the court of common pleas, juvenile 3,351
division, shall be the administrator of the juvenile division and 3,352
its subdivisions and departments. The judge shall have charge of 3,353
the employment, assignment, and supervision of the personnel of 3,354
the juvenile division who are engaged in handling, servicing, or 3,355
investigating juvenile cases, including any referees whom the 3,356
judge considers necessary for the discharge of the judge's 3,357
various duties. 3,358
The judge also shall designate the title, compensation, 3,360
expense allowances, hours, leaves of absence, and vacation of the 3,361
personnel of the division and shall fix their duties. The duties 3,362
of the personnel, in addition to other statutory duties, include 3,363
the handling, servicing, and investigation of juvenile cases and 3,364
providing any counseling and conciliation services that the 3,365
division makes available to persons, whether or not the persons 3,366
are parties to an action pending in the division, who request the 3,367
services. 3,368
(3) If a judge of the court of common pleas, division of 3,370
domestic relations or juvenile division, is sick, absent, or 3,371
unable to perform that judge's judicial duties or the volume of 3,373
cases pending in the judge's division necessitates it, the duties 3,375
of that judge shall be performed by the other judges of the 3,376
79
domestic relations and juvenile divisions. 3,377
(L)(1) In Cuyahoga county, the judges of the court of 3,379
common pleas whose terms begin on January 8, 1961, January 9, 3,380
1961, January 18, 1975, January 19, 1975, and January 13, 1987, 3,381
and successors, shall have the same qualifications, exercise the 3,382
same powers and jurisdiction, and receive the same compensation 3,383
as other judges of the court of common pleas of Cuyahoga county 3,384
and shall be elected and designated as judges of the court of 3,385
common pleas, division of domestic relations. They shall have 3,386
all the powers relating to all divorce, dissolution of marriage, 3,387
legal separation, and annulment cases, except in cases that are 3,388
assigned to some other judge of the court of common pleas for 3,389
some special reason. 3,390
(2) The administrative judge is administrator of the 3,392
domestic relations division and its subdivisions and departments 3,393
and has the following powers concerning division personnel: 3,394
(a) Full charge of the employment, assignment, and 3,396
supervision; 3,397
(b) Sole determination of compensation, duties, expenses, 3,399
allowances, hours, leaves, and vacations. 3,400
(3) "Division personnel" include persons employed or 3,402
referees engaged in hearing, servicing, investigating, 3,403
counseling, or conciliating divorce, dissolution of marriage, 3,404
legal separation and annulment matters. 3,405
(M) In Lake county: 3,407
(1) The judge of the court of common pleas whose term 3,409
begins on January 2, 1961, and successors, shall have the same 3,410
qualifications, exercise the same powers and jurisdiction, and 3,411
receive the same compensation as the other judges of the court of 3,412
common pleas of Lake county and shall be elected and designated 3,413
as judge of the court of common pleas, division of domestic 3,414
relations. The judge shall be assigned all the divorce, 3,416
dissolution of marriage, legal separation, and annulment cases 3,417
coming before the court, except in cases that for some special 3,418
80
reason are assigned to some other judge of the court of common 3,419
pleas. The judge shall be charged with the assignment and 3,420
division of the work of the division and with the employment and 3,421
supervision of all other personnel of the domestic relations 3,422
division. 3,423
The judge also shall designate the title, compensation, 3,425
expense allowances, hours, leaves of absence, and vacations of 3,426
the personnel of the division and shall fix their duties. The 3,427
duties of the personnel, in addition to other statutory duties, 3,428
shall include the handling, servicing, and investigation of 3,429
divorce, dissolution of marriage, legal separation, and annulment 3,430
cases and providing any counseling and conciliation services that 3,431
the division makes available to persons, whether or not the 3,432
persons are parties to an action pending in the division, who 3,433
request the services. 3,434
(2) The judge of the court of common pleas whose term 3,436
begins on January 4, 1979, and successors, shall have the same 3,437
qualifications, exercise the same powers and jurisdiction, and 3,438
receive the same compensation as other judges of the court of 3,439
common pleas of Lake county, shall be elected and designated as 3,440
judge of the court of common pleas, juvenile division, and shall 3,441
be the juvenile judge as provided in Chapter 2151. of the Revised 3,442
Code, with the powers and jurisdictions conferred by that 3,443
chapter. The judge of the court of common pleas, juvenile 3,444
division, shall be the administrator of the juvenile division and 3,445
its subdivisions and departments. The judge shall have charge of 3,446
the employment, assignment, and supervision of the personnel of 3,447
the juvenile division who are engaged in handling, servicing, or 3,448
investigating juvenile cases, including any referees whom the 3,449
judge considers necessary for the discharge of the judge's 3,450
various duties. 3,451
The judge also shall designate the title, compensation, 3,453
expense allowances, hours, leaves of absence, and vacation of the 3,454
personnel of the division and shall fix their duties. The duties 3,455
81
of the personnel, in addition to other statutory duties, include 3,456
the handling, servicing, and investigation of juvenile cases and 3,457
providing any counseling and conciliation services that the 3,458
division makes available to persons, whether or not the persons 3,459
are parties to an action pending in the division, who request the 3,460
services. 3,461
(3) If a judge of the court of common pleas, division of 3,463
domestic relations or juvenile division, is sick, absent, or 3,464
unable to perform that judge's judicial duties or the volume of 3,466
cases pending in the judge's division necessitates it, the duties 3,468
of that judge shall be performed by the other judges of the 3,469
domestic relations and juvenile divisions. 3,470
(N) In Erie county, the judge of the court of common pleas 3,472
whose term begins on January 2, 1971, and successors, shall have 3,473
the same qualifications, exercise the same powers and 3,474
jurisdiction, and receive the same compensation as the other 3,475
judge of the court of common pleas of Erie county and shall be 3,476
elected and designated as judge of the court of common pleas, 3,477
division of domestic relations. The judge shall have all the 3,478
powers relating to juvenile courts, and shall be assigned all 3,479
cases under Chapter 2151. of the Revised Code, parentage 3,481
proceedings over which the juvenile court has jurisdiction, and 3,483
divorce, dissolution of marriage, legal separation, and annulment 3,484
cases, except cases that for some special reason are assigned to 3,485
some other judge. 3,486
(O) In Greene county: 3,488
(1) The judge of the court of common pleas whose term 3,490
begins on January 1, 1961, and successors, shall have the same 3,491
qualifications, exercise the same powers and jurisdiction, and 3,492
receive the same compensation as the other judges of the court of 3,493
common pleas of Greene county and shall be elected and designated 3,494
as the judge of the court of common pleas, division of domestic 3,495
relations. The judge shall be assigned all divorce, dissolution 3,497
of marriage, legal separation, annulment, uniform reciprocal 3,498
82
support enforcement, and domestic violence cases and all other 3,499
cases related to domestic relations, except cases that for some 3,500
special reason are assigned to some other judge of the court of 3,501
common pleas.
The judge shall be charged with the assignment and division 3,503
of the work of the division and with the employment and 3,504
supervision of all other personnel of the division. The judge 3,506
also shall designate the title, compensation, hours, leaves of 3,508
absence, and vacations of the personnel of the division and shall 3,509
fix their duties. The duties of the personnel of the division, 3,510
in addition to other statutory duties, shall include the 3,511
handling, servicing, and investigation of divorce, dissolution of 3,512
marriage, legal separation, and annulment cases and the provision 3,513
of counseling and conciliation services that the division 3,514
considers necessary and makes available to persons who request 3,515
the services, whether or not the persons are parties in an action 3,516
pending in the division. The compensation for the personnel 3,517
shall be paid from the overall court budget and shall be included 3,518
in the appropriations for the existing judges of the general 3,519
division of the court of common pleas.
(2) The judge of the court of common pleas whose term 3,521
begins on January 1, 1995, and successors, shall have the same 3,522
qualifications, exercise the same powers and jurisdiction, and 3,523
receive the same compensation as the other judges of the court of 3,524
common pleas of Greene county, shall be elected and designated as 3,525
judge of the court of common pleas, juvenile division, and, on or 3,526
after January 1, 1995, shall be the juvenile judge as provided in 3,527
Chapter 2151. of the Revised Code with the powers and 3,528
jurisdiction conferred by that chapter. The judge of the court 3,529
of common pleas, juvenile division, shall be the administrator of 3,530
the juvenile division and its subdivisions and departments. The 3,531
judge shall have charge of the employment, assignment, and 3,532
supervision of the personnel of the juvenile division who are 3,533
engaged in handling, servicing, or investigating juvenile cases, 3,534
83
including any referees whom the judge considers necessary for the 3,535
discharge of the judge's various duties. 3,536
The judge also shall designate the title, compensation, 3,538
expense allowances, hours, leaves of absence, and vacation of the 3,539
personnel of the division and shall fix their duties. The duties 3,540
of the personnel, in addition to other statutory duties, include 3,541
the handling, servicing, and investigation of juvenile cases and 3,542
providing any counseling and conciliation services that the court 3,543
makes available to persons, whether or not the persons are 3,544
parties to an action pending in the court, who request the 3,545
services. 3,546
(3) If one of the judges of the court of common pleas, 3,548
general division, is sick, absent, or unable to perform that 3,549
judge's judicial duties or the volume of cases pending in the 3,550
general division necessitates it, the duties of that judge of the 3,552
general division shall be performed by the judge of the division 3,553
of domestic relations and the judge of the juvenile division. 3,554
(P) In Portage county, the judge of the court of common 3,556
pleas, whose term begins January 2, 1987, and successors, shall 3,557
have the same qualifications, exercise the same powers and 3,558
jurisdiction, and receive the same compensation as the other 3,559
judges of the court of common pleas of Portage county and shall 3,560
be elected and designated as judge of the court of common pleas, 3,561
division of domestic relations. The judge shall be assigned all 3,563
divorce, dissolution of marriage, legal separation, and annulment 3,565
cases coming before the court, except in cases that for some 3,566
special reason are assigned to some other judge of the court of 3,567
common pleas. The judge shall be charged with the assignment and 3,568
division of the work of the division and with the employment and 3,569
supervision of all other personnel of the domestic relations 3,570
division.
The judge also shall designate the title, compensation, 3,572
expense allowances, hours, leaves of absence, and vacations of 3,573
the personnel of the division and shall fix their duties. The 3,574
84
duties of the personnel, in addition to other statutory duties, 3,575
shall include the handling, servicing, and investigation of 3,576
divorce, dissolution of marriage, legal separation, and annulment 3,577
cases and providing any counseling and conciliation services that 3,578
the division makes available to persons, whether or not the 3,579
persons are parties to an action pending in the division, who 3,580
request the services. 3,581
(Q) In Clermont county, the judge of the court of common 3,583
pleas, whose term begins January 2, 1987, and successors, shall 3,584
have the same qualifications, exercise the same powers and 3,585
jurisdiction, and receive the same compensation as the other 3,586
judges of the court of common pleas of Clermont county and shall 3,587
be elected and designated as judge of the court of common pleas, 3,588
division of domestic relations. The judge shall be assigned all 3,590
divorce, dissolution of marriage, legal separation, and annulment 3,592
cases coming before the court, except in cases that for some 3,593
special reason are assigned to some other judge of the court of 3,594
common pleas. The judge shall be charged with the assignment and 3,595
division of the work of the division and with the employment and 3,596
supervision of all other personnel of the domestic relations 3,597
division.
The judge also shall designate the title, compensation, 3,599
expense allowances, hours, leaves of absence, and vacations of 3,600
the personnel of the division and shall fix their duties. The 3,601
duties of the personnel, in addition to other statutory duties, 3,602
shall include the handling, servicing, and investigation of 3,603
divorce, dissolution of marriage, legal separation, and annulment 3,604
cases and providing any counseling and conciliation services that 3,605
the division makes available to persons, whether or not the 3,606
persons are parties to an action pending in the division, who 3,607
request the services. 3,608
(R) In Warren county, the judge of the court of common 3,610
pleas, whose term begins January 1, 1987, and successors, shall 3,611
have the same qualifications, exercise the same powers and 3,612
85
jurisdiction, and receive the same compensation as the other 3,613
judges of the court of common pleas of Warren county and shall be 3,614
elected and designated as judge of the court of common pleas, 3,615
division of domestic relations. The judge shall be assigned all 3,617
divorce, dissolution of marriage, legal separation, and annulment 3,619
cases coming before the court, except in cases that for some 3,620
special reason are assigned to some other judge of the court of 3,621
common pleas. The judge shall be charged with the assignment and 3,622
division of the work of the division and with the employment and 3,623
supervision of all other personnel of the domestic relations 3,624
division.
The judge also shall designate the title, compensation, 3,626
expense allowances, hours, leaves of absence, and vacations of 3,627
the personnel of the division and shall fix their duties. The 3,628
duties of the personnel, in addition to other statutory duties, 3,629
shall include the handling, servicing, and investigation of 3,630
divorce, dissolution of marriage, legal separation, and annulment 3,631
cases and providing any counseling and conciliation services that 3,632
the division makes available to persons, whether or not the 3,633
persons are parties to an action pending in the division, who 3,634
request the services. 3,635
(S) In Licking county, the judge of the court of common 3,637
pleas, whose term begins January 1, 1991, and successors, shall 3,638
have the same qualifications, exercise the same powers and 3,639
jurisdiction, and receive the same compensation as the other 3,640
judges of the court of common pleas of Licking county and shall 3,641
be elected and designated as judge of the court of common pleas, 3,642
division of domestic relations. The judge shall be assigned all 3,644
divorce, dissolution of marriage, legal separation, and annulment 3,646
cases, all cases arising under Chapter 3111. of the Revised Code, 3,647
all proceedings involving child support, the allocation of 3,648
parental rights and responsibilities for the care of children and 3,649
the designation for the children of a place of residence and 3,650
legal custodian, PARENTING TIME, and visitation, and all 3,651
86
post-decree proceedings and matters arising from those cases and 3,652
proceedings, except in cases that for some special reason are 3,653
assigned to another judge of the court of common pleas. The 3,654
judge shall be charged with the assignment and division of the 3,655
work of the division and with the employment and supervision of 3,656
the personnel of the division. 3,657
The judge shall designate the title, compensation, expense 3,659
allowances, hours, leaves of absence, and vacations of the 3,660
personnel of the division and shall fix the duties of the 3,661
personnel of the division. The duties of the personnel of the 3,662
division, in addition to other statutory duties, shall include 3,663
the handling, servicing, and investigation of divorce, 3,664
dissolution of marriage, legal separation, and annulment cases, 3,665
cases arising under Chapter 3111. of the Revised Code, and 3,666
proceedings involving child support, the allocation of parental 3,667
rights and responsibilities for the care of children and the 3,668
designation for the children of a place of residence and legal 3,669
custodian, PARENTING TIME, and visitation and providing any 3,670
counseling and conciliation services that the division makes 3,672
available to persons, whether or not the persons are parties to 3,673
an action pending in the division, who request the services. 3,674
(T) In Allen county, the judge of the court of common 3,676
pleas, whose term begins January 1, 1993, and successors, shall 3,677
have the same qualifications, exercise the same powers and 3,678
jurisdiction, and receive the same compensation as the other 3,679
judges of the court of common pleas of Allen county and shall be 3,680
elected and designated as judge of the court of common pleas, 3,681
division of domestic relations. The judge shall be assigned all 3,683
divorce, dissolution of marriage, legal separation, and annulment 3,685
cases, all cases arising under Chapter 3111. of the Revised Code, 3,686
all proceedings involving child support, the allocation of 3,687
parental rights and responsibilities for the care of children and 3,688
the designation for the children of a place of residence and 3,689
legal custodian, PARENTING TIME, and visitation, and all 3,690
87
post-decree proceedings and matters arising from those cases and 3,691
proceedings, except in cases that for some special reason are 3,692
assigned to another judge of the court of common pleas. The 3,693
judge shall be charged with the assignment and division of the 3,694
work of the division and with the employment and supervision of 3,695
the personnel of the division. 3,696
The judge shall designate the title, compensation, expense 3,698
allowances, hours, leaves of absence, and vacations of the 3,699
personnel of the division and shall fix the duties of the 3,700
personnel of the division. The duties of the personnel of the 3,701
division, in addition to other statutory duties, shall include 3,702
the handling, servicing, and investigation of divorce, 3,703
dissolution of marriage, legal separation, and annulment cases, 3,704
cases arising under Chapter 3111. of the Revised Code, and 3,705
proceedings involving child support, the allocation of parental 3,706
rights and responsibilities for the care of children and the 3,707
designation for the children of a place of residence and legal 3,708
custodian, PARENTING TIME, and visitation, and providing any 3,709
counseling and conciliation services that the division makes 3,711
available to persons, whether or not the persons are parties to 3,712
an action pending in the division, who request the services. 3,713
(U) In Medina county, the judge of the court of common 3,715
pleas whose term begins January 1, 1995, and successors, shall 3,716
have the same qualifications, exercise the same powers and 3,717
jurisdiction, and receive the same compensation as other judges 3,718
of the court of common pleas of Medina county and shall be 3,719
elected and designated as judge of the court of common pleas, 3,720
division of domestic relations. The judge shall be assigned all 3,722
divorce, dissolution of marriage, legal separation, and annulment 3,724
cases, all cases arising under Chapter 3111. of the Revised Code, 3,725
all proceedings involving child support, the allocation of 3,726
parental rights and responsibilities for the care of children and 3,727
the designation for the children of a place of residence and 3,728
legal custodian, PARENTING TIME, and visitation, and all 3,729
88
post-decree proceedings and matters arising from those cases and 3,730
proceedings, except in cases that for some special reason are 3,731
assigned to another judge of the court of common pleas. The 3,732
judge shall be charged with the assignment and division of the 3,733
work of the division and with the employment and supervision of 3,734
the personnel of the division. 3,735
The judge shall designate the title, compensation, expense 3,737
allowances, hours, leaves of absence, and vacations of the 3,738
personnel of the division and shall fix the duties of the 3,739
personnel of the division. The duties of the personnel, in 3,740
addition to other statutory duties, include the handling, 3,741
servicing, and investigation of divorce, dissolution of marriage, 3,742
legal separation, and annulment cases, cases arising under 3,743
Chapter 3111. of the Revised Code, and proceedings involving 3,744
child support, the allocation of parental rights and 3,745
responsibilities for the care of children and the designation for 3,746
the children of a place of residence and legal custodian, 3,747
PARENTING TIME, and visitation, and providing counseling and 3,748
conciliation services that the division makes available to 3,750
persons, whether or not the persons are parties to an action 3,751
pending in the division, who request the services. 3,752
(V) In Fairfield county, the judge of the court of common 3,754
pleas whose term begins January 2, 1995, and successors, shall 3,755
have the same qualifications, exercise the same powers and 3,756
jurisdiction, and receive the same compensation as the other 3,757
judges of the court of common pleas of Fairfield county and shall 3,758
be elected and designated as judge of the court of common pleas, 3,759
division of domestic relations. The judge shall be assigned all 3,761
divorce, dissolution of marriage, legal separation, and annulment 3,763
cases, all cases arising under Chapter 3111. of the Revised Code, 3,764
all proceedings involving child support, the allocation of 3,765
parental rights and responsibilities for the care of children and 3,766
the designation for the children of a place of residence and 3,767
legal custodian, PARENTING TIME, and visitation, and all 3,768
89
post-decree proceedings and matters arising from those cases and 3,769
proceedings, except in cases that for some special reason are 3,770
assigned to another judge of the court of common pleas. The 3,771
judge also has concurrent jurisdiction with the probate-juvenile 3,772
division of the court of common pleas of Fairfield county with 3,773
respect to and may hear cases to determine the custody of a 3,774
child, as defined in section 2151.011 of the Revised Code, who is 3,776
not the ward of another court of this state, cases that are
commenced by a parent, guardian, or custodian of a child, as 3,777
defined in section 2151.011 of the Revised Code, to obtain an 3,778
order requiring a parent of the child to pay child support for 3,779
that child when the request for that order is not ancillary to an
action for divorce, dissolution of marriage, annulment, or legal 3,780
separation, a criminal or civil action involving an allegation of 3,781
domestic violence, an action for support under Chapter 3115. of 3,782
the Revised Code, or an action that is within the exclusive 3,783
original jurisdiction of the probate-juvenile division of the 3,784
court of common pleas of Fairfield county and that involves an
allegation that the child is an abused, neglected, or dependent 3,785
child, and post-decree proceedings and matters arising from those 3,786
types of cases.
The judge of the domestic relations division shall be 3,788
charged with the assignment and division of the work of the 3,791
division and with the employment and supervision of the personnel 3,792
of the division.
The judge shall designate the title, compensation, expense 3,794
allowances, hours, leaves of absence, and vacations of the 3,795
personnel of the division and shall fix the duties of the 3,796
personnel of the division. The duties of the personnel of the 3,797
division, in addition to other statutory duties, shall include 3,798
the handling, servicing, and investigation of divorce, 3,799
dissolution of marriage, legal separation, and annulment cases, 3,800
cases arising under Chapter 3111. of the Revised Code, and 3,801
proceedings involving child support, the allocation of parental 3,802
90
rights and responsibilities for the care of children and the 3,803
designation for the children of a place of residence and legal 3,804
custodian, PARENTING TIME, and visitation, and providing any 3,805
counseling and conciliation services that the division makes 3,807
available to persons, regardless of whether the persons are 3,808
parties to an action pending in the division, who request the 3,809
services. When the judge hears a case to determine the custody 3,810
of a child, as defined in section 2151.011 of the Revised Code, 3,811
who is not the ward of another court of this state or a case that 3,812
is commenced by a parent, guardian, or custodian of a child, as 3,813
defined in section 2151.011 of the Revised Code, to obtain an
order requiring a parent of the child to pay child support for 3,814
that child when the request for that order is not ancillary to an 3,815
action for divorce, dissolution of marriage, annulment, or legal 3,816
separation, a criminal or civil action involving an allegation of 3,817
domestic violence, an action for support under Chapter 3115. of 3,818
the Revised Code, or an action that is within the exclusive 3,819
original jurisdiction of the probate-juvenile division of the
court of common pleas of Fairfield county and that involves an 3,821
allegation that the child is an abused, neglected, or dependent 3,822
child, the duties of the personnel of the domestic relations 3,823
division also include the handling, servicing, and investigation 3,824
of those types of cases.
(W)(1) In Clark county, the judge of the court of common 3,826
pleas whose term begins on January 2, 1995, and successors, shall 3,827
have the same qualifications, exercise the same powers and 3,828
jurisdiction, and receive the same compensation as other judges 3,829
of the court of common pleas of Clark county and shall be elected 3,830
and designated as judge of the court of common pleas, domestic 3,831
relations division. The judge shall have all the powers relating 3,833
to juvenile courts, and all cases under Chapter 2151. of the 3,834
Revised Code and all parentage proceedings under Chapter 3111. of 3,835
the Revised Code over which the juvenile court has jurisdiction 3,836
shall be assigned to the judge of the division of domestic 3,837
91
relations. All divorce, dissolution of marriage, legal 3,838
separation, annulment, uniform reciprocal support enforcement, 3,839
and other cases related to domestic relations shall be assigned 3,840
to the domestic relations division, and the presiding judge of 3,841
the court of common pleas shall assign the cases to the judge of 3,842
the domestic relations division and the judges of the general 3,843
division. 3,844
(2) In addition to the judge's regular duties, the judge 3,846
of the division of domestic relations shall serve on the children 3,848
services board and the county advisory board. 3,849
(3) If the judge of the court of common pleas of Clark 3,851
county, division of domestic relations, is sick, absent, or 3,852
unable to perform that judge's judicial duties or if the 3,853
presiding judge of the court of common pleas of Clark county 3,856
determines that the volume of cases pending in the division of 3,857
domestic relations necessitates it, the duties of the judge of 3,858
the division of domestic relations shall be performed by the 3,859
judges of the general division or probate division of the court 3,860
of common pleas of Clark county, as assigned for that purpose by 3,861
the presiding judge of that court, and the judges so assigned 3,862
shall act in conjunction with the judge of the division of 3,863
domestic relations of that court. 3,864
(X) In Scioto county, the judge of the court of common 3,866
pleas whose term begins January 2, 1995, and successors, shall 3,868
have the same qualifications, exercise the same powers and 3,869
jurisdiction, and receive the same compensation as other judges 3,870
of the court of common pleas of Scioto county and shall be 3,871
elected and designated as judge of the court of common pleas, 3,872
division of domestic relations. The judge shall be assigned all 3,874
divorce, dissolution of marriage, legal separation, and annulment 3,876
cases, all cases arising under Chapter 3111. of the Revised Code, 3,877
all proceedings involving child support, the allocation of 3,878
parental rights and responsibilities for the care of children and 3,879
the designation for the children of a place of residence and 3,880
92
legal custodian, PARENTING TIME, visitation, and all post-decree 3,881
proceedings and matters arising from those cases and proceedings, 3,882
except in cases that for some special reason are assigned to 3,883
another judge of the court of common pleas. The judge shall be 3,884
charged with the assignment and division of the work of the 3,885
division and with the employment and supervision of the personnel 3,886
of the division. 3,887
The judge shall designate the title, compensation, expense 3,889
allowances, hours, leaves of absence, and vacations of the 3,890
personnel of the division and shall fix the duties of the 3,891
personnel of the division. The duties of the personnel, in 3,892
addition to other statutory duties, include the handling, 3,893
servicing, and investigation of divorce, dissolution of marriage, 3,894
legal separation, and annulment cases, cases arising under 3,895
Chapter 3111. of the Revised Code, and proceedings involving 3,896
child support, the allocation of parental rights and 3,897
responsibilities for the care of children and the designation for 3,898
the children of a place of residence and legal custodian, 3,899
PARENTING TIME, and visitation, and providing counseling and 3,901
conciliation services that the division makes available to 3,902
persons, whether or not the persons are parties to an action 3,903
pending in the division, who request the services. 3,904
(Y) In Auglaize county, the judge of the probate and 3,906
juvenile divisions of the Auglaize county court of common pleas 3,907
also shall be the administrative judge of the domestic relations 3,908
division of the court and shall be assigned all divorce, 3,910
dissolution of marriage, legal separation, and annulment cases 3,911
coming before the court. The judge shall have all powers as 3,912
administrator of the domestic relations division and shall have 3,913
charge of the personnel engaged in handling, servicing, or 3,914
investigating divorce, dissolution of marriage, legal separation, 3,915
and annulment cases, including any referees considered necessary 3,916
for the discharge of the judge's various duties. 3,917
(Z)(1) In Marion county, the judge of the court of common 3,920
93
pleas whose term begins on February 9, 1999, and the successors 3,921
to that judge, shall have the same qualifications, exercise the 3,922
same powers and jurisdiction, and receive the same compensation
as the other judges of the court of common pleas of Marion county 3,924
and shall be elected and designated as judge of the court of 3,925
common pleas, domestic relations-juvenile-probate division. 3,926
Except as otherwise specified in this division, that judge, and 3,927
the successors to that judge, shall have all the powers relating 3,928
to juvenile courts, and all cases under Chapter 2151. of the 3,929
Revised Code, all cases arising under Chapter 3111. of the 3,930
Revised Code, all divorce, dissolution of marriage, legal 3,931
separation, and annulment cases, all proceedings involving child 3,932
support, the allocation of parental rights and responsibilities 3,933
for the care of children and the designation for the children of 3,934
a place of residence and legal custodian, PARENTING TIME, and
visitation, and all post-decree proceedings and matters arising 3,936
from those cases and proceedings shall be assigned to that judge 3,937
and the successors to that judge. Except as provided in division 3,938
(Z)(2) of this section and notwithstanding any other provision of 3,939
any section of the Revised Code, on and after February 9, 2003, 3,940
the judge of the court of common pleas of Marion county whose 3,942
term begins on February 9, 1999, and the successors to that 3,943
judge, shall have all the powers relating to the probate division 3,944
of the court of common pleas of Marion county in addition to the 3,945
powers previously specified in this division, and shall exercise 3,946
concurrent jurisdiction with the judge of the probate division of 3,947
that court over all matters that are within the jurisdiction of 3,948
the probate division of that court under Chapter 2101., and other 3,949
provisions, of the Revised Code in addition to the jurisdiction 3,950
of the domestic relations-juvenile-probate division of that court 3,951
otherwise specified in division (Z)(1) of this section. 3,952
(2) The judge of the domestic relations-juvenile-probate 3,954
division of the court of common pleas of Marion county or the 3,955
judge of the probate division of the court of common pleas of 3,956
94
Marion county, whichever of those judges is senior in total 3,958
length of service on the court of common pleas of Marion county, 3,959
regardless of the division or divisions of service, shall serve 3,960
as the clerk of the probate division of the court of common pleas 3,961
of Marion county.
(3) On and after February 9, 2003, all references in law 3,964
to "the probate court," "the probate judge," "the juvenile
court," or "the judge of the juvenile court" shall be construed, 3,965
with respect to Marion county, as being references to both "the 3,967
probate division" and "the domestic relations-juvenile-probate
division" and as being references to both "the judge of the 3,968
probate division" and "the judge of the domestic relations- 3,969
juvenile-probate division." On and after February 9, 2003, all 3,970
references in law to "the clerk of the probate court" shall be 3,971
construed, with respect to Marion county, as being references to 3,972
the judge who is serving pursuant to division (Z)(2) of this 3,973
section as the clerk of the probate division of the court of 3,974
common pleas of Marion county.
(AA) If a judge of the court of common pleas, division of 3,976
domestic relations, or juvenile judge, of any of the counties 3,977
mentioned in this section is sick, absent, or unable to perform 3,978
that judge's judicial duties or the volume of cases pending in 3,980
the judge's division necessitates it, the duties of that judge 3,981
shall be performed by another judge of the court of common pleas 3,982
of that county, assigned for that purpose by the presiding judge 3,983
of the court of common pleas of that county to act in place of or 3,984
in conjunction with that judge, as the case may require. 3,985
Sec. 2301.99. Whoever violates section 2301.33 or division 3,994
(B) of section 2301.39 of the Revised Code shall be fined not 3,995
less than fifty nor more than two hundred dollars and imprisoned 3,997
not less than ten nor more than thirty days. 3,998
Sec. 2317.02. The following persons shall not testify in 4,007
certain respects: 4,008
(A) An attorney, concerning a communication made to the 4,010
95
attorney by a client in that relation or the attorney's advice to 4,012
a client, except that the attorney may testify by express consent 4,013
of the client or, if the client is deceased, by the express 4,014
consent of the surviving spouse or the executor or administrator 4,015
of the estate of the deceased client and except that, if the 4,016
client voluntarily testifies or is deemed by section 2151.421 of 4,017
the Revised Code to have waived any testimonial privilege under 4,018
this division, the attorney may be compelled to testify on the 4,019
same subject;
(B)(1) A physician or a dentist concerning a communication 4,021
made to the physician or dentist by a patient in that relation or 4,022
the physician's or dentist's advice to a patient, except as 4,024
otherwise provided in this division, division (B)(2), and
division (B)(3) of this section, and except that, if the patient 4,025
is deemed by section 2151.421 of the Revised Code to have waived 4,026
any testimonial privilege under this division, the physician may 4,027
be compelled to testify on the same subject. 4,028
The testimonial privilege established under this division 4,030
does not apply, and a physician or dentist may testify or may be 4,031
compelled to testify, in any of the following circumstances: 4,032
(a) In any civil action, in accordance with the discovery 4,034
provisions of the Rules of Civil Procedure in connection with a 4,035
civil action, or in connection with a claim under Chapter 4123. 4,036
of the Revised Code, under any of the following circumstances: 4,037
(i) If the patient or the guardian or other legal 4,039
representative of the patient gives express consent; 4,040
(ii) If the patient is deceased, the spouse of the patient 4,042
or the executor or administrator of the patient's estate gives 4,044
express consent;
(iii) If a medical claim, dental claim, chiropractic 4,046
claim, or optometric claim, as defined in section 2305.11 of the 4,047
Revised Code, an action for wrongful death, any other type of 4,048
civil action, or a claim under Chapter 4123. of the Revised Code 4,049
is filed by the patient, the personal representative of the 4,050
96
estate of the patient if deceased, or the patient's guardian or 4,052
other legal representative.
(b) In any criminal action concerning any test or the 4,054
results of any test that determines the presence or concentration 4,055
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 4,056
the patient's blood, breath, urine, or other bodily substance at 4,057
any time relevant to the criminal offense in question. 4,058
(c) In any criminal action against a physician or dentist. 4,061
In such an action, the testimonial privilege established under 4,062
this division does not prohibit the admission into evidence, in 4,063
accordance with the Rules of Evidence, of a patient's medical or 4,066
dental records or other communications between a patient and the 4,067
physician or dentist that are related to the action and obtained 4,068
by subpoena, search warrant, or other lawful means. A court that 4,069
permits or compels a physician or dentist to testify in such an 4,070
action or permits the introduction into evidence of patient 4,071
records or other communications in such an action shall require 4,072
that appropriate measures be taken to ensure that the 4,073
confidentiality of any patient named or otherwise identified in 4,074
the records is maintained. Measures to ensure confidentiality 4,075
that may be taken by the court include sealing its records or 4,076
deleting specific information from its records. 4,077
(2)(a) If any law enforcement officer submits a written 4,079
statement to a health care provider that states that an official 4,080
criminal investigation has begun regarding a specified person or 4,081
that a criminal action or proceeding has been commenced against a 4,082
specified person, that requests the provider to supply to the 4,083
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 4,084
specified person to determine the presence or concentration of 4,085
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 4,086
person's blood, breath, or urine at any time relevant to the 4,087
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 4,088
97
specifically prohibited by any law of this state or of the United 4,089
States, shall supply to the officer a copy of any of the 4,090
requested records the provider possesses. If the health care 4,091
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 4,092
indicates that the provider does not possess any of the requested 4,093
records.
(b) If a health care provider possesses any records of the 4,095
type described in division (B)(2)(a) of this section regarding 4,096
the person in question at any time relevant to the criminal 4,097
offense in question, in lieu of personally testifying as to the 4,098
results of the test in question, the custodian of the records may 4,099
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 4,100
admitted as evidence in accordance with the Rules of Evidence. 4,101
Division (A) of section 2317.422 of the Revised Code does not 4,102
apply to any certified copy of records submitted in accordance 4,103
with this division. Nothing in this division shall be construed 4,104
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 4,105
person under whose supervision the test was administered, the 4,106
custodian of the records, the person who made the records, or the 4,107
person under whose supervision the records were made. 4,108
(3)(a) If the testimonial privilege described in division 4,110
(B)(1) of this section does not apply as provided in division 4,111
(B)(1)(a)(iii) of this section, a physician or dentist may be 4,112
compelled to testify or to submit to discovery under the Rules of 4,113
Civil Procedure only as to a communication made to the physician 4,114
or dentist by the patient in question in that relation, or the 4,115
physician's or dentist's advice to the patient in question, that 4,117
related causally or historically to physical or mental injuries 4,118
that are relevant to issues in the medical claim, dental claim, 4,119
chiropractic claim, or optometric claim, action for wrongful 4,120
death, other civil action, or claim under Chapter 4123. of the 4,121
98
Revised Code.
(b) If the testimonial privilege described in division 4,123
(B)(1) of this section does not apply to a physician or dentist 4,124
as provided in division (B)(1)(b) of this section, the physician 4,125
or dentist, in lieu of personally testifying as to the results of 4,126
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 4,127
qualified as authentic evidence and may be admitted as evidence 4,128
in accordance with the Rules of Evidence. Division (A) of 4,129
section 2317.422 of the Revised Code does not apply to any 4,130
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 4,131
the right of any party to call as a witness the person who 4,132
administered the test in question, the person under whose 4,133
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 4,134
person under whose supervision the results were compiled. 4,135
(4) The testimonial privilege described in division (B)(1) 4,138
of this section is not waived when a communication is made by a 4,139
physician to a pharmacist or when there is communication between 4,140
a patient and a pharmacist in furtherance of the 4,141
physician-patient relation.
(5)(a) As used in divisions (B)(1) to (4) of this section, 4,144
"communication" means acquiring, recording, or transmitting any 4,145
information, in any manner, concerning any facts, opinions, or 4,146
statements necessary to enable a physician or dentist to 4,147
diagnose, treat, prescribe, or act for a patient. A 4,148
"communication" may include, but is not limited to, any medical 4,149
or dental, office, or hospital communication such as a record, 4,150
chart, letter, memorandum, laboratory test and results, x-ray, 4,151
photograph, financial statement, diagnosis, or prognosis. 4,152
(b) As used in division (B)(2) of this section, "health 4,154
care provider" has the same meaning as in section 3729.01 of the 4,155
Revised Code.
99
(6) Divisions (B)(1), (2), (3), (4), and (5) of this 4,158
section apply to doctors of medicine, doctors of osteopathic 4,159
medicine, doctors of podiatry, and dentists. 4,160
(7) Nothing in divisions (B)(1) to (6) of this section 4,163
affects, or shall be construed as affecting, the immunity from 4,164
civil liability conferred by section 307.628 or 2305.33 of the 4,165
Revised Code upon physicians who report an employee's use of a 4,167
drug of abuse, or a condition of an employee other than one 4,168
involving the use of a drug of abuse, to the employer of the 4,169
employee in accordance with division (B) of that section. As 4,170
used in division (B)(7) of this section, "employee," "employer," 4,172
and "physician" have the same meanings as in section 2305.33 of 4,173
the Revised Code.
(C) A member of the clergy, rabbi, priest, or regularly 4,175
ordained, accredited, or licensed minister of an established and 4,177
legally cognizable church, denomination, or sect, when the member 4,178
of the clergy, rabbi, priest, or minister remains accountable to 4,180
the authority of that church, denomination, or sect, concerning a 4,181
confession made, or any information confidentially communicated, 4,182
to the member of the clergy, rabbi, priest, or minister for a 4,184
religious counseling purpose in the member of the clergy's, 4,185
rabbi's, priest's, or minister's professional character; however, 4,187
the member of the clergy, rabbi, priest, or minister may testify 4,189
by express consent of the person making the communication, except 4,190
when the disclosure of the information is in violation of a 4,191
sacred trust; 4,192
(D) Husband or wife, concerning any communication made by 4,194
one to the other, or an act done by either in the presence of the 4,195
other, during coverture, unless the communication was made, or 4,196
act done, in the known presence or hearing of a third person 4,197
competent to be a witness; and such rule is the same if the 4,198
marital relation has ceased to exist; 4,199
(E) A person who assigns a claim or interest, concerning 4,201
any matter in respect to which the person would not, if a party, 4,203
100
be permitted to testify;
(F) A person who, if a party, would be restricted under 4,206
section 2317.03 of the Revised Code, when the property or thing 4,207
is sold or transferred by an executor, administrator, guardian, 4,208
trustee, heir, devisee, or legatee, shall be restricted in the 4,209
same manner in any action or proceeding concerning the property 4,210
or thing.
(G)(1) A school guidance counselor who holds a valid 4,212
educator license from the state board of education as provided 4,214
for in section 3319.22 of the Revised Code, a person licensed 4,215
under Chapter 4757. of the Revised Code as a professional 4,216
clinical counselor, professional counselor, social worker, or 4,217
independent social worker, or registered under Chapter 4757. of 4,218
the Revised Code as a social work assistant concerning a 4,219
confidential communication received from a client in that 4,220
relation or the person's advice to a client unless any of the 4,222
following applies:
(a) The communication or advice indicates clear and 4,224
present danger to the client or other persons. For the purposes 4,225
of this division, cases in which there are indications of present 4,226
or past child abuse or neglect of the client constitute a clear 4,227
and present danger. 4,228
(b) The client gives express consent to the testimony. 4,230
(c) If the client is deceased, the surviving spouse or the 4,232
executor or administrator of the estate of the deceased client 4,233
gives express consent. 4,234
(d) The client voluntarily testifies, in which case the 4,236
school guidance counselor or person licensed or registered under 4,237
Chapter 4757. of the Revised Code may be compelled to testify on 4,239
the same subject.
(e) The court in camera determines that the information 4,241
communicated by the client is not germane to the counselor-client 4,242
or social worker-client relationship. 4,243
(f) A court, in an action brought against a school, its 4,245
101
administration, or any of its personnel by the client, rules 4,246
after an in-camera inspection that the testimony of the school 4,247
guidance counselor is relevant to that action. 4,248
(2) Nothing in division (G)(1) of this section shall 4,250
relieve a school guidance counselor or a person licensed or 4,252
registered under Chapter 4757. of the Revised Code from the 4,254
requirement to report information concerning child abuse or 4,255
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 4,257
division (A) of section 3109.052 of the Revised Code or otherwise 4,258
issued in any proceeding for divorce, dissolution, legal 4,259
separation, annulment, or the allocation of parental rights and 4,260
responsibilities for the care of children, in any action or 4,261
proceeding, other than a criminal, delinquency, child abuse, 4,262
child neglect, or dependent child action or proceeding, that is 4,263
brought by or against either parent who takes part in mediation 4,264
in accordance with the order and that pertains to the mediation 4,265
process, to any information discussed or presented in the 4,266
mediation process, to the allocation of parental rights and 4,267
responsibilities for the care of the parents' children, or to the 4,268
awarding of visitation PARENTING TIME rights in relation to their 4,270
children;
(I) A communications assistant, acting within the scope of 4,272
the communication assistant's authority, when providing 4,273
telecommunications relay service pursuant to section 4931.35 of 4,275
the Revised Code or Title II of the "Communications Act of 1934," 4,276
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 4,277
made through a telecommunications relay service. Nothing in this 4,279
section shall limit the obligation of a communications assistant 4,280
to divulge information or testify when mandated by federal law or 4,281
regulation or pursuant to subpoena in a criminal proceeding.
Nothing in this section shall limit any immunity or 4,283
privilege granted under federal law or regulation. 4,284
Sec. 2329.66. (A) Every person who is domiciled in this 4,293
102
state may hold property exempt from execution, garnishment, 4,294
attachment, or sale to satisfy a judgment or order, as follows: 4,295
(1)(a) In the case of a judgment or order regarding money 4,297
owed for health care services rendered or health care supplies 4,298
provided to the person or a dependent of the person, one parcel 4,299
or item of real or personal property that the person or a 4,300
dependent of the person uses as a residence. Division (A)(1)(a) 4,301
of this section does not preclude, affect, or invalidate the 4,302
creation under this chapter of a judgment lien upon the exempted 4,303
property but only delays the enforcement of the lien until the 4,304
property is sold or otherwise transferred by the owner or in 4,305
accordance with other applicable laws to a person or entity other 4,306
than the surviving spouse or surviving minor children of the 4,307
judgment debtor. Every person who is domiciled in this state may 4,308
hold exempt from a judgment lien created pursuant to division 4,309
(A)(1)(a) of this section the person's interest, not to exceed 4,310
five thousand dollars, in the exempted property. 4,311
(b) In the case of all other judgments and orders, the 4,313
person's interest, not to exceed five thousand dollars, in one 4,314
parcel or item of real or personal property that the person or a 4,315
dependent of the person uses as a residence. 4,316
(2) The person's interest, not to exceed one thousand 4,318
dollars, in one motor vehicle; 4,319
(3) The person's interest, not to exceed two hundred 4,321
dollars in any particular item, in wearing apparel, beds, and 4,322
bedding, and the person's interest, not to exceed three hundred 4,323
dollars in each item, in one cooking unit and one refrigerator or 4,324
other food preservation unit; 4,325
(4)(a) The person's interest, not to exceed four hundred 4,327
dollars, in cash on hand, money due and payable, money to become 4,328
due within ninety days, tax refunds, and money on deposit with a 4,329
bank, savings and loan association, credit union, public utility, 4,330
landlord, or other person. Division (A)(4)(a) of this section 4,331
applies only in bankruptcy proceedings. This exemption may 4,332
103
include the portion of personal earnings that is not exempt under 4,333
division (A)(13) of this section. 4,334
(b) Subject to division (A)(4)(d) of this section, the 4,336
person's interest, not to exceed two hundred dollars in any 4,337
particular item, in household furnishings, household goods, 4,338
appliances, books, animals, crops, musical instruments, firearms, 4,339
and hunting and fishing equipment, that are held primarily for 4,340
the personal, family, or household use of the person; 4,341
(c) Subject to division (A)(4)(d) of this section, the 4,343
person's interest in one or more items of jewelry, not to exceed 4,344
four hundred dollars in one item of jewelry and not to exceed two 4,345
hundred dollars in every other item of jewelry; 4,346
(d) Divisions (A)(4)(b) and (c) of this section do not 4,348
include items of personal property listed in division (A)(3) of 4,349
this section. 4,350
If the person does not claim an exemption under division 4,352
(A)(1) of this section, the total exemption claimed under 4,353
division (A)(4)(b) of this section shall be added to the total 4,354
exemption claimed under division (A)(4)(c) of this section, and 4,355
the total shall not exceed two thousand dollars. If the person 4,356
claims an exemption under division (A)(1) of this section, the 4,357
total exemption claimed under division (A)(4)(b) of this section 4,358
shall be added to the total exemption claimed under division 4,359
(A)(4)(c) of this section, and the total shall not exceed one 4,360
thousand five hundred dollars. 4,361
(5) The person's interest, not to exceed an aggregate of 4,363
seven hundred fifty dollars, in all implements, professional 4,364
books, or tools of the person's profession, trade, or business, 4,365
including agriculture; 4,367
(6)(a) The person's interest in a beneficiary fund set 4,369
apart, appropriated, or paid by a benevolent association or 4,370
society, as exempted by section 2329.63 of the Revised Code; 4,371
(b) The person's interest in contracts of life or 4,373
endowment insurance or annuities, as exempted by section 3911.10 4,374
104
of the Revised Code; 4,375
(c) The person's interest in a policy of group insurance 4,377
or the proceeds of a policy of group insurance, as exempted by 4,378
section 3917.05 of the Revised Code; 4,379
(d) The person's interest in money, benefits, charity, 4,381
relief, or aid to be paid, provided, or rendered by a fraternal 4,382
benefit society, as exempted by section 3921.18 of the Revised 4,383
Code; 4,384
(e) The person's interest in the portion of benefits under 4,386
policies of sickness and accident insurance and in lump-sum 4,387
payments for dismemberment and other losses insured under those 4,388
policies, as exempted by section 3923.19 of the Revised Code. 4,389
(7) The person's professionally prescribed or medically 4,391
necessary health aids; 4,392
(8) The person's interest in a burial lot, including, but 4,394
not limited to, exemptions under section 517.09 or 1721.07 of the 4,395
Revised Code; 4,396
(9) The person's interest in the following: 4,398
(a) Moneys paid or payable for living maintenance or 4,400
rights, as exempted by section 3304.19 of the Revised Code; 4,401
(b) Workers' compensation, as exempted by section 4123.67 4,404
of the Revised Code; 4,405
(c) Unemployment compensation benefits, as exempted by 4,407
section 4141.32 of the Revised Code; 4,408
(d) Cash assistance payments under the Ohio works first 4,410
program, as exempted by section 5107.75 of the Revised Code; 4,412
(e) Disability assistance payments, as exempted by section 4,414
5115.07 of the Revised Code. 4,415
(10)(a) Except in cases in which the person was convicted 4,417
of or pleaded guilty to a violation of section 2921.41 of the 4,418
Revised Code and in which an order for the withholding of 4,419
restitution from payments was issued under division (C)(2)(b) of 4,420
that section or in cases in which an order for withholding was 4,421
issued under section 2907.15 of the Revised Code, and only to the 4,422
105
extent provided in the order, and except as provided in sections 4,426
3105.171, 3105.63, 3111.23, and 3113.21 3119.80, 3119.81, 4,428
3121.02, 3121.03, AND 3123.06 of the Revised Code, the person's 4,429
right to a pension, benefit, annuity, retirement allowance, or 4,430
accumulated contributions, the person's right to a participant 4,431
account in any deferred compensation program offered by the Ohio 4,432
public employees deferred compensation board, a government unit, 4,433
or a municipal corporation, or the person's other accrued or 4,434
accruing rights, as exempted by section 145.56, 146.13, 148.09, 4,435
742.47, 3307.41, 3309.66, or 5505.22 of the Revised Code, and the 4,438
person's right to benefits from the Ohio public safety officers 4,439
death benefit fund; 4,441
(b) Except as provided in sections 3111.23 3119.80, 4,443
3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised 4,445
Code, the person's right to receive a payment under any pension, 4,446
annuity, or similar plan or contract, not including a payment 4,447
from a stock bonus or profit-sharing plan or a payment included 4,448
in division (A)(6)(b) or (10)(a) of this section, on account of 4,449
illness, disability, death, age, or length of service, to the 4,450
extent reasonably necessary for the support of the person and any 4,451
of the person's dependents, except if all the following apply: 4,452
(i) The plan or contract was established by or under the 4,454
auspices of an insider that employed the person at the time the 4,455
person's rights under the plan or contract arose. 4,456
(ii) The payment is on account of age or length of 4,458
service. 4,459
(iii) The plan or contract is not qualified under the 4,461
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as 4,462
amended. 4,463
(c) Except for any portion of the assets that were 4,465
deposited for the purpose of evading the payment of any debt and 4,466
except as provided in sections 3111.23 3119.80, 3119.81, 3121.02, 4,468
3121.03, and 3113.21 3123.06 of the Revised Code, the person's 4,469
right in the assets held in, or to receive any payment under, any 4,470
106
individual retirement account, individual retirement annuity, 4,471
"Roth IRA," or education individual retirement account that 4,473
provides benefits by reason of illness, disability, death, or 4,474
age, to the extent that the assets, payments, or benefits 4,475
described in division (A)(10)(c) of this section are attributable 4,476
to any of the following: 4,477
(i) Contributions of the person that were less than or 4,480
equal to the applicable limits on deductible contributions to an 4,481
individual retirement account or individual retirement annuity in 4,482
the year that the contributions were made, whether or not the 4,483
person was eligible to deduct the contributions on the person's 4,484
federal tax return for the year in which the contributions were 4,485
made;
(ii) Contributions of the person that were less than or 4,488
equal to the applicable limits on contributions to a Roth IRA or 4,489
education individual retirement account in the year that the 4,490
contributions were made;
(iii) Contributions of the person that are within the 4,493
applicable limits on rollover contributions under subsections 4,494
219, 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 4,495
408A(c)(3)(B), 408A(d)(3), and 530(d)(5) of the "Internal Revenue 4,498
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. 4,500
(d) Except for any portion of the assets that were 4,503
deposited for the purpose of evading the payment of any debt and 4,504
except as provided in sections 3111.23 3119.80, 3119.81, 3121.02, 4,505
3121.03, and 3113.21 3123.06 of the Revised Code, the person's 4,506
right in the assets held in, or to receive any payment under, any 4,508
Keogh or "H.R. 10" plan that provides benefits by reason of 4,509
illness, disability, death, or age, to the extent reasonably
necessary for the support of the person and any of the person's 4,510
dependents. 4,511
(11) The person's right to receive spousal support, child 4,513
support, an allowance, or other maintenance to the extent 4,514
reasonably necessary for the support of the person and any of the 4,515
107
person's dependents; 4,517
(12) The person's right to receive, or moneys received 4,519
during the preceding twelve calendar months from, any of the 4,520
following: 4,521
(a) An award of reparations under sections 2743.51 to 4,523
2743.72 of the Revised Code, to the extent exempted by division 4,524
(D) of section 2743.66 of the Revised Code; 4,525
(b) A payment on account of the wrongful death of an 4,527
individual of whom the person was a dependent on the date of the 4,528
individual's death, to the extent reasonably necessary for the 4,529
support of the person and any of the person's dependents; 4,530
(c) Except in cases in which the person who receives the 4,532
payment is an inmate, as defined in section 2969.21 of the 4,533
Revised Code, and in which the payment resulted from a civil 4,534
action or appeal against a government entity or employee, as 4,535
defined in section 2969.21 of the Revised Code, a payment, not to
exceed five thousand dollars, on account of personal bodily 4,537
injury, not including pain and suffering or compensation for 4,538
actual pecuniary loss, of the person or an individual for whom 4,539
the person is a dependent;
(d) A payment in compensation for loss of future earnings 4,541
of the person or an individual of whom the person is or was a 4,542
dependent, to the extent reasonably necessary for the support of 4,543
the debtor and any of the debtor's dependents. 4,544
(13) Except as provided in sections 3111.23 3119.80, 4,546
3119.81, 3121.02, 3121.03, and 3113.21 3123.06 of the Revised 4,547
Code, personal earnings of the person owed to the person for 4,550
services in an amount equal to the greater of the following
amounts: 4,551
(a) If paid weekly, thirty times the current federal 4,553
minimum hourly wage; if paid biweekly, sixty times the current 4,554
federal minimum hourly wage; if paid semimonthly, sixty-five 4,555
times the current federal minimum hourly wage; or if paid 4,556
monthly, one hundred thirty times the current federal minimum 4,557
108
hourly wage that is in effect at the time the earnings are 4,558
payable, as prescribed by the "Fair Labor Standards Act of 1938," 4,559
52 Stat. 1060, 29 U.S.C. 206(a)(1), as amended; 4,560
(b) Seventy-five per cent of the disposable earnings owed 4,562
to the person. 4,563
(14) The person's right in specific partnership property, 4,565
as exempted by division (B)(3) of section 1775.24 of the Revised 4,566
Code; 4,567
(15) A seal and official register of a notary public, as 4,569
exempted by section 147.04 of the Revised Code; 4,570
(16) The person's interest in a tuition credit or a 4,572
payment under section 3334.09 of the Revised Code pursuant to a 4,573
tuition credit contract, as exempted by section 3334.15 of the 4,574
Revised Code;
(17) Any other property that is specifically exempted from 4,576
execution, attachment, garnishment, or sale by federal statutes 4,577
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 4,578
U.S.C.A. 101, as amended; 4,579
(18) The person's interest, not to exceed four hundred 4,581
dollars, in any property, except that division (A)(18) of this 4,582
section applies only in bankruptcy proceedings. 4,583
(B) As used in this section: 4,585
(1) "Disposable earnings" means net earnings after the 4,587
garnishee has made deductions required by law, excluding the 4,588
deductions ordered pursuant to section 3111.23 3119.80, 3119.81, 4,589
3121.02, 3121.03, or 3113.21 3123.06 of the Revised Code. 4,591
(2) "Insider" means: 4,593
(a) If the person who claims an exemption is an 4,595
individual, a relative of the individual, a relative of a general 4,596
partner of the individual, a partnership in which the individual 4,597
is a general partner, a general partner of the individual, or a 4,598
corporation of which the individual is a director, officer, or in 4,599
control; 4,600
(b) If the person who claims an exemption is a 4,602
109
corporation, a director or officer of the corporation; a person 4,603
in control of the corporation; a partnership in which the 4,604
corporation is a general partner; a general partner of the 4,605
corporation; or a relative of a general partner, director, 4,606
officer, or person in control of the corporation; 4,607
(c) If the person who claims an exemption is a 4,609
partnership, a general partner in the partnership; a general 4,610
partner of the partnership; a person in control of the 4,611
partnership; a partnership in which the partnership is a general 4,612
partner; or a relative in, a general partner of, or a person in 4,613
control of the partnership; 4,614
(d) An entity or person to which or whom any of the 4,616
following applies: 4,617
(i) The entity directly or indirectly owns, controls, or 4,619
holds with power to vote, twenty per cent or more of the 4,620
outstanding voting securities of the person who claims an 4,621
exemption, unless the entity holds the securities in a fiduciary 4,622
or agency capacity without sole discretionary power to vote the 4,623
securities or holds the securities solely to secure to debt and 4,624
the entity has not in fact exercised the power to vote. 4,625
(ii) The entity is a corporation, twenty per cent or more 4,627
of whose outstanding voting securities are directly or indirectly 4,628
owned, controlled, or held with power to vote, by the person who 4,629
claims an exemption or by an entity to which division 4,630
(B)(2)(d)(i) of this section applies. 4,631
(iii) A person whose business is operated under a lease or 4,633
operating agreement by the person who claims an exemption, or a 4,634
person substantially all of whose business is operated under an 4,635
operating agreement with the person who claims an exemption. 4,636
(iv) The entity operates the business or all or 4,638
substantially all of the property of the person who claims an 4,639
exemption under a lease or operating agreement. 4,640
(e) An insider, as otherwise defined in this section, of a 4,642
person or entity to which division (B)(2)(d)(i), (ii), (iii), or 4,643
110
(iv) of this section applies, as if the person or entity were a 4,644
person who claims an exemption; 4,645
(f) A managing agent of the person who claims an 4,647
exemption. 4,648
(3) "Participant account" has the same meaning as in 4,650
section 148.01 of the Revised Code. 4,651
(4) "Government unit" has the same meaning as in section 4,653
148.06 of the Revised Code. 4,654
(C) For purposes of this section, "interest" shall be 4,656
determined as follows: 4,657
(1) In bankruptcy proceedings, as of the date a petition 4,659
is filed with the bankruptcy court commencing a case under Title 4,660
11 of the United States Code; 4,661
(2) In all cases other than bankruptcy proceedings, as of 4,663
the date of an appraisal, if necessary under section 2329.68 of 4,664
the Revised Code, or the issuance of a writ of execution. 4,665
An interest, as determined under division (C)(1) or (2) of 4,667
this section, shall not include the amount of any lien otherwise 4,668
valid pursuant to section 2329.661 of the Revised Code. 4,669
Sec. 2705.02. A person guilty of any of the following acts 4,678
may be punished as for a contempt: 4,679
(A) Disobedience of, or resistance to, a lawful writ, 4,681
process, order, rule, judgment, or command of a court or officer; 4,682
(B) Misbehavior of an officer of the court in the 4,684
performance of official duties, or in official transactions; 4,686
(C) A failure to obey a subpoena duly served, or a refusal 4,688
to be sworn or to answer as a witness, when lawfully required; 4,689
(D) The rescue, or attempted rescue, of a person or of 4,691
property in the custody of an officer by virtue of an order or 4,692
process of court held by the officer; 4,693
(E) A failure upon the part of a person recognized to 4,695
appear as a witness in a court to appear in compliance with the 4,696
terms of the person's recognizance; 4,697
(F) A failure to comply with an order issued pursuant to 4,699
111
section 3111.20, 3111.211, or 3111.22 3109.19 OR 3111.81 of the 4,701
Revised Code or a withholding or deduction notice issued under 4,703
section 3111.23 of the Revised Code;
(G) A failure to obey a subpoena issued by the department 4,705
of job and family services or a child support enforcement agency 4,707
pursuant to section 5101.37 of the Revised Code; 4,708
(H) A willful failure to submit to genetic testing, or a 4,711
willful failure to submit a child to genetic testing, as required 4,712
by an order for genetic testing issued under section 3111.22 4,713
3111.41 of the Revised Code. 4,714
Sec. 2705.031. (A) As used in this section, "Title IV-D 4,723
case" has the same meaning as in section 3113.21 3125.01 of the 4,725
Revised Code. 4,726
(B)(1) Any party who has a legal claim to any support 4,728
ordered for a child, spouse, or former spouse may initiate a 4,729
contempt action for failure to pay the support. In Title IV-D 4,730
cases, the contempt action for failure to pay support also may be 4,731
initiated by an attorney retained by the party who has the legal 4,732
claim, the prosecuting attorney, or an attorney of the department 4,733
of job and family services or the child support enforcement 4,735
agency.
(2) Any PARENT WHO IS GRANTED PARENTING TIME RIGHTS UNDER 4,737
A PARENTING TIME ORDER OR DECREE ISSUED PURSUANT TO SECTION 4,738
3109.051 OR 3109.12 OF THE REVISED CODE, ANY person who is 4,739
granted visitation rights under a visitation order or decree 4,740
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 4,741
Revised Code or pursuant to any other provision of the Revised 4,742
Code, or any other person who is subject to any PARENTING TIME OR 4,743
visitation order or decree, may initiate a contempt action for a 4,745
failure to comply with, or an interference with, the order or 4,746
decree.
(C) In any contempt action initiated pursuant to division 4,748
(B) of this section, the accused shall appear upon the summons 4,749
and order to appear that is issued by the court. The summons 4,750
112
shall include all of the following: 4,751
(1) Notice that failure to appear may result in the 4,753
issuance of an order of arrest, and in cases involving alleged 4,754
failure to pay support, the issuance of an order for the payment 4,755
of support by withholding an amount from the personal earnings of 4,756
the accused or by withholding or deducting an amount from some 4,757
other asset of the accused; 4,758
(2) Notice that the accused has a right to counsel, and 4,760
that if indigent, the accused must apply for a public defender or 4,762
court appointed counsel within three business days after receipt 4,763
of the summons;
(3) Notice that the court may refuse to grant a 4,765
continuance at the time of the hearing for the purpose of the 4,766
accused obtaining counsel, if the accused fails to make a good 4,767
faith effort to retain counsel or to obtain a public defender; 4,768
(4) Notice of the potential penalties that could be 4,770
imposed upon the accused, if the accused is found guilty of 4,771
contempt for failure to pay support or for a failure to comply 4,772
with, or an interference with, a PARENTING TIME OR visitation 4,773
order or decree. 4,774
(D) If the accused is served as required by the Rules of 4,776
Civil Procedure or by any special statutory proceedings that are 4,777
relevant to the case, the court may order the attachment of the 4,778
person of the accused upon failure to appear as ordered by the 4,779
court. 4,780
(E) The imposition of any penalty for contempt under 4,782
section 2705.05 of the Revised Code shall not eliminate any 4,783
obligation of the accused to pay any past, present, or future 4,784
support obligation or any obligation of the accused to comply 4,785
with or refrain from interfering with the PARENTING TIME OR 4,786
visitation order or decree. The court shall have jurisdiction to 4,788
make a finding of contempt for the failure to pay support and to 4,789
impose the penalties set forth in section 2705.05 of the Revised 4,790
Code in all cases in which past due support is at issue even if 4,791
113
the duty to pay support has terminated, and shall have 4,792
jurisdiction to make a finding of contempt for a failure to 4,793
comply with, or an interference with, a PARENTING TIME OR 4,794
visitation order or decree and to impose the penalties set forth 4,796
in section 2705.05 of the Revised Code in all cases in which the 4,797
failure or interference is at issue even if the PARENTING TIME OR 4,798
visitation order or decree no longer is in effect. 4,799
Sec. 2716.01. (A) A person who obtains a judgment against 4,808
another person may garnish the personal earnings of the person 4,809
against whom judgment was obtained only through a proceeding in 4,810
garnishment of personal earnings and only in accordance with this 4,812
chapter.
(B) A person who obtains a judgment against another person 4,814
may garnish the property, other than personal earnings, of the 4,815
person against whom judgment was obtained, if the property is in 4,816
the possession of a person other than the person against whom 4,817
judgment was obtained, only through a proceeding in garnishment 4,818
and only in accordance with this chapter. 4,819
(C) As used in this chapter: 4,821
(1) "Employer" means a person who is required to withhold 4,823
taxes out of payments of personal earnings made to a judgment 4,824
debtor. 4,825
(2) "Personal earnings" means money, or any other 4,827
consideration or thing of value, that is paid or due to a person 4,828
in exchange for work, labor, or personal services provided by the 4,829
person to an employer. 4,830
(3) "Judgment creditor" means a person who has obtained a 4,832
judgment in a civil action against another person. 4,833
(4) "Judgment debtor" means a person against whom a 4,835
judgment has been obtained in a civil action. 4,836
(5) "Support order" has the same meaning as in section 4,838
3113.21 3119.01 of the Revised Code. 4,839
Sec. 2919.22. (A) No person, who is the parent, guardian, 4,848
custodian, person having custody or control, or person in loco 4,849
114
parentis of a child under eighteen years of age or a mentally or 4,850
physically handicapped child under twenty-one years of age, shall 4,851
create a substantial risk to the health or safety of the child, 4,852
by violating a duty of care, protection, or support. It is not a 4,853
violation of a duty of care, protection, or support under this 4,854
division when the parent, guardian, custodian, or person having 4,855
custody or control of a child treats the physical or mental 4,856
illness or defect of the child by spiritual means through prayer 4,857
alone, in accordance with the tenets of a recognized religious 4,858
body. 4,859
(B) No person shall do any of the following to a child 4,861
under eighteen years of age or a mentally or physically 4,862
handicapped child under twenty-one years of age: 4,863
(1) Abuse the child; 4,865
(2) Torture or cruelly abuse the child; 4,867
(3) Administer corporal punishment or other physical 4,869
disciplinary measure, or physically restrain the child in a cruel 4,870
manner or for a prolonged period, which punishment, discipline, 4,871
or restraint is excessive under the circumstances and creates a 4,872
substantial risk of serious physical harm to the child; 4,873
(4) Repeatedly administer unwarranted disciplinary 4,875
measures to the child, when there is a substantial risk that such 4,876
conduct, if continued, will seriously impair or retard the 4,877
child's mental health or development; 4,878
(5) Entice, coerce, permit, encourage, compel, hire, 4,880
employ, use, or allow the child to act, model, or in any other 4,881
way participate in, or be photographed for, the production, 4,882
presentation, dissemination, or advertisement of any material or 4,883
performance that the offender knows or reasonably should know is 4,885
obscene, is sexually oriented matter, or is nudity-oriented 4,886
matter.
(C)(1) No person shall operate a vehicle, streetcar, or 4,888
trackless trolley within this state in violation of division (A) 4,890
of section 4511.19 of the Revised Code when one or more children 4,891
115
under eighteen years of age are in the vehicle, streetcar, or 4,892
trackless trolley. Notwithstanding any other provision of law, a 4,893
person may be convicted at the same trial or proceeding of a 4,894
violation of this division and a violation of division (A) of 4,895
section 4511.19 of the Revised Code that constitutes the basis of 4,896
the charge of the violation of this division. For purposes of 4,897
section 4511.191 of the Revised Code and all related provisions 4,898
of law, a person arrested for a violation of this division shall 4,899
be considered to be under arrest for operating a vehicle while 4,900
under the influence of alcohol, a drug of abuse, or alcohol and a 4,901
drug of abuse or for operating a vehicle with a prohibited 4,902
concentration of alcohol in the blood, breath, or urine. 4,903
(2) As used in division (C)(1) of this section, "vehicle," 4,905
"streetcar," and "trackless trolley" have the same meanings as in 4,906
section 4511.01 of the Revised Code. 4,907
(D)(1) Division (B)(5) of this section does not apply to 4,909
any material or performance that is produced, presented, or 4,910
disseminated for a bona fide medical, scientific, educational, 4,911
religious, governmental, judicial, or other proper purpose, by or 4,912
to a physician, psychologist, sociologist, scientist, teacher, 4,913
person pursuing bona fide studies or research, librarian, member 4,915
of the clergy, prosecutor, judge, or other person having a proper 4,916
interest in the material or performance. 4,917
(2) Mistake of age is not a defense to a charge under 4,919
division (B)(5) of this section. 4,920
(3) In a prosecution under division (B)(5) of this 4,922
section, the trier of fact may infer that an actor, model, or 4,923
participant in the material or performance involved is a juvenile 4,924
if the material or performance, through its title, text, visual 4,925
representation, or otherwise, represents or depicts the actor, 4,926
model, or participant as a juvenile. 4,927
(4) As used in this division and division (B)(5) of this 4,929
section: 4,930
(a) "Material," "performance," "obscene," and "sexual 4,932
116
activity" have the same meanings as in section 2907.01 of the 4,933
Revised Code. 4,934
(b) "Nudity-oriented matter" means any material or 4,936
performance that shows a minor in a state of nudity and that, 4,937
taken as a whole by the average person applying contemporary 4,938
community standards, appeals to prurient interest. 4,939
(c) "Sexually oriented matter" means any material or 4,941
performance that shows a minor participating or engaging in 4,942
sexual activity, masturbation, or bestiality. 4,943
(E)(1) Whoever violates this section is guilty of 4,945
endangering children. 4,946
(2) If the offender violates division (A) or (B)(1) of 4,948
this section, endangering children is one of the following: 4,949
(a) Except as otherwise provided in division (E)(2)(b), 4,952
(c), or (d) of this section, a misdemeanor of the first degree; 4,953
(b) If the offender previously has been convicted of an 4,956
offense under this section or of any offense involving neglect, 4,957
abandonment, contributing to the delinquency of, or physical 4,958
abuse of a child, except as otherwise provided in division 4,959
(E)(2)(c) or (d) of this section, a felony of the fourth degree; 4,960
(c) If the violation is a violation of division (A) of 4,962
this section and results in serious physical harm to the child 4,964
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1) of 4,967
this section and results in serious physical harm to the child 4,968
involved, a felony of the second degree. 4,969
(3) If the offender violates division (B)(2), (3), or (4) 4,971
of this section, except as otherwise provided in this division, 4,972
endangering children is a felony of the third degree. If the 4,974
violation results in serious physical harm to the child involved, 4,976
or if the offender previously has been convicted of an offense 4,977
under this section or of any offense involving neglect, 4,978
abandonment, contributing to the delinquency of, or physical 4,979
abuse of a child, endangering children is a felony of the second 4,980
117
degree.
(4) If the offender violates division (B)(5) of this 4,983
section, endangering children is a felony of the second degree. 4,984
(5) If the offender violates division (C) of this section, 4,986
the offender shall be punished as follows: 4,987
(a) Except as otherwise provided in division (E)(5)(b) or 4,990
(c) of this section, endangering children in violation of
division (C) of this section is a misdemeanor of the first 4,992
degree.
(b) If the violation results in serious physical harm to 4,994
the child involved or the offender previously has been convicted 4,995
of an offense under this section or any offense involving 4,996
neglect, abandonment, contributing to the delinquency of, or 4,997
physical abuse of a child, except as otherwise provided in 4,998
division (E)(5)(c) of this section, endangering children in 5,000
violation of division (C) of this section is a felony of the 5,002
fifth degree.
(c) If the violation results in serious physical harm to 5,004
the child involved and if the offender previously has been 5,005
convicted of a violation of division (C) of this section, section 5,006
2903.06 or 2903.08 of the Revised Code, section 2903.07 of the 5,008
Revised Code as it existed prior to the effective date of this 5,009
amendment MARCH 23, 2000, or section 2903.04 of the Revised Code 5,011
in a case in which the offender was subject to the sanctions 5,012
described in division (D) of that section, endangering children 5,013
in violation of division (C) of this section is a felony of the 5,014
fourth degree.
(d) In addition to any term of imprisonment, fine, or 5,016
other sentence, penalty, or sanction it imposes upon the offender 5,017
pursuant to division (E)(5)(a), (b), or (c) of this section or 5,018
pursuant to any other provision of law, the court also may impose 5,019
upon the offender one or both of the following sanctions: 5,020
(i) It may require the offender, as part of the offender's 5,022
sentence and in the manner described in division (F) of this 5,023
118
section, to perform not more than two hundred hours of supervised 5,024
community service work under the authority of any agency, 5,025
political subdivision, or charitable organization of the type 5,026
described in division (F)(1) of section 2951.02 of the Revised 5,028
Code, provided that the court shall not require the offender to 5,029
perform supervised community service work under this division 5,030
unless the offender agrees to perform the supervised community 5,031
service work.
(ii) It may suspend the driver's or commercial driver's 5,033
license or permit or nonresident operating privilege of the 5,034
offender for up to ninety days, in addition to any suspension or 5,035
revocation of the offender's driver's or commercial driver's 5,036
license or permit or nonresident operating privilege under 5,037
Chapter 4506., 4507., 4509., or 4511. of the Revised Code or 5,038
under any other provision of law. 5,039
(e) In addition to any term of imprisonment, fine, or 5,041
other sentence, penalty, or sanction imposed upon the offender 5,042
pursuant to division (E)(5)(a), (b), (c), or (d) of this section 5,043
or pursuant to any other provision of law for the violation of 5,044
division (C) of this section, if as part of the same trial or 5,045
proceeding the offender also is convicted of or pleads guilty to 5,046
a separate charge charging the violation of division (A) of 5,047
section 4511.19 of the Revised Code that was the basis of the 5,048
charge of the violation of division (C) of this section, the 5,049
offender also shall be sentenced, in accordance with section 5,050
4511.99 of the Revised Code, for that violation of division (A) 5,051
of section 4511.19 of the Revised Code and also shall be subject 5,052
to all other sanctions that are required or authorized by any 5,053
provision of law for that violation of division (A) of section 5,054
4511.19 of the Revised Code. 5,055
(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of 5,057
this section, requires an offender to perform supervised 5,058
community service work under the authority of an agency, 5,059
subdivision, or charitable organization, the requirement shall be 5,060
119
part of the community control sanction or sentence of the 5,061
offender, and the court shall impose the community service in 5,063
accordance with and subject to divisions (F)(1)(a) and (b) of 5,064
this section. The court may require an offender whom it requires 5,065
to perform supervised community service work as part of the 5,066
offender's community control sanction or sentence to pay the 5,067
court a reasonable fee to cover the costs of the offender's 5,069
participation in the work, including, but not limited to, the 5,071
costs of procuring a policy or policies of liability insurance to 5,072
cover the period during which the offender will perform the work. 5,073
If the court requires the offender to perform supervised 5,074
community service work as part of the offender's community 5,075
control sanction or sentence, the court shall do so in accordance 5,076
with the following limitations and criteria: 5,077
(i) The court shall require that the community service 5,079
work be performed after completion of the term of imprisonment 5,080
imposed upon the offender for the violation of division (C) of 5,081
this section, if applicable. 5,082
(ii) The supervised community service work shall be 5,084
subject to the limitations set forth in divisions (F)(1)(a) to 5,086
(c) of section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in 5,088
the manner described in division (F)(1)(d) of section 2951.02 of 5,089
the Revised Code by an official or person with the qualifications 5,090
described in that division. The official or person periodically 5,091
shall report in writing to the court concerning the conduct of 5,092
the offender in performing the work.
(iv) The court shall inform the offender in writing that 5,094
if the offender does not adequately perform, as determined by the 5,096
court, all of the required community service work, the court may
order that the offender be committed to a jail or workhouse for a 5,097
period of time that does not exceed the term of imprisonment that 5,098
the court could have imposed upon the offender for the violation 5,099
of division (C) of this section, reduced by the total amount of 5,100
120
time that the offender actually was imprisoned under the sentence 5,101
or term that was imposed upon the offender for that violation and 5,102
by the total amount of time that the offender was confined for 5,103
any reason arising out of the offense for which the offender was 5,104
convicted and sentenced as described in sections 2949.08 and 5,106
2967.191 of the Revised Code, and that, if the court orders that 5,107
the offender be so committed, the court is authorized, but not 5,108
required, to grant the offender credit upon the period of the 5,109
commitment for the community service work that the offender 5,110
adequately performed.
(b) If a court, pursuant to this division and division 5,112
(E)(5)(d)(i) of this section, orders an offender to perform 5,113
community service work as part of the offender's community 5,114
control sanction or sentence and if the offender does not 5,116
adequately perform all of the required community service work, as 5,117
determined by the court, the court may order that the offender be 5,118
committed to a jail or workhouse for a period of time that does 5,119
not exceed the term of imprisonment that the court could have 5,120
imposed upon the offender for the violation of division (C) of 5,121
this section, reduced by the total amount of time that the 5,122
offender actually was imprisoned under the sentence or term that 5,123
was imposed upon the offender for that violation and by the total 5,124
amount of time that the offender was confined for any reason 5,125
arising out of the offense for which the offender was convicted 5,127
and sentenced as described in sections 2949.08 and 2967.191 of
the Revised Code. The court may order that a person committed 5,128
pursuant to this division shall receive hour-for-hour credit upon 5,129
the period of the commitment for the community service work that 5,130
the offender adequately performed. No commitment pursuant to 5,132
this division shall exceed the period of the term of imprisonment 5,133
that the sentencing court could have imposed upon the offender
for the violation of division (C) of this section, reduced by the 5,134
total amount of time that the offender actually was imprisoned 5,135
under that sentence or term and by the total amount of time that 5,136
121
the offender was confined for any reason arising out of the 5,137
offense for which the offender was convicted and sentenced as 5,138
described in sections 2949.08 and 2967.191 of the Revised Code. 5,139
(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do 5,141
not limit or affect the authority of the court to suspend the 5,142
sentence imposed upon a misdemeanor offender and place the 5,143
offender on probation or otherwise suspend the sentence pursuant 5,144
to sections 2929.51 and 2951.02 of the Revised Code, to require 5,145
the misdemeanor offender, as a condition of the offender's 5,146
probation or of otherwise suspending the offender's sentence, to 5,147
perform supervised community service work in accordance with 5,149
division (F) of section 2951.02 of the Revised Code, or to place 5,151
a felony offender under a community control sanction. 5,153
(G)(1) If a court suspends an offender's driver's or 5,155
commercial driver's license or permit or nonresident operating 5,156
privilege under division (E)(5)(d)(ii) of this section, the 5,157
period of the suspension shall be consecutive to, and commence 5,158
after, the period of suspension or revocation of the offender's 5,159
driver's or commercial driver's license or permit or nonresident 5,160
operating privilege that is imposed under Chapter 4506., 4507., 5,161
4509., or 4511. of the Revised Code or under any other provision 5,162
of law in relation to the violation of division (C) of this 5,163
section that is the basis of the suspension under division 5,164
(E)(5)(d)(ii) of this section or in relation to the violation of 5,165
division (A) of section 4511.19 of the Revised Code that is the 5,166
basis for that violation of division (C) of this section. 5,167
(2) An offender is not entitled to request, and the court 5,170
shall not grant to the offender, occupational driving privileges 5,171
under division (G) of this section if the offender's license, 5,173
permit, or privilege has been suspended under division 5,174
(E)(5)(d)(ii) of this section and the offender, within the 5,175
preceding seven years, has been convicted of or pleaded guilty to 5,176
three or more violations of one or more of the following: 5,177
(a) Division (C) of this section; 5,180
122
(b) Division (A) or (B) of section 4511.19 of the Revised 5,183
Code;
(c) A municipal ordinance relating to operating a vehicle 5,186
while under the influence of alcohol, a drug of abuse, or alcohol 5,187
and a drug of abuse;
(d) A municipal ordinance relating to operating a vehicle 5,190
with a prohibited concentration of alcohol in the blood, breath, 5,191
or urine;
(e) Section 2903.04 of the Revised Code in a case in which 5,194
the offender was subject to the sanctions described in division 5,195
(D) of that section;
(f) Division (A)(1) of section 2903.06 or division (A)(1) 5,198
of section 2903.08 of the Revised Code or a municipal ordinance 5,199
that is substantially similar to either of those divisions; 5,201
(g) Division (A)(2), (3), or (4) of section 2903.06, 5,205
division (A)(2) of section 2903.08, or former section 2903.07 of 5,207
the Revised Code, or a municipal ordinance that is substantially 5,208
similar to any of those divisions or that former section, in a 5,210
case in which the jury or judge found that the offender was under 5,211
the influence of alcohol, a drug of abuse, or alcohol and a drug 5,212
of abuse;
(h) A statute of the United States or of any other state 5,215
or a municipal ordinance of a municipal corporation located in 5,216
any other state that is substantially similar to division (A) or 5,217
(B) of section 4511.19 of the Revised Code.
(3) Any other offender who is not described in division 5,219
(G)(2) of this section and whose license, permit, or nonresident 5,221
operating privilege has been suspended under division 5,222
(E)(5)(d)(ii) of this section may file with the sentencing court 5,223
a petition alleging that the suspension would seriously affect 5,224
the offender's ability to continue employment. Upon satisfactory 5,225
proof that there is reasonable cause to believe that the 5,226
suspension would seriously affect the offender's ability to 5,227
continue employment, the court may grant the offender 5,228
123
occupational driving privileges during the period during which 5,229
the suspension otherwise would be imposed, except that the court 5,230
shall not grant occupational driving privileges for employment as 5,231
a driver of commercial motor vehicles to any person who is 5,232
disqualified from operating a commercial motor vehicle under 5,233
section 2301.374 3123.611 or 4506.16 of the Revised Code OR WHOSE 5,235
COMMERCIAL DRIVER'S LICENSE OR COMMERCIAL DRIVER'S TEMPORARY
INSTRUCTION PERMIT HAS BEEN SUSPENDED UNDER SECTION 3123.58 OF 5,236
THE REVISED CODE.
(H)(1) If a person violates division (C) of this section 5,238
and if, at the time of the violation, there were two or more 5,239
children under eighteen years of age in the motor vehicle 5,240
involved in the violation, the offender may be convicted of a 5,241
violation of division (C) of this section for each of the 5,242
children, but the court may sentence the offender for only one of 5,243
the violations. 5,244
(2)(a) If a person is convicted of or pleads guilty to a 5,246
violation of division (C) of this section but the person is not 5,247
also convicted of and does not also plead guilty to a separate 5,248
charge charging the violation of division (A) of section 4511.19 5,249
of the Revised Code that was the basis of the charge of the 5,250
violation of division (C) of this section, both of the following 5,251
apply: 5,252
(i) For purposes of the provisions of section 4511.99 of 5,254
the Revised Code that set forth the penalties and sanctions for a 5,255
violation of division (A) of section 4511.19 of the Revised Code, 5,256
the conviction of or plea of guilty to the violation of division 5,257
(C) of this section shall not constitute a violation of division 5,258
(A) of section 4511.19 of the Revised Code; 5,259
(ii) For purposes of any provision of law that refers to a 5,261
conviction of or plea of guilty to a violation of division (A) of 5,262
section 4511.19 of the Revised Code and that is not described in 5,263
division (H)(2)(a)(i) of this section, the conviction of or plea 5,264
of guilty to the violation of division (C) of this section shall 5,265
124
constitute a conviction of or plea of guilty to a violation of 5,266
division (A) of section 4511.19 of the Revised Code. 5,267
(b) If a person is convicted of or pleads guilty to a 5,269
violation of division (C) of this section and the person also is 5,270
convicted of or pleads guilty to a separate charge charging the 5,271
violation of division (A) of section 4511.19 of the Revised Code 5,272
that was the basis of the charge of the violation of division (C) 5,273
of this section, the conviction of or plea of guilty to the 5,274
violation of division (C) of this section shall not constitute, 5,275
for purposes of any provision of law that refers to a conviction 5,276
of or plea of guilty to a violation of division (A) of section 5,277
4511.19 of the Revised Code, a conviction of or plea of guilty to 5,278
a violation of division (A) of section 4511.19 of the Revised 5,279
Code. 5,280
(I) As used in this section, "community control sanction" 5,283
has the same meaning as in section 2929.01 of the Revised Code. 5,285
Sec. 2919.231. (A) No person, by using physical 5,294
harassment or threats of violence against another person, shall 5,295
interfere with the other person's initiation or continuance of, 5,297
or attempt to prevent the other person from initiating or
continuing, an action to issue or modify a support order under 5,298
Chapter 3115. or under section 2151.23, 2151.231, 2151.232, 5,299
2151.33, 2151.36, 2151.49, 3105.18, 3105.21, 3109.05, 3109.19, 5,301
3111.13, 3113.04, 3113.07, or 3113.31 of the Revised Code. 5,302
(B) Whoever violates this section is guilty of interfering 5,304
with an action to issue or modify a support order, a misdemeanor 5,305
of the first degree. If the offender previously has been 5,306
convicted of or pleaded guilty to a violation of this section or 5,307
of section 3111.29 3111.19 of the Revised Code, interfering with 5,309
an action to issue or modify a support order is a felony of the 5,310
fifth degree. 5,311
Sec. 3103.03. (A) Each married person must support the 5,321
person's self and spouse out of the person's property or by the 5,323
person's labor. If a married person is unable to do so, the 5,325
125
spouse of the married person must assist in the support so far as 5,326
the spouse is able. The biological or adoptive parent of a minor 5,327
child must support the parent's minor children out of the 5,329
parent's property or by the parent's labor. 5,330
(B) Notwithstanding section 3109.01 of the Revised Code 5,332
AND TO THE EXTENT PROVIDED IN SECTION 3319.86 OF THE REVISED 5,333
CODE, the parental duty of support to children, including the 5,334
duty of a parent to pay support pursuant to a child support 5,335
order, shall continue beyond the age of majority as long as the 5,336
child continuously attends on a full-time basis any recognized 5,337
and accredited high school or a court-issued child support order 5,340
provides that the duty of support continues beyond the age of 5,341
majority. Except in cases in which a child support order 5,342
requires the duty of support to continue for any period after the 5,343
child reaches age nineteen, the order shall not remain in effect 5,344
after the child reaches age nineteen. That duty of support shall 5,345
continue during seasonal vacation periods. 5,346
(C) If a married person neglects to support the person's 5,349
spouse in accordance with this section, any other person, in good 5,350
faith, may supply the spouse with necessaries for the support of 5,351
the spouse and recover the reasonable value of the necessaries 5,352
supplied from the married person who neglected to support the 5,353
spouse unless the spouse abandons that person without cause. 5,354
(D) If a parent neglects to support the parent's minor 5,357
child in accordance with this section and if the minor child in 5,358
question is unemancipated, any other person, in good faith, may 5,359
supply the minor child with necessaries for the support of the 5,360
minor child and recover the reasonable value of the necessaries 5,361
supplied from the parent who neglected to support the minor 5,362
child. 5,363
(E) If a decedent during the decedent's lifetime has 5,365
purchased an irrevocable preneed funeral contract pursuant to 5,368
section 1109.75 of the Revised Code, then the duty of support 5,369
owed to a spouse pursuant to this section does not include an 5,371
126
obligation to pay for the funeral expenses of the deceased 5,372
spouse. This division does not preclude a surviving spouse from 5,373
assuming by contract the obligation to pay for the funeral 5,374
expenses of the deceased spouse. 5,375
Sec. 3103.031. A biological parent of a child, a man 5,384
determined to be the natural father of a child under sections 5,385
3111.01 to 3111.19 3111.18 or 3111.20 to 3111.29 3111.85 of the 5,387
Revised Code, a parent who adopts a minor child pursuant to 5,388
Chapter 3107. of the Revised Code, or a parent whose signed 5,389
acknowledgment of paternity has become final pursuant to section 5,391
2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised 5,392
Code assumes the parental duty of support for that child. 5,395
Notwithstanding section 3109.01 of the Revised Code AND TO THE
EXTENT PROVIDED IN SECTION 3119.86 OF THE REVISED CODE, the 5,396
parental duty of support to the child shall continue beyond the 5,397
age of majority as long as the child continuously attends on a 5,398
full-time basis any recognized and accredited high school or a 5,400
court-issued child support order provides that the duty of 5,401
support continues beyond the age of majority. Except in cases in 5,402
which a child support order requires the duty of support to 5,404
continue for any period after the child reaches age nineteen, the 5,405
order shall not remain in effect after the child reaches age 5,406
nineteen. That duty of support shall continue during seasonal 5,407
vacation periods.
Sec. 3105.18. (A) As used in this section, "spousal 5,416
support" means any payment or payments to be made to a spouse or 5,417
former spouse, or to a third party for the benefit of a spouse or 5,418
a former spouse, that is both for sustenance and for support of 5,419
the spouse or former spouse. "Spousal support" does not include 5,420
any payment made to a spouse or former spouse, or to a third 5,421
party for the benefit of a spouse or former spouse, that is made 5,422
as part of a division or distribution of property or a 5,423
distributive award under section 3105.171 of the Revised Code. 5,424
(B) In divorce and legal separation proceedings, upon the 5,426
127
request of either party and after the court determines the 5,427
division or disbursement of property under section 3105.171 of 5,428
the Revised Code, the court of common pleas may award reasonable 5,429
spousal support to either party. During the pendency of any 5,430
divorce, or legal separation proceeding, the court may award 5,431
reasonable temporary spousal support to either party. 5,432
An award of spousal support may be allowed in real or 5,434
personal property, or both, or by decreeing a sum of money, 5,435
payable either in gross or by installments, from future income or 5,436
otherwise, as the court considers equitable. 5,437
Any award of spousal support made under this section shall 5,439
terminate upon the death of either party, unless the order 5,440
containing the award expressly provides otherwise. 5,441
(C)(1) In determining whether spousal support is 5,443
appropriate and reasonable, and in determining the nature, 5,444
amount, and terms of payment, and duration of spousal support, 5,445
which is payable either in gross or in installments, the court 5,446
shall consider all of the following factors: 5,447
(a) The income of the parties, from all sources, 5,449
including, but not limited to, income derived from property 5,450
divided, disbursed, or distributed under section 3105.171 of the 5,451
Revised Code; 5,452
(b) The relative earning abilities of the parties; 5,454
(c) The ages and the physical, mental, and emotional 5,456
conditions of the parties; 5,457
(d) The retirement benefits of the parties; 5,459
(e) The duration of the marriage; 5,461
(f) The extent to which it would be inappropriate for a 5,463
party, because that party will be custodian of a minor child of 5,465
the marriage, to seek employment outside the home; 5,466
(g) The standard of living of the parties established 5,468
during the marriage; 5,469
(h) The relative extent of education of the parties; 5,471
(i) The relative assets and liabilities of the parties, 5,473
128
including but not limited to any court-ordered payments by the 5,474
parties; 5,475
(j) The contribution of each party to the education, 5,477
training, or earning ability of the other party, including, but 5,478
not limited to, any party's contribution to the acquisition of a 5,479
professional degree of the other party; 5,480
(k) The time and expense necessary for the spouse who is 5,482
seeking spousal support to acquire education, training, or job 5,483
experience so that the spouse will be qualified to obtain 5,484
appropriate employment, provided the education, training, or job 5,485
experience, and employment is, in fact, sought; 5,486
(l) The tax consequences, for each party, of an award of 5,488
spousal support; 5,489
(m) The lost income production capacity of either party 5,491
that resulted from that party's marital responsibilities; 5,492
(n) Any other factor that the court expressly finds to be 5,494
relevant and equitable. 5,495
(2) In determining whether spousal support is reasonable 5,497
and in determining the amount and terms of payment of spousal 5,498
support, each party shall be considered to have contributed 5,499
equally to the production of marital income. 5,500
(D) In an action brought solely for an order for legal 5,502
separation under section 3105.17 of the Revised Code, any 5,503
continuing order for periodic payments of money entered pursuant 5,504
to this section is subject to further order of the court upon 5,505
changed circumstances of either party. 5,506
(E) If a continuing order for periodic payments of money 5,508
as alimony is entered in a divorce or dissolution of marriage 5,509
action that is determined on or after May 2, 1986, and before 5,510
January 1, 1991, or if a continuing order for periodic payments 5,511
of money as spousal support is entered in a divorce or 5,512
dissolution of marriage action that is determined on or after 5,513
January 1, 1991, the court that enters the decree of divorce or 5,514
dissolution of marriage does not have jurisdiction to modify the 5,515
129
amount or terms of the alimony or spousal support unless the 5,516
court determines that the circumstances of either party have 5,517
changed and unless one of the following applies: 5,518
(1) In the case of a divorce, the decree or a separation 5,520
agreement of the parties to the divorce that is incorporated into 5,521
the decree contains a provision specifically authorizing the 5,522
court to modify the amount or terms of alimony or spousal 5,523
support. 5,524
(2) In the case of a dissolution of marriage, the 5,526
separation agreement that is approved by the court and 5,527
incorporated into the decree contains a provision specifically 5,528
authorizing the court to modify the amount or terms of alimony or 5,529
spousal support. 5,530
(F) For purposes of divisions (D) and (E) of this section, 5,532
a change in the circumstances of a party includes, but is not 5,533
limited to, any increase or involuntary decrease in the party's 5,534
wages, salary, bonuses, living expenses, or medical expenses. 5,535
(G) Each order for alimony made or modified by a court 5,537
shall include as part of the order a general provision, as 5,539
described in division (A)(1) of section 3113.21 of the Revised 5,540
Code, requiring the withholding or deduction of income or assets 5,542
of the obligor under the order as described in division (D) of 5,544
section 3113.21 of the Revised Code or another type of 5,546
appropriate requirement as described in division (D)(3), (D)(4), 5,547
or (H) of that section, to ensure that withholding or deduction 5,550
from the income or assets of the obligor is available from the 5,552
commencement of the support order for collection of the support 5,553
and of any arrearages that occur; a statement requiring all 5,554
parties to the order to notify the child support enforcement 5,555
agency in writing of their current mailing address, current 5,556
residence address, current residence telephone number, current 5,557
driver's license number, and of any changes to that information; 5,558
and a notice that the requirement to notify the agency of all 5,560
changes to that information continues until further notice from 5,562
130
the court.
If any person required to pay alimony under an order made 5,564
or modified by a court on or after December 1, 1986, and before 5,565
January 1, 1991, or any person required to pay spousal support 5,566
under an order made or modified by a court on or after January 1, 5,567
1991, is found in contempt of court for failure to make alimony 5,568
or spousal support payments under the order, the court that makes 5,569
the finding, in addition to any other penalty or remedy imposed, 5,570
shall assess all court costs arising out of the contempt 5,571
proceeding against the person and shall require the person to pay 5,572
any reasonable attorney's fees of any adverse party, as 5,573
determined by the court, that arose in relation to the act of 5,574
contempt. 5,575
(H) In divorce or legal separation proceedings, the court 5,577
may award reasonable attorney's fees to either party at any stage 5,578
of the proceedings, including, but not limited to, any appeal, 5,579
any proceeding arising from a motion to modify a prior order or 5,580
decree, and any proceeding to enforce a prior order or decree, if 5,581
it determines that the other party has the ability to pay the 5,582
attorney's fees that the court awards. When the court determines 5,583
whether to award reasonable attorney's fees to any party pursuant 5,584
to this division, it shall determine whether either party will be 5,585
prevented from fully litigating that party's rights and 5,586
adequately protecting that party's interests if it does not award 5,588
reasonable attorney's fees.
Sec. 3105.21. (A) Upon satisfactory proof of the causes 5,597
in the complaint for divorce, annulment, or legal separation, the 5,598
court of common pleas shall make an order for the disposition, 5,599
care, and maintenance of the children of the marriage, as is in 5,600
their best interests, and in accordance with section 3109.04 of 5,601
the Revised Code. 5,602
(B) Upon the failure of proof of the causes in the 5,604
complaint, the court may make the order for the disposition, 5,605
care, and maintenance of any dependent child of the marriage as 5,606
131
is in the child's best interest, and in accordance with section 5,607
3109.04 of the Revised Code. 5,608
(C) Each order for child support made or modified under 5,610
this section shall include as part of the order a general 5,612
provision, as described in division (A)(1) of section 3113.21 of 5,613
the Revised Code, requiring the withholding or deduction of 5,615
income or assets of the obligor under the order as described in 5,617
division (D) of section 3113.21 of the Revised Code, or another 5,619
type of appropriate requirement as described in division (D)(3), 5,620
(D)(4), or (H) of that section, to ensure that withholding or 5,623
deduction from the income or assets of the obligor is available 5,625
from the commencement of the support order for collection of the 5,626
support and of any arrearages that occur; a statement requiring 5,627
all parties to the order to notify the child support enforcement 5,628
agency in writing of their current mailing address, current 5,629
residence address, current residence telephone number, current 5,630
driver's license number, and any changes to that information; and 5,631
a notice that the requirement to notify the agency of all changes 5,633
to that information continues until further notice from the 5,635
court. Any court of common pleas that makes or modifies an order 5,636
for child support under this section shall comply with sections 5,637
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 5,639
the Revised Code. If any person required to pay child support 5,641
under an order made under this section on or after April 15, 5,642
1985, or modified on or after December 1, 1986, is found in 5,643
contempt of court for failure to make support payments under the 5,644
order, the court that makes the finding, in addition to any other 5,645
penalty or remedy imposed, shall assess all court costs arising 5,646
out of the contempt proceeding against the person and require the 5,647
person to pay any reasonable attorney's fees of any adverse 5,648
party, as determined by the court, that arose in relation to the 5,649
act of contempt.
(D) Notwithstanding section 3109.01 of the Revised Code, 5,651
if a court issues a child support order under this section, the 5,652
132
order shall remain in effect beyond the child's eighteenth 5,653
birthday as long as the child continuously attends on a full-time 5,654
basis any recognized and accredited high school or the order 5,656
provides that the duty of support of the child continues beyond 5,657
the child's eighteenth birthday. Except in cases in which the 5,659
order provides that the duty of support continues for any period 5,660
after the child reaches age nineteen, the order shall not remain 5,661
in effect after the child reaches age nineteen. Any parent 5,662
ordered to pay support under a child support order issued under 5,663
this section shall continue to pay support under the order, 5,664
including during seasonal vacation periods, until the order 5,665
terminates. 5,666
Sec. 3105.63. (A)(1) A petition for dissolution of 5,675
marriage shall be signed by both spouses and shall have attached 5,676
and incorporated a separation agreement agreed to by both 5,677
spouses. The separation agreement shall provide for a division 5,678
of all property; spousal support; if there are minor children of 5,679
the marriage, the allocation of parental rights and 5,680
responsibilities for the care of the minor children, the 5,681
designation of a residential parent and legal custodian of the 5,682
minor children, child support, and visitation PARENTING TIME 5,683
rights; and, if the spouses so desire, an authorization for the 5,685
court to modify the amount or terms of spousal support provided 5,686
in the separation agreement. If there are minor children of the 5,687
marriage, the spouses may address the allocation of the parental 5,688
rights and responsibilities for the care of the minor children by 5,689
including in the separation agreement a plan under which both 5,690
parents will have shared rights and responsibilities for the care 5,691
of the minor children. The spouses shall file the plan with the 5,692
petition for dissolution of marriage and shall include in the 5,693
plan the provisions described in division (G) of section 3109.04 5,694
of the Revised Code. 5,695
(2) The division of property in the separation agreement 5,697
shall include any participant account, as defined in section 5,698
133
148.01 of the Revised Code, of either of the spouses, to the 5,700
extent of the following: 5,701
(a) The moneys that have been deferred by a continuing 5,703
member or participating employee, as defined in that section, and 5,704
that have been transmitted to the Ohio public employees deferred 5,705
compensation board during the marriage and any income that is 5,706
derived from the investment of those moneys during the marriage; 5,707
(b) The moneys that have been deferred by an officer or 5,709
employee of a municipal corporation and that have been 5,710
transmitted to the governing board, administrator, depository, or 5,711
trustee of the deferred compensation program of the municipal 5,712
corporation during the marriage and any income that is derived 5,713
from the investment of those moneys during the marriage; 5,714
(c) The moneys that have been deferred by an officer or 5,716
employee of a government unit, as defined in section 148.06 of 5,718
the Revised Code, and that have been transmitted to the governing 5,719
board, as defined in that section, during the marriage and any 5,720
income that is derived from the investment of those moneys during 5,721
the marriage. 5,722
(3) The separation agreement shall not require or permit 5,724
the division or disbursement of the moneys and income described 5,725
in division (A)(2) of this section to occur in a manner that is 5,726
inconsistent with the law, rules, or plan governing the deferred 5,727
compensation program involved or prior to the time that the 5,728
spouse in whose name the participant account is maintained 5,729
commences receipt of the moneys and income credited to the 5,730
account in accordance with that law, rules, and plan. 5,731
(B) An amended separation agreement may be filed at any 5,733
time prior to or during the hearing on the petition for 5,734
dissolution of marriage. Upon receipt of a petition for 5,735
dissolution of marriage, the court may cause an investigation to 5,736
be made pursuant to the Rules of Civil Procedure. 5,737
(C) If a petition for dissolution of marriage contains an 5,739
authorization for the court to modify the amount or terms of 5,740
134
spousal support provided in the separation agreement, the 5,741
modification shall be in accordance with section 3105.18 of the 5,742
Revised Code. 5,743
Sec. 3105.65. (A) If, at the time of the hearing, either 5,752
spouse is not satisfied with the separation agreement or does not 5,753
wish a dissolution of the marriage and if neither spouse files a 5,754
motion pursuant to division (C) of this section to convert the 5,755
action to an action for divorce, the court shall dismiss the 5,756
petition and refuse to validate the proposed separation 5,757
agreement. 5,758
(B) If, upon review of the testimony of both spouses and 5,760
of the report of the investigator pursuant to the Rules of Civil 5,761
Procedure, the court approves the separation agreement and any 5,762
amendments to it agreed upon by the parties, it shall grant a 5,763
decree of dissolution of marriage that incorporates the 5,764
separation agreement. If the separation agreement contains a 5,765
plan for the exercise of shared parenting by the spouses, the 5,766
court shall review the plan in accordance with the provisions of 5,767
division (D)(1) of section 3109.04 of the Revised Code that 5,768
govern the review of a pleading or motion requesting shared 5,769
parenting jointly submitted by both spouses to a marriage. A 5,770
decree of dissolution of marriage has the same effect upon the 5,771
property rights of the parties, including rights of dower and 5,772
inheritance, as a decree of divorce. The court has full power to 5,773
enforce its decree and retains jurisdiction to modify all matters 5,774
pertaining to the allocation of parental rights and 5,775
responsibilities for the care of the children, to the designation 5,776
f a residential parent and legal custodian of the children, to 5,777
child support, TO PARENTING TIME OF PARENTS WITH THE CHILDREN, 5,778
and to visitation FOR PERSONS WHO ARE NOT THE CHILDREN'S PARENTS. 5,780
The court, only in accordance with division (E)(2) of section 5,782
3105.18 of the Revised Code, may modify the amount or terms of 5,783
spousal support.
(C) At any time before a decree of dissolution of marriage 5,785
135
has been granted under division (B) of this section, either 5,786
spouse may convert the action for dissolution of marriage into a 5,787
divorce action by filing a motion with the court in which the 5,788
action for dissolution of marriage is pending for conversion of 5,789
the action for dissolution of marriage. The motion shall contain 5,790
a complaint for divorce that contains grounds for a divorce and 5,791
that otherwise complies with the Rules of Civil Procedure and 5,792
this chapter. The divorce action then shall proceed in 5,793
accordance with the Rules of Civil Procedure in the same manner 5,794
as if the motion had been the original complaint in the action, 5,795
including, but not limited to, the issuance and service of 5,796
summons pursuant to Civil Rules 4 to 4.6, except that no court 5,797
fees shall be charged upon conversion of the action for 5,798
dissolution of marriage into a divorce action under this 5,799
division. 5,800
Sec. 3107.01. As used in sections 3107.01 to 3107.19 of 5,809
the Revised Code:
(A) "Agency" means any public or private organization 5,811
certified, licensed, or otherwise specially empowered by law or 5,812
rule to place minors for adoption. 5,813
(B) "Attorney" means a person who has been admitted to the 5,815
bar by order of the Ohio supreme court. 5,816
(C) "Child" means a son or daughter, whether by birth or 5,818
by adoption. 5,819
(D) "Court" means the probate courts of this state, and 5,821
when the context requires, means the court of any other state 5,823
empowered to grant petitions for adoption. 5,824
(E) "Foster caregiver" has the same meaning as in section 5,826
5103.02 of the Revised Code. 5,827
(F) "Identifying information" means any of the following 5,830
with regard to a person: first name, last name, maiden name, 5,831
alias, social security number, address, telephone number, place 5,832
of employment, number used to identify the person for the purpose 5,833
of the statewide education management information system
136
established pursuant to section 3301.0714 of the Revised Code, 5,834
and any other number federal or state law requires or permits to 5,835
be used to identify the person.
(G) "Minor" means a person under the age of eighteen 5,837
years. 5,838
(H) "Putative father" means a man, including one under age 5,841
eighteen, who may be a child's father and to whom all of the 5,842
following apply:
(1) He is not married to the child's mother at the time of 5,844
the child's conception or birth; 5,845
(2) He has not adopted the child; 5,847
(3) He has not been determined, prior to the date a 5,849
petition to adopt the child is filed, to have a parent and child 5,850
relationship with the child by a court proceeding pursuant to 5,851
sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court 5,853
proceeding in another state, an administrative agency proceeding 5,854
pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the 5,856
Revised Code, or an administrative agency proceeding in another 5,857
state;
(4) He has not acknowledged paternity of the child 5,859
pursuant to section 5101.314 SECTIONS 3111.21 TO 3111.35 of the 5,860
Revised Code.
Sec. 3107.06. Unless consent is not required under section 5,869
3107.07 of the Revised Code, a petition to adopt a minor may be 5,870
granted only if written consent to the adoption has been executed 5,871
by all of the following: 5,872
(A) The mother of the minor; 5,874
(B) The father of the minor, if any of the following 5,876
apply:
(1) The minor was conceived or born while the father was 5,878
married to the mother; 5,879
(2) The minor is his child by adoption; 5,881
(3) Prior to the date the petition was filed, it was 5,883
determined by a court proceeding pursuant to sections 3111.01 to 5,884
137
3111.19 3111.18 of the Revised Code, a court proceeding in 5,887
another state, an administrative proceeding pursuant to sections
3111.20 3111.38 to 3111.29 3111.54 of the Revised Code, or an 5,889
administrative proceeding in another state that he has a parent 5,891
and child relationship with the minor; 5,892
(4) He acknowledged paternity of the child and that 5,894
acknowledgment has become final pursuant to section 2151.232, 5,895
3111.211 3111.25, or 5101.314 3111.821 of the Revised Code. 5,897
(C) The putative father of the minor; 5,899
(D) Any person or agency having permanent custody of the 5,901
minor or authorized by court order to consent; 5,902
(E) The juvenile court that has jurisdiction to determine 5,904
custody of the minor, if the legal guardian or custodian of the 5,905
minor is not authorized by law or court order to consent to the 5,906
adoption; 5,907
(F) The minor, if more than twelve years of age, unless 5,909
the court, finding that it is in the best interest of the minor, 5,910
determines that the minor's consent is not required. 5,911
Sec. 3107.064. (A) Except as provided in division (B) of 5,921
this section, a court shall not issue a final decree of adoption
or finalize an interlocutory order of adoption unless the mother 5,922
placing the minor for adoption or the agency or attorney 5,923
arranging the adoption files with the court a certified document 5,924
provided by the department of job and family services under 5,926
section 3107.063 of the Revised Code. The court shall not accept
the document unless the date the department places on the 5,927
document pursuant to that section is thirty-one or more days 5,928
after the date of the minor's birth. 5,929
(B) The document described in division (A) of this section 5,932
is not required if any of the following apply:
(1) The mother was married at the time the minor was 5,934
conceived or born;
(2) The parent placing the minor for adoption previously 5,936
adopted the minor; 5,937
138
(3) Prior to the date a petition to adopt the minor is 5,939
filed, a man has been determined to have a parent and child 5,940
relationship with the minor by a court proceeding pursuant to 5,941
sections 3111.01 to 3111.19 3111.18 of the Revised Code, a court 5,943
proceeding in another state, an administrative agency proceeding 5,944
pursuant to sections 3111.20 3111.38 to 3111.29 3111.54 of the 5,945
Revised Code, or an administrative agency proceeding in another 5,946
state;
(4) The minor's father acknowledged paternity of the minor 5,948
and that acknowledgment has become final pursuant to section 5,950
2151.232, 3111.211 3111.25, or 5101.314 3111.821 of the Revised 5,951
Code;
(5) A public children services agency has permanent 5,954
custody of the minor pursuant to Chapter 2151. or division (B) of 5,955
section 5103.15 of the Revised Code after both parents lost or 5,956
surrendered parental rights, privileges, and responsibilities 5,957
over the minor.
Sec. 3107.15. (A) A final decree of adoption and an 5,966
interlocutory order of adoption that has become final as issued 5,967
by a court of this state, or a decree issued by a jurisdiction 5,968
outside this state as recognized pursuant to section 3107.18 of 5,969
the Revised Code, shall have the following effects as to all 5,970
matters within the jurisdiction or before a court of this state, 5,971
whether issued before or after the effective date of this 5,972
amendment MAY 30, 1996: 5,973
(1) Except with respect to a spouse of the petitioner and 5,975
relatives of the spouse, to relieve the biological or other legal 5,976
parents of the adopted person of all parental rights and 5,977
responsibilities, and to terminate all legal relationships 5,978
between the adopted person and the adopted person's relatives, 5,980
including the adopted person's biological or other legal parents,
so that the adopted person thereafter is a stranger to the 5,981
adopted person's former relatives for all purposes including 5,983
inheritance and the interpretation or construction of documents, 5,984
139
statutes, and instruments, whether executed before or after the 5,985
adoption is decreed, which do not expressly include the person by 5,986
name or by some designation not based on a parent and child or 5,987
blood relationship;
(2) To create the relationship of parent and child between 5,989
petitioner and the adopted person, as if the adopted person were 5,990
a legitimate blood descendant of the petitioner, for all purposes 5,991
including inheritance and applicability of statutes, documents, 5,992
and instruments, whether executed before or after the adoption is 5,993
decreed, and whether executed or created before or after the 5,994
effective date of this amendment MAY 30, 1996, which do not 5,995
expressly exclude an adopted person from their operation or 5,997
effect.
(B) Notwithstanding division (A) of this section, if a 5,999
parent of a child dies without the relationship of parent and 6,000
child having been previously terminated and a spouse of the 6,001
living parent thereafter adopts the child, the child's rights 6,002
from or through the deceased parent for all purposes, including 6,003
inheritance and applicability or construction of documents, 6,004
statutes, and instruments, are not restricted or curtailed by the 6,005
adoption. 6,006
(C) NOTWITHSTANDING DIVISION (A) OF THIS SECTION, IF THE 6,008
RELATIONSHIP OF PARENT AND CHILD HAS NOT BEEN TERMINATED BETWEEN 6,009
A PARENT AND THAT PARENT'S CHILD AND A SPOUSE OF THE OTHER PARENT 6,010
OF THE CHILD ADOPTS THE CHILD, A GRANDPARENT'S OR RELATIVE'S 6,011
RIGHT TO COMPANIONSHIP OR VISITATION PURSUANT TO SECTION 3109.11 6,012
OF THE REVISED CODE IS NOT RESTRICTED OR CURTAILED BY THE
ADOPTION. 6,013
(D) An interlocutory order of adoption, while it is in 6,015
force, has the same legal effect as a final decree of adoption. 6,016
If an interlocutory order of adoption is vacated, it shall be as 6,017
though void from its issuance, and the rights, liabilities, and 6,018
status of all affected persons that have not become vested are 6,019
governed accordingly. 6,020
140
Sec. 3109.04. (A) In any divorce, legal separation, or 6,029
annulment proceeding and in any proceeding pertaining to the 6,030
allocation of parental rights and responsibilities for the care 6,031
of a child, upon hearing the testimony of either or both parents 6,032
and considering any mediation report filed pursuant to section 6,033
3109.052 of the Revised Code and in accordance with sections 6,034
3109.21 to 3109.36 of the Revised Code, the court shall allocate 6,035
the parental rights and responsibilities for the care of the 6,036
minor children of the marriage. Subject to division (D)(2) of 6,037
this section, the court may allocate the parental rights and 6,038
responsibilities for the care of the children in either of the 6,039
following ways: 6,040
(1) If neither parent files a pleading or motion in 6,042
accordance with division (G) of this section, if at least one 6,043
parent files a pleading or motion under that division but no 6,044
parent who filed a pleading or motion under that division also 6,045
files a plan for shared parenting, or if at least one parent 6,046
files both a pleading or motion and a shared parenting plan under 6,047
that division but no plan for shared parenting is in the best 6,048
interest of the children, the court, in a manner consistent with 6,049
the best interest of the children, shall allocate the parental 6,050
rights and responsibilities for the care of the children 6,051
primarily to one of the parents, designate that parent as the 6,052
residential parent and the legal custodian of the child, and 6,053
divide between the parents the other rights and responsibilities 6,054
for the care of the children, including, but not limited to, the 6,055
responsibility to provide support for the children and the right 6,056
of the parent who is not the residential parent to have 6,057
continuing contact with the children. 6,058
(2) If at least one parent files a pleading or motion in 6,060
accordance with division (G) of this section and a plan for 6,061
shared parenting pursuant to that division and if a plan for 6,062
shared parenting is in the best interest of the children and is 6,063
approved by the court in accordance with division (D)(1) of this 6,064
141
section, the court may allocate the parental rights and 6,065
responsibilities for the care of the children to both parents and 6,066
issue a shared parenting order requiring the parents to share all 6,067
or some of the aspects of the physical and legal care of the 6,068
children in accordance with the approved plan for shared 6,069
parenting. If the court issues a shared parenting order under 6,070
this division and it is necessary for the purpose of receiving 6,071
public assistance, the court shall designate which one of the 6,072
parents' residences is to serve as the child's home. The child 6,073
support obligations of the parents under a shared parenting order 6,074
issued under this division shall be determined in accordance with 6,075
section 3113.215 CHAPTERS 3119., 3121., 3123., AND 3125. of the 6,077
Revised Code.
(B)(1) When making the allocation of the parental rights 6,079
and responsibilities for the care of the children under this 6,080
section in an original proceeding or in any proceeding for 6,081
modification of a prior order of the court making the allocation, 6,082
the court shall take into account that which would be in the best 6,083
interest of the children. In determining the child's best 6,084
interest for purposes of making its allocation of the parental 6,085
rights and responsibilities for the care of the child and for 6,086
purposes of resolving any issues related to the making of that 6,087
allocation, the court, in its discretion, may and, upon the 6,088
request of either party, shall interview in chambers any or all 6,089
of the involved children regarding their wishes and concerns with 6,090
respect to the allocation. 6,091
(2) If the court interviews any child pursuant to division 6,093
(B)(1) of this section, all of the following apply: 6,094
(a) The court, in its discretion, may and, upon the motion 6,096
of either parent, shall appoint a guardian ad litem for the 6,097
child. 6,098
(b) The court first shall determine the reasoning ability 6,100
of the child. If the court determines that the child does not 6,101
have sufficient reasoning ability to express his THE CHILD'S 6,102
142
wishes and concern with respect to the allocation of parental 6,104
rights and responsibilities for the care of the child, it shall 6,105
not determine the child's wishes and concerns with respect to the 6,106
allocation. If the court determines that the child has 6,107
sufficient reasoning ability to express his THE CHILD'S wishes or 6,109
concerns with respect to the allocation, it then shall determine 6,110
whether, because of special circumstances, it would not be in the 6,111
best interest of the child to determine the child's wishes and 6,112
concerns with respect to the allocation. If the court determines 6,113
that, because of special circumstances, it would not be in the 6,114
best interest of the child to determine the child's wishes and 6,115
concerns with respect to the allocation, it shall not determine 6,116
the child's wishes and concerns with respect to the allocation 6,117
and shall enter its written findings of fact and opinion in the 6,118
journal. If the court determines that it would be in the best 6,119
interests of the child to determine the child's wishes and 6,120
concerns with respect to the allocation, it shall proceed to make 6,121
that determination. 6,122
(c) The interview shall be conducted in chambers, and no 6,124
person other than the child, the child's attorney, the judge, any 6,125
necessary court personnel, and, in the judge's discretion, the 6,126
attorney of each parent shall be permitted to be present in the 6,127
chambers during the interview. 6,128
(3) No person shall obtain or attempt to obtain from a 6,130
child a written or recorded statement or affidavit setting forth 6,131
the child's wishes and concerns regarding the allocation of 6,132
parental rights and responsibilities concerning the child. No 6,133
court, in determining the child's best interest for purposes of 6,134
making its allocation of the parental rights and responsibilities 6,135
for the care of the child or for purposes of resolving any issues 6,136
related to the making of that allocation, shall accept or 6,137
consider a written or recorded statement or affidavit that 6,138
purports to set forth the child's wishes and concerns regarding 6,139
those matters. 6,140
143
(C) Prior to trial, the court may cause an investigation 6,142
to be made as to the character, family relations, past conduct, 6,143
earning ability, and financial worth of each parent and may order 6,144
the parents and their minor children to submit to medical, 6,145
psychological, and psychiatric examinations. The report of the 6,146
investigation and examinations shall be made available to either 6,147
parent or his THE PARENT'S counsel of record not less than five 6,148
days before trial, upon written request. The report shall be 6,150
signed by the investigator, and the investigator shall be subject 6,151
to cross-examination by either parent concerning the contents of 6,152
the report. The court may tax as costs all or any part of the 6,153
expenses for each investigation. 6,154
If the court determines that either parent previously has 6,156
been convicted of or pleaded guilty to any criminal offense 6,157
involving any act that resulted in a child being a neglected 6,158
child, that either parent previously has been determined to be 6,159
the perpetrator of the neglectful act that is the basis of an 6,160
adjudication that a child is a neglected child, or that there is 6,161
reason to believe that either parent has acted in a manner 6,162
resulting in a child being a neglected child, the court shall 6,163
consider that fact against naming that parent the residential 6,164
parent and against granting a shared parenting decree. When the 6,165
court allocates parental rights and responsibilities for the care 6,166
of children or determines whether to grant shared parenting in 6,167
any proceeding, it shall consider whether either parent has been 6,168
convicted of or pleaded guilty to a violation of section 2919.25 6,169
of the Revised Code involving a victim who at the time of the 6,170
commission of the offense was a member of the family or household 6,171
that is the subject of the proceeding, has been convicted of or 6,172
pleaded guilty to any other offense involving a victim who at the 6,173
time of the commission of the offense was a member of the family 6,174
or household that is the subject of the proceeding and caused 6,175
physical harm to the victim in the commission of the offense, or 6,176
has been determined to be the perpetrator of the abusive act that 6,177
144
is the basis of an adjudication that a child is an abused child. 6,178
If the court determines that either parent has been convicted of 6,179
or pleaded guilty to a violation of section 2919.25 of the 6,180
Revised Code involving a victim who at the time of the commission 6,181
of the offense was a member of the family or household that is 6,182
the subject of the proceeding, has been convicted of or pleaded 6,183
guilty to any other offense involving a victim who at the time of 6,184
the commission of the offense was a member of the family or 6,185
household that is the subject of the proceeding and caused 6,186
physical harm to the victim in the commission of the offense, or 6,187
has been determined to be the perpetrator of the abusive act that 6,188
is the basis of an adjudication that a child is an abused child, 6,189
it may designate that parent as the residential parent and may 6,190
issue a shared parenting decree or order only if it determines 6,191
that it is in the best interest of the child to name that parent 6,192
the residential parent or to issue a shared parenting decree or 6,193
order and it makes specific written findings of fact to support 6,194
its determination. 6,195
(D)(1)(a) Upon the filing of a pleading or motion by 6,197
either parent or both parents, in accordance with division (G) of 6,198
this section, requesting shared parenting and the filing of a 6,199
shared parenting plan in accordance with that division, the court 6,200
shall comply with division (D)(1)(a)(i), (ii), or (iii) of this 6,201
section, whichever is applicable: 6,202
(i) If both parents jointly make the request in their 6,204
pleadings or jointly file the motion and also jointly file the 6,205
plan, the court shall review the parents' plan to determine if it 6,206
is in the best interest of the children. If the court determines 6,207
that the plan is in the best interest of the children, the court 6,208
shall approve it. If the court determines that the plan or any 6,209
part of the plan is not in the best interest of the children, the 6,210
court shall require the parents to make appropriate changes to 6,211
the plan to meet the court's objections to it. If changes to the 6,212
plan are made to meet the court's objections, and if the new plan 6,213
145
is in the best interest of the children, the court shall approve 6,214
the plan. If changes to the plan are not made to meet the 6,215
court's objections, or if the parents attempt to make changes to 6,216
the plan to meet the court's objections, but the court determines 6,217
that the new plan or any part of the new plan still is not in the 6,218
best interest of the children, the court may reject the portion 6,219
of the parents' pleadings or deny their motion requesting shared 6,220
parenting of the children and proceed as if the request in the 6,221
pleadings or the motion had not been made. The court shall not 6,222
approve a plan under this division unless it determines that the 6,223
plan is in the best interest of the children. 6,224
(ii) If each parent makes a request in his THE PARENT'S 6,226
pleadings or files a motion and each also files his own A 6,228
separate plan, the court shall review each plan filed to 6,229
determine if either is in the best interest of the children. If 6,230
the court determines that one of the filed plans is in the best 6,231
interest of the children, the court may approve the plan. If the 6,232
court determines that neither filed plan is in the best interest 6,233
of the children, the court may order each parent to submit 6,234
appropriate changes to his own THE PARENT'S plan or both of the 6,235
filed plans to meet the court's objections, or may select one of 6,236
the filed plans and order each parent to submit appropriate 6,237
changes to the selected plan to meet the court's objections. If 6,238
changes to the plan or plans are submitted to meet the court's 6,239
objections, and if any of the filed plans with the changes is in 6,240
the best interest of the children, the court may approve the plan 6,241
with the changes. If changes to the plan or plans are not 6,242
submitted to meet the court's objections, or if the parents 6,243
submit changes to the plan or plans to meet the court's 6,244
objections but the court determines that none of the filed plans 6,245
with the submitted changes is in the best interest of the 6,246
children, the court may reject the portion of the parents' 6,247
pleadings or deny their motions requesting shared parenting of 6,248
the children and proceed as if the requests in the pleadings or 6,249
146
the motions had not been made. If the court approves a plan 6,250
under this division, either as originally filed or with submitted 6,251
changes, or if the court rejects the portion of the parents' 6,252
pleadings or denies their motions requesting shared parenting 6,253
under this division and proceeds as if the requests in the 6,254
pleadings or the motions had not been made, the court shall enter 6,255
in the record of the case findings of fact and conclusions of law 6,256
as to the reasons for the approval or the rejection or denial. 6,257
Division (D)(1)(b) of this section applies in relation to the 6,258
approval or disapproval of a plan under this division.
(iii) If each parent makes a request in his THE PARENT'S 6,260
pleadings or files a motion but only one parent files his own A 6,262
plan, or if only one parent makes a request in his THE PARENT'S 6,264
pleadings or files a motion and also files a plan, the court in 6,266
the best interest of the children may order the other parent to 6,267
file a plan for shared parenting in accordance with division (G) 6,268
of this section. The court shall review each plan filed to 6,269
determine if any plan is in the best interest of the children. 6,270
If the court determines that one of the filed plans is in the 6,271
best interest of the children, the court may approve the plan. 6,272
If the court determines that no filed plan is in the best 6,273
interest of the children, the court may order each parent to 6,274
submit appropriate changes to his own THE PARENT'S plan or both 6,276
of the filed plans to meet the court's objections or may select 6,277
one filed plan and order each parent to submit appropriate
changes to the selected plan to meet the court's objections. If 6,278
changes to the plan or plans are submitted to meet the court's 6,279
objections, and if any of the filed plans with the changes is in 6,280
the best interest of the children, the court may approve the plan 6,281
with the changes. If changes to the plan or plans are not 6,282
submitted to meet the court's objections, or if the parents 6,283
submit changes to the plan or plans to meet the court's 6,284
objections but the court determines that none of the filed plans 6,285
with the submitted changes is in the best interest of the 6,286
147
children, the court may reject the portion of the parents' 6,287
pleadings or deny the parents' motion or reject the portion of 6,288
the parents' pleadings or deny their motions requesting shared 6,289
parenting of the children and proceed as if the request or 6,290
requests or the motion or motions had not been made. If the 6,291
court approves a plan under this division, either as originally 6,292
filed or with submitted changes, or if the court rejects the 6,293
portion of the pleadings or denies the motion or motions 6,294
requesting shared parenting under this division and proceeds as 6,295
if the request or requests or the motion or motions had not been 6,296
made, the court shall enter in the record of the case findings of 6,297
fact and conclusions of law as to the reasons for the approval or 6,298
the rejection or denial. Division (D)(1)(b) of this section 6,299
applies in relation to the approval or disapproval of a plan 6,300
under this division. 6,301
(b) The approval of a plan under division (D)(1)(a)(ii) or 6,303
(iii) of this section is discretionary with the court. The court 6,304
shall not approve more than one plan under either division and 6,305
shall not approve a plan under either division unless it 6,306
determines that the plan is in the best interest of the children. 6,307
If the court, under either division, does not determine that any 6,308
filed plan or any filed plan with submitted changes is in the 6,309
best interest of the children, the court shall not approve any 6,310
plan. 6,311
(c) Whenever possible, the court shall require that a 6,313
shared parenting plan approved under division (D)(1)(a)(i), (ii), 6,314
or (iii) of this section ensure the opportunity for both parents 6,315
to have frequent and continuing contact with the child, unless 6,316
frequent and continuing contact with any parent would not be in 6,317
the best interest of the child. 6,318
(d) If a court approves a shared parenting plan under 6,320
division (D)(1)(a)(i), (ii), or (iii) of this section, the 6,321
approved plan shall be incorporated into a final shared parenting 6,322
decree granting the parents the shared parenting of the children. 6,323
148
Any final shared parenting decree shall be issued at the same 6,324
time as and shall be appended to the final decree of dissolution, 6,325
divorce, annulment, or legal separation arising out of the action 6,326
out of which the question of the allocation of parental rights 6,327
and responsibilities for the care of the children arose. 6,328
No provisional shared parenting decree shall be issued in 6,330
relation to any shared parenting plan approved under division 6,331
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared 6,332
parenting decree issued under this division has immediate effect 6,333
as a final decree on the date of its issuance, subject to 6,334
modification or termination as authorized by this section. 6,335
(2) If the court finds, with respect to any child under 6,337
eighteen years of age, that it is in the best interest of the 6,338
child for neither parent to be designated the residential parent 6,339
and legal custodian of the child, it may commit the child to a 6,340
relative of the child or certify a copy of its findings, together 6,341
with as much of the record and the further information, in 6,342
narrative form or otherwise, that it considers necessary or as 6,343
the juvenile court requests, to the juvenile court for further 6,344
proceedings, and, upon the certification, the juvenile court has 6,345
exclusive jurisdiction. 6,346
(E)(1)(a) The court shall not modify a prior decree 6,348
allocating parental rights and responsibilities for the care of 6,349
children unless it finds, based on facts that have arisen since 6,350
the prior decree or that were unknown to the court at the time of 6,351
the prior decree, that a change has occurred in the circumstances 6,352
of the child, his THE CHILD'S residential parent, or either of 6,353
the parents subject to a shared parenting decree, and that the 6,355
modification is necessary to serve the best interest of the 6,356
child. In applying these standards, the court shall retain the 6,357
residential parent designated by the prior decree or the prior 6,358
shared parenting decree, unless a modification is in the best 6,359
interest of the child and one of the following applies: 6,360
(i) The residential parent agrees to a change in the 6,362
149
residential parent or both parents under a shared parenting 6,363
decree agree to a change in the designation of residential 6,364
parent.
(ii) The child, with the consent of the residential parent 6,366
or of both parents under a shared parenting decree, has been 6,367
integrated into the family of the person seeking to become the 6,368
residential parent. 6,369
(iii) The harm likely to be caused by a change of 6,371
environment is outweighed by the advantages of the change of 6,372
environment to the child. 6,373
(b) One or both of the parents under a prior decree 6,375
allocating parental rights and responsibilities for the care of 6,376
children that is not a shared parenting decree may file a motion 6,377
requesting that the prior decree be modified to give both parents 6,378
shared rights and responsibilities for the care of the children. 6,379
The motion shall include both a request for modification of the 6,380
prior decree and a request for a shared parenting order that 6,381
complies with division (G) of this section. Upon the filing of 6,382
the motion, if the court determines that a modification of the 6,383
prior decree is authorized under division (E)(1)(a) of this 6,384
section, the court may modify the prior decree to grant a shared 6,385
parenting order, provided that the court shall not modify the 6,386
prior decree to grant a shared parenting order unless the court 6,387
complies with divisions (A) and (D)(1) of this section and, in 6,388
accordance with those divisions, approves the submitted shared 6,389
parenting plan and determines that shared parenting would be in 6,390
the best interest of the children. 6,391
(2) In addition to a modification authorized under 6,393
division (E)(1) of this section: 6,394
(a) Both parents under a shared parenting decree jointly 6,396
may modify the terms of the plan for shared parenting approved by 6,397
the court and incorporated by it into the shared parenting 6,398
decree. Modifications under this division may be made at any 6,400
time. The modifications to the plan shall be filed jointly by 6,401
150
both parents with the court, and the court shall include them in 6,402
the plan, unless they are not in the best interest of the 6,403
children. If the modifications are not in the best interests of 6,404
the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed modifications 6,405
or the plan that are in the best interest of the children. 6,406
Modifications jointly submitted by both parents under a shared 6,407
parenting decree shall be effective, either as originally filed 6,408
or as modified by the court, upon their inclusion by the court in 6,410
the plan. Modifications to the plan made by the court shall be 6,411
effective upon their inclusion by the court in the plan.
(b) The court may modify the terms of the plan for shared 6,413
parenting approved by the court and incorporated by it into the 6,414
shared parenting decree upon its own motion at any time if the 6,415
court determines that the modifications are in the best interest 6,416
of the children or upon the request of one or both of the parents 6,418
under the decree. Modifications under this division may be made 6,419
at any time. The court shall not make any modification to the 6,420
plan under this division, unless the modification is in the best 6,421
interest of the children.
(c) The court may terminate a prior final shared parenting 6,423
decree that includes a shared parenting plan approved under 6,424
division (D)(1)(a)(i) of this section upon the request of one or 6,425
both of the parents or whenever it determines that shared 6,426
parenting is not in the best interest of the children. The court 6,427
may terminate a prior final shared parenting decree that includes 6,428
a shared parenting plan approved under division (D)(1)(a)(ii) or 6,429
(iii) of this section if it determines, upon its own motion or 6,430
upon the request of one or both parents, that shared parenting is 6,431
not in the best interest of the children. If modification of the 6,432
terms of the plan for shared parenting approved by the court and 6,433
incorporated by it into the final shared parenting decree is 6,434
attempted under division (E)(2)(a) of this section and the court 6,435
rejects the modifications, it may terminate the final shared 6,436
151
parenting decree if it determines that shared parenting is not in 6,437
the best interest of the children. 6,438
(d) Upon the termination of a prior final shared parenting 6,441
decree under division (E)(2)(c) of this section, the court shall 6,442
proceed and issue a modified decree for the allocation of 6,443
parental rights and responsibilities for the care of the children 6,444
under the standards applicable under divisions (A), (B), and (C) 6,445
of this section as if no decree for shared parenting had been 6,446
granted and as if no request for shared parenting ever had been 6,447
made.
(F)(1) In determining the best interest of a child 6,449
pursuant to this section, whether on an original decree 6,450
allocating parental rights and responsibilities for the care of 6,451
children or a modification of a decree allocating those rights 6,452
and responsibilities, the court shall consider all relevant 6,453
factors, including, but not limited to: 6,454
(a) The wishes of the child's parents regarding his THE 6,456
CHILD'S care; 6,457
(b) If the court has interviewed the child in chambers 6,459
pursuant to division (B) of this section regarding the child's 6,460
wishes and concerns as to the allocation of parental rights and 6,461
responsibilities concerning the child, the wishes and concerns of 6,462
the child, as expressed to the court; 6,463
(c) The child's interaction and interrelationship with his 6,465
THE CHILD'S parents, siblings, and any other person who may 6,466
significantly affect the child's best interest; 6,467
(d) The child's adjustment to his THE CHILD'S home, 6,469
school, and community; 6,470
(e) The mental and physical health of all persons involved 6,472
in the situation; 6,473
(f) The parent more likely to honor and facilitate 6,475
COURT-APPROVED PARENTING TIME RIGHTS OR visitation and 6,477
companionship rights approved by the court;
(g) Whether either parent has failed to make all child 6,479
152
support payments, including all arrearages, that are required of 6,480
that parent pursuant to a child support order under which that 6,481
parent is an obligor; 6,482
(h) Whether either parent previously has been convicted of 6,484
or pleaded guilty to any criminal offense involving any act that 6,485
resulted in a child being an abused child or a neglected child; 6,486
whether either parent, in a case in which a child has been 6,487
adjudicated an abused child or a neglected child, previously has 6,488
been determined to be the perpetrator of the abusive or 6,489
neglectful act that is the basis of an adjudication; whether 6,490
either parent previously has been convicted of or pleaded guilty 6,491
to a violation of section 2919.25 of the Revised Code involving a 6,492
victim who at the time of the commission of the offense was a 6,493
member of the family or household that is the subject of the 6,494
current proceeding; whether either parent previously has been 6,495
convicted of or pleaded guilty to any offense involving a victim 6,496
who at the time of the commission of the offense was a member of 6,497
the family or household that is the subject of the current 6,498
proceeding and caused physical harm to the victim in the 6,499
commission of the offense; and whether there is reason to believe 6,500
that either parent has acted in a manner resulting in a child 6,501
being an abused child or a neglected child; 6,502
(i) Whether the residential parent or one of the parents 6,504
subject to a shared parenting decree has continuously and 6,505
willfully denied the other parent his or her PARENT'S right to 6,506
visitation PARENTING TIME in accordance with an order of the 6,508
court;
(j) Whether either parent has established a residence, or 6,510
is planning to establish a residence, outside this state. 6,511
(2) In determining whether shared parenting is in the best 6,513
interest of the children, the court shall consider all relevant 6,514
factors, including, but not limited to, the factors enumerated in 6,515
division (F)(1) of this section, the factors enumerated in 6,516
division (B)(3) of section 3113.215 3119.23 of the Revised Code, 6,519
153
and all of the following factors: 6,520
(a) The ability of the parents to cooperate and make 6,522
decisions jointly, with respect to the children; 6,523
(b) The ability of each parent to encourage the sharing of 6,525
love, affection, and contact between the child and the other 6,526
parent; 6,527
(c) Any history of, or potential for, child abuse, spouse 6,529
abuse, other domestic violence, or parental kidnapping by either 6,530
parent; 6,531
(d) The geographic proximity of the parents to each other, 6,533
as the proximity relates to the practical considerations of 6,534
shared parenting; 6,535
(e) The recommendation of the guardian ad litem of the 6,537
child, if the child has a guardian ad litem. 6,538
(3) When allocating parental rights and responsibilities 6,540
for the care of children, the court shall not give preference to 6,541
a parent because of that parent's financial status or condition. 6,542
(G) Either parent or both parents of any children may file 6,544
a pleading or motion with the court requesting the court to grant 6,545
both parents shared parental rights and responsibilities for the 6,546
care of the children in a proceeding held pursuant to division 6,547
(A) of this section. If a pleading or motion requesting shared 6,548
parenting is filed, the parent or parents filing the pleading or 6,549
motion also shall file with the court a plan for the exercise of 6,550
shared parenting by both parents. If each parent files a 6,551
pleading or motion requesting shared parenting but only one 6,552
parent files his own A plan or if only one parent files a 6,553
pleading or motion requesting shared parenting and also files a 6,555
plan, the other parent as ordered by the court shall file with 6,556
the court a plan for the exercise of shared parenting by both 6,557
parents. The plan for shared parenting shall be filed with the 6,558
petition for dissolution of marriage, if the question of parental 6,559
rights and responsibilities for the care of the children arises 6,560
out of an action for dissolution of marriage, or, in other cases, 6,561
154
at a time at least thirty days prior to the hearing on the issue 6,562
of the parental rights and responsibilities for the care of the 6,563
children. A plan for shared parenting shall include provisions 6,564
covering all factors that are relevant to the care of the 6,565
children, including, but not limited to, provisions covering 6,566
factors such as physical living arrangements, child support 6,567
obligations, provision for the children's medical and dental 6,568
care, school placement, and the parent with which the children 6,569
will be physically located during legal holidays, school 6,570
holidays, and other days of special importance. 6,571
(H) If an appeal is taken from a decision of a court that 6,573
grants or modifies a decree allocating parental rights and 6,574
responsibilities for the care of children, the court of appeals 6,575
shall give the case calendar priority and handle it 6,576
expeditiously. 6,577
(I) As used in this section, "abused child" has the same 6,579
meaning as in section 2151.031 of the Revised Code, and 6,580
"neglected child" has the same meaning as in section 2151.03 of 6,581
the Revised Code. 6,582
(J) As used in the Revised Code, "shared parenting" means 6,584
that the parents share, in the manner set forth in the plan for 6,585
shared parenting that is approved by the court under division 6,586
(D)(1) and described in division (K)(6) of this section, all or 6,587
some of the aspects of physical and legal care of their children. 6,589
(K) For purposes of the Revised Code: 6,591
(1) A parent who is granted the care, custody, and control 6,593
of a child under an order that was issued pursuant to this 6,594
section prior to April 11, 1991, and that does not provide for 6,595
shared parenting has "custody of the child" and "care, custody, 6,596
and control of the child" under the order, and is the 6,597
"residential parent," the "residential parent and legal 6,598
custodian," or the "custodial parent" of the child under the 6,599
order. 6,600
(2) A parent who primarily is allocated the parental 6,602
155
rights and responsibilities for the care of a child and who is 6,603
designated as the residential parent and legal custodian of the 6,604
child under an order that is issued pursuant to this section on 6,605
or after April 11, 1991, and that does not provide for shared 6,606
parenting has "custody of the child" and "care, custody, and 6,607
control of the child" under the order, and is the "residential 6,608
parent," the "residential parent and legal custodian," or the 6,609
"custodial parent" of the child under the order. 6,610
(3) A parent who is not granted custody of a child under 6,612
an order that was issued pursuant to this section prior to April 6,613
11, 1991, and that does not provide for shared parenting is the 6,614
"parent who is not the residential parent," the "parent who is 6,615
not the residential parent and legal custodian," or the 6,616
"noncustodial parent" of the child under the order. 6,617
(4) A parent who is not primarily allocated the parental 6,619
rights and responsibilities for the care of a child and who is 6,620
not designated as the residential parent and legal custodian of 6,621
the child under an order that is issued pursuant to this section 6,622
on or after April 11, 1991, and that does not provide for shared 6,623
parenting is the "parent who is not the residential parent," the 6,624
"parent who is not the residential parent and legal custodian," 6,625
or the "noncustodial parent" of the child under the order. 6,626
(5) Unless the context clearly requires otherwise, if an 6,628
order is issued by a court pursuant to this section and the order 6,629
provides for shared parenting of a child, both parents have 6,630
"custody of the child" or "care, custody, and control of the 6,631
child" under the order, to the extent and in the manner specified 6,632
in the order. 6,633
(6) Unless the context clearly requires otherwise and 6,635
except as otherwise provided in the order, if an order is issued 6,636
by a court pursuant to this section and the order provides for 6,637
shared parenting of a child, each parent, regardless of where the 6,638
child is physically located or with whom the child is residing at 6,639
a particular point in time, as specified in the order, is the 6,641
156
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child. 6,642
(7) Unless the context clearly requires otherwise and 6,644
except as otherwise provided in the order, a designation in the 6,645
order of a parent as the residential parent for the purpose of 6,646
determining the school the child attends, as the custodial parent 6,647
for purposes of claiming the child as a dependent pursuant to 6,648
section 152(e) of the "Internal Revenue Code of 1986," 100 Stat. 6,649
2085, 26 U.S.C.A. 1, as amended, or as the residential parent for
purposes of receiving public assistance pursuant to division 6,650
(A)(2) of this section, does not affect the designation pursuant 6,651
to division (K)(6) of this section of each parent as the 6,652
"residential parent," the "residential parent and legal 6,653
custodian," or the "custodial parent" of the child.
Sec. 3109.05. (A)(1) In a divorce, dissolution of 6,662
marriage, legal separation, or child support proceeding, the 6,663
court may order either or both parents to support or help support 6,664
their children, without regard to marital misconduct. In 6,665
determining the amount reasonable or necessary for child support, 6,666
including the medical needs of the child, the court shall comply 6,667
with sections 3113.21 to 3113.219 CHAPTER 3119. of the Revised 6,669
Code.
(2) The court, in accordance with sections 3113.21 and 6,671
3113.217 CHAPTER 3119. of the Revised Code, shall include in each 6,673
support order made under this section the requirement that one or 6,674
both of the parents provide for the health care needs of the 6,675
child to the satisfaction of the court, and the court shall 6,676
include in the support order a requirement that all support 6,677
payments be made through the division OFFICE of child support in 6,678
the department of job and family services. 6,679
(3) Each order for child support made or modified under 6,681
this section shall include as part of the order a general 6,683
provision, as described in division (A)(1) of section 3113.21 of 6,684
the Revised Code, requiring the withholding or deduction of 6,685
157
income or assets of the obligor under the order as described in 6,687
division (D) or (H) of section 3113.21 of the Revised Code, or 6,688
another type of appropriate requirement as described in division 6,689
(D)(3), (D)(4), or (H) of that section, to ensure that 6,691
withholding or deduction from the income or assets of the obligor 6,693
is available from the commencement of the support order for 6,694
collection of the support and of any arrearages that occur; a 6,695
statement requiring both parents to notify the child support 6,696
enforcement agency in writing of their current mailing address; 6,697
current residence address, current residence telephone number, 6,698
current driver's license number, and any changes to that 6,699
information, and a notice that the requirement to notify the 6,700
agency of all changes to that information continues until further 6,702
notice from the court. The court shall comply with sections 6,703
3113.21 to 3113.219 CHAPTERS 3119., 3121., 3123., AND 3125. of 6,705
the Revised Code when it makes or modifies an order for child 6,706
support under this section.
(B) The juvenile court has exclusive jurisdiction to enter 6,708
the orders in any case certified to it from another court. 6,709
(C) If any person required to pay child support under an 6,711
order made under division (A) of this section on or after April 6,712
15, 1985, or modified on or after December 1, 1986, is found in 6,713
contempt of court for failure to make support payments under the 6,714
order, the court that makes the finding, in addition to any other 6,715
penalty or remedy imposed, shall assess all court costs arising 6,716
out of the contempt proceeding against the person and require the 6,717
person to pay any reasonable attorney's fees of any adverse 6,718
party, as determined by the court, that arose in relation to the 6,719
act of contempt and, on or after July 1, 1992, shall assess 6,720
interest on any unpaid amount of child support pursuant to 6,721
section 3113.219 3123.17 of the Revised Code. 6,722
(D) The court shall not authorize or permit the escrowing, 6,724
impoundment, or withholding of any child support payment ordered 6,725
under this section or any other section of the Revised Code 6,726
158
because of a denial of or interference with a right of PARENTING 6,728
TIME GRANTED TO A PARENT IN AN ORDER ISSUED UNDER THIS SECTION OR
SECTION 3109.051 OR 3109.12 OF THE REVISED CODE OR companionship 6,729
or visitation granted in an order issued under this section, 6,731
section 3109.051, 3109.11, 3109.12, or any other section of the 6,732
Revised Code, or as a method of enforcing the specific provisions 6,733
of any such order dealing with PARENTING TIME OR visitation.
(E) Notwithstanding section 3109.01 of the Revised Code, 6,735
if a court issues a child support order under this section, the 6,736
order shall remain in effect beyond the child's eighteenth 6,737
birthday as long as the child continuously attends on a full-time 6,738
basis any recognized and accredited high school or the order 6,740
provides that the duty of support of the child continues beyond 6,741
the child's eighteenth birthday. Except in cases in which the 6,743
order provides that the duty of support continues for any period 6,744
after the child reaches age nineteen, the order shall not remain 6,745
in effect after the child reaches age nineteen. Any parent 6,747
ordered to pay support under a child support order issued under
this section shall continue to pay support under the order, 6,748
including during seasonal vacation periods, until the order 6,749
terminates. 6,750
Sec. 3109.051. (A) If a divorce, dissolution, legal 6,759
separation, or annulment proceeding involves a child and if the 6,760
court has not issued a shared parenting decree, the court shall 6,761
consider any mediation report filed pursuant to section 3109.052 6,762
of the Revised Code and, in accordance with division (C) of this 6,763
section, shall make a just and reasonable order or decree 6,764
permitting each parent who is not the residential parent to visit 6,765
HAVE PARENTING TIME WITH the child at the time and under the 6,767
conditions that the court directs, unless the court determines 6,768
that it would not be in the best interest of the child to permit 6,769
that parent to visit HAVE PARENTING TIME WITH the child and 6,771
includes in the journal its findings of fact and conclusions of 6,772
law. Whenever possible, the order or decree permitting the 6,773
159
visitation PARENTING TIME shall ensure the opportunity for both 6,774
parents to have frequent and continuing contact with the child, 6,775
unless frequent and continuing contact by either parent with the 6,776
child would not be in the best interest of the child. The court 6,777
shall include in its final decree a specific schedule of 6,778
visitation PARENTING TIME for that parent. Except as provided in 6,780
division (E)(6) of section 3113.31 of the Revised Code, if the 6,781
court, pursuant to this section, grants any person PARENTING TIME 6,783
TO A PARENT OR companionship or visitation rights TO ANY OTHER 6,784
PERSON with respect to any child, it shall not require the public 6,785
children services agency to provide supervision of or other 6,786
services related to that PARENT'S EXERCISE OF PARENTING TIME OR
THAT person's exercise of companionship or visitation rights with 6,788
respect to the child. This section does not limit the power of a 6,789
juvenile court pursuant to Chapter 2151. of the Revised Code to 6,790
issue orders with respect to children who are alleged to be 6,791
abused, neglected, or dependent children or to make dispositions 6,792
of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to 6,793
section 3113.31 of the Revised Code. 6,794
(B)(1) In a divorce, dissolution of marriage, legal 6,796
separation, annulment, or child support proceeding that involves 6,797
a child, the court may grant reasonable companionship or 6,798
visitation rights to any grandparent, any person related to the 6,799
child by consanguinity or affinity, or any other person other 6,800
than a parent, if all of the following apply: 6,801
(a) The grandparent, relative, or other person files a 6,803
motion with the court seeking companionship or visitation rights. 6,804
(b) The court determines that the grandparent, relative, 6,806
or other person has an interest in the welfare of the child. 6,807
(c) The court determines that the granting of the 6,809
companionship or visitation rights is in the best interest of the 6,810
child. 6,811
(2) A motion may be filed under division (B)(1) of this 6,813
160
section during the pendency of the divorce, dissolution of 6,814
marriage, legal separation, annulment, or child support 6,815
proceeding or, if a motion was not filed at that time or was 6,816
filed at that time and the circumstances in the case have 6,817
changed, at any time after a decree or final order is issued in 6,818
the case. 6,819
(C) When determining whether TO GRANT PARENTING TIME 6,821
RIGHTS TO A PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF 6,822
THE REVISED CODE OR to grant companionship or visitation rights 6,824
to a parent, grandparent, relative, or other person pursuant to 6,825
this section or section 3109.11 or 3109.12 of the Revised Code, 6,826
when establishing a specific PARENTING TIME OR visitation 6,827
schedule, and when determining other PARENTING TIME MATTERS UNDER 6,828
THIS SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,829
matters under this section or section 3109.11 or 3109.12 of the 6,830
Revised Code, the court shall consider any mediation report that 6,831
is filed pursuant to section 3109.052 of the Revised Code and 6,832
shall consider all other relevant factors, including, but not 6,833
limited to, all of the factors listed in division (D) of this 6,834
section. In considering the factors listed in division (D) of 6,835
this section for purposes of determining whether to grant 6,836
PARENTING TIME OR visitation rights, establishing a specific 6,838
PARENTING TIME OR visitation schedule, determining other 6,839
PARENTING TIME MATTERS UNDER THIS SECTION OR SECTION 3109.12 OF 6,840
THE REVISED CODE OR visitation matters under this section or 6,841
under section 3109.11 or 3109.12 of the Revised Code, and 6,842
resolving any issues related to the making of any determination 6,843
with respect to PARENTING TIME OR visitation rights or the 6,845
establishment of any specific PARENTING TIME OR visitation
schedule, the court, in its discretion, may interview in chambers 6,847
any or all involved children regarding their wishes and concerns. 6,848
If the court interviews any child concerning the child's wishes 6,849
and concerns regarding those PARENTING TIME OR visitation 6,850
matters, the interview shall be conducted in chambers, and no 6,852
161
person other than the child, the child's attorney, the judge, any 6,853
necessary court personnel, and, in the judge's discretion, the 6,854
attorney of each parent shall be permitted to be present in the 6,855
chambers during the interview. No person shall obtain or attempt 6,856
to obtain from a child a written or recorded statement or 6,857
affidavit setting forth the wishes and concerns of the child 6,858
regarding those PARENTING TIME OR visitation matters. A court, 6,860
in considering the factors listed in division (D) of this section 6,861
for purposes of determining whether to grant any PARENTING TIME 6,862
OR visitation rights, establishing a PARENTING TIME OR visitation 6,863
schedule, determining other PARENTING TIME MATTERS UNDER THIS 6,864
SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,865
matters under this section or under section 3109.11 or 3109.12 of 6,866
the Revised Code, or resolving any issues related to the making 6,867
of any determination with respect to PARENTING TIME OR visitation 6,869
rights or the establishment of any specific PARENTING TIME OR 6,870
visitation schedule, shall not accept or consider a written or 6,871
recorded statement or affidavit that purports to set forth the 6,872
child's wishes or concerns regarding those PARENTING TIME OR 6,873
visitation matters. 6,874
(D) In determining whether to grant PARENTING TIME TO A 6,876
PARENT PURSUANT TO THIS SECTION OR SECTION 3109.12 OF THE REVISED 6,877
CODE OR companionship or visitation rights to a parent, 6,878
grandparent, relative, or other person pursuant to this section 6,879
or section 3109.11 or 3109.12 of the Revised Code, in 6,880
establishing a specific PARENTING TIME OR visitation schedule, 6,881
and in determining other PARENTING TIME MATTERS UNDER THIS 6,882
SECTION OR SECTION 3109.12 OF THE REVISED CODE OR visitation 6,883
matters under this section or section 3109.11 or 3109.12 of the 6,884
Revised Code, the court shall consider all of the following 6,885
factors:
(1) The prior interaction and interrelationships of the 6,887
child with the child's parents, siblings, and other persons 6,888
related by consanguinity or affinity, and with the person who 6,889
162
requested companionship or visitation if that person is not a 6,890
parent, sibling, or relative of the child; 6,891
(2) The geographical location of the residence of each 6,893
parent and the distance between those residences, and if the 6,894
person who requested companionship or visitation is not a parent, 6,895
the geographical location of that person's residence and the 6,896
distance between that person's residence and the child's 6,897
residence; 6,898
(3) The child's and parents' available time, including, 6,900
but not limited to, each parent's employment schedule, the 6,901
child's school schedule, and the child's and the parents' holiday 6,902
and vacation schedule; 6,903
(4) The age of the child; 6,905
(5) The child's adjustment to home, school, and community; 6,908
(6) If the court has interviewed the child in chambers, 6,910
pursuant to division (C) of this section, regarding the wishes 6,911
and concerns of the child as to visitation PARENTING TIME by the 6,912
parent who is not the residential parent or companionship or 6,914
visitation by the grandparent, relative, or other person who 6,915
requested the companionship or visitation, as to a specific 6,916
PARENTING TIME OR visitation schedule, or as to other PARENTING 6,918
TIME OR visitation matters, the wishes and concerns of the child, 6,920
as expressed to the court;
(7) The health and safety of the child; 6,922
(8) The amount of time that will be available for the 6,924
child to spend with siblings; 6,925
(9) The mental and physical health of all parties; 6,927
(10) Each parent's willingness to reschedule missed 6,929
visitation PARENTING TIME and to facilitate the other parent's 6,930
visitation PARENTING TIME rights, and if the WITH RESPECT TO A 6,932
person who requested companionship or visitation is not a parent, 6,934
the willingness of that person to reschedule missed visitation; 6,935
(11) In relation to visitation by a parent PARENTING TIME, 6,937
whether either parent previously has been convicted of or pleaded 6,939
163
guilty to any criminal offense involving any act that resulted in 6,940
a child being an abused child or a neglected child; whether 6,941
either parent, in a case in which a child has been adjudicated an 6,942
abused child or a neglected child, previously has been determined 6,943
to be the perpetrator of the abusive or neglectful act that is 6,944
the basis of the adjudication; and whether there is reason to 6,945
believe that either parent has acted in a manner resulting in a 6,946
child being an abused child or a neglected child; 6,947
(12) In relation to requested companionship or visitation 6,949
by a person other than a parent, whether the person previously 6,950
has been convicted of or pleaded guilty to any criminal offense 6,951
involving any act that resulted in a child being an abused child 6,952
or a neglected child; whether the person, in a case in which a 6,953
child has been adjudicated an abused child or a neglected child, 6,954
previously has been determined to be the perpetrator of the 6,955
abusive or neglectful act that is the basis of the adjudication; 6,956
whether either parent previously has been convicted of or pleaded 6,957
guilty to a violation of section 2919.25 of the Revised Code 6,958
involving a victim who at the time of the commission of the 6,959
offense was a member of the family or household that is the 6,960
subject of the current proceeding; whether either parent 6,961
previously has been convicted of an offense involving a victim 6,962
who at the time of the commission of the offense was a member of 6,963
the family or household that is the subject of the current 6,964
proceeding and caused physical harm to the victim in the 6,965
commission of the offense; and whether there is reason to believe 6,966
that the person has acted in a manner resulting in a child being 6,967
an abused child or a neglected child; 6,968
(13) Whether the residential parent or one of the parents 6,970
subject to a shared parenting decree has continuously and 6,971
willfully denied the other parent's right to visitation PARENTING 6,973
TIME in accordance with an order of the court; 6,974
(14) Whether either parent has established a residence or 6,976
is planning to establish a residence outside this state; 6,977
164
(15) IN RELATION TO REQUESTED COMPANIONSHIP OR VISITATION 6,980
BY A PERSON OTHER THAN A PARENT, THE WISHES AND CONCERNS OF THE 6,981
CHILD'S PARENTS, AS EXPRESSED BY THEM TO THE COURT; 6,982
(16) Any other factor in the best interest of the child. 6,984
(E) The remarriage of a residential parent of a child does 6,986
not affect the authority of a court under this section to grant 6,987
visitation PARENTING TIME rights with respect to the child to the 6,989
parent who is not the residential parent or to grant reasonable 6,990
companionship or visitation rights with respect to the child to 6,991
any grandparent, any person related by consanguinity or affinity, 6,992
or any other person. 6,993
(F)(1) If the court, pursuant to division (A) of this 6,995
section, denies visitation PARENTING TIME to a parent who is not 6,996
the residential parent or denies a motion for reasonable 6,998
companionship or visitation rights filed under division (B) of 6,999
this section and the parent or movant files a written request for 7,000
findings of fact and conclusions of law, the court shall state in 7,001
writing its findings of fact and conclusions of law in accordance 7,002
with Civil Rule 52. 7,003
(2) On or before July 1, 1991, each court of common pleas, 7,005
by rule, shall adopt standard visitation PARENTING TIME 7,006
guidelines. A court shall have discretion to deviate from its 7,008
standard visitation PARENTING TIME guidelines based upon factors 7,009
set forth in division (D) of this section. 7,011
(G)(1) If the residential parent intends to move to a 7,013
residence other than the residence specified in the visitation 7,014
PARENTING TIME order or decree of the court, the parent shall 7,016
file a notice of intent to relocate with the court that issued 7,017
the order or decree. Except as provided in divisions (G)(2), 7,018
(3), and (4) of this section, the court shall send a copy of the 7,019
notice to the parent who is not the residential parent. Upon 7,020
receipt of the notice, the court, on its own motion or the motion 7,021
of the parent who is not the residential parent, may schedule a 7,022
hearing with notice to both parents to determine whether it is in 7,023
165
the best interest of the child to revise the visitation PARENTING 7,024
TIME schedule for the child. 7,026
(2) When a court grants visitation or companionship 7,028
PARENTING TIME rights to a parent who is not the residential 7,030
parent, the court shall determine whether that parent has been 7,031
convicted of or pleaded guilty to a violation of section 2919.25 7,032
of the Revised Code involving a victim who at the time of the 7,033
commission of the offense was a member of the family or household 7,034
that is the subject of the proceeding, has been convicted of or 7,035
pleaded guilty to any other offense involving a victim who at the 7,036
time of the commission of the offense was a member of the family 7,037
or household that is the subject of the proceeding and caused 7,038
physical harm to the victim in the commission of the offense, or 7,039
has been determined to be the perpetrator of the abusive act that 7,040
is the basis of an adjudication that a child is an abused child. 7,041
If the court determines that that parent has not been so 7,042
convicted and has not been determined to be the perpetrator of an 7,043
abusive act that is the basis of a child abuse adjudication, the 7,044
court shall issue an order stating that a copy of any notice of 7,045
relocation that is filed with the court pursuant to division 7,046
(G)(1) of this section will be sent to the parent who is given 7,047
the visitation or companionship PARENTING TIME rights in 7,048
accordance with division (G)(1) of this section. 7,050
If the court determines that the parent who is granted the 7,052
visitation or companionship PARENTING TIME rights has been 7,053
convicted of or pleaded guilty to a violation of section 2919.25 7,055
of the Revised Code involving a victim who at the time of the 7,056
commission of the offense was a member of the family or household 7,057
that is the subject of the proceeding, has been convicted of or 7,058
pleaded guilty to any other offense involving a victim who at the 7,059
time of the commission of the offense was a member of the family 7,060
or household that is the subject of the proceeding and caused 7,061
physical harm to the victim in the commission of the offense, or 7,062
has been determined to be the perpetrator of the abusive act that 7,063
166
is the basis of an adjudication that a child is an abused child, 7,064
it shall issue an order stating that that parent will not be 7,065
given a copy of any notice of relocation that is filed with the 7,066
court pursuant to division (G)(1) of this section unless the 7,067
court determines that it is in the best interest of the children 7,068
to give that parent a copy of the notice of relocation, issues an 7,069
order stating that that parent will be given a copy of any notice 7,070
of relocation filed pursuant to division (G)(1) of this section, 7,071
and issues specific written findings of fact in support of its 7,072
determination. 7,073
(3) If a court, prior to April 11, 1991, issued an order 7,075
granting visitation or companionship PARENTING TIME rights to a 7,076
parent who is not the residential parent and did not require the 7,078
residential parent in that order to give the parent who is 7,079
granted the visitation or companionship PARENTING TIME rights 7,080
notice of any change of address and if the residential parent 7,082
files a notice of relocation pursuant to division (G)(1) of this 7,083
section, the court shall determine if the parent who is granted 7,084
the visitation or companionship PARENTING TIME rights has been 7,085
convicted of or pleaded guilty to a violation of section 2919.25 7,087
of the Revised Code involving a victim who at the time of the 7,088
commission of the offense was a member of the family or household 7,089
that is the subject of the proceeding, has been convicted of or 7,090
pleaded guilty to any other offense involving a victim who at the 7,091
time of the commission of the offense was a member of the family 7,092
or household that is the subject of the proceeding and caused 7,093
physical harm to the victim in the commission of the offense, or 7,094
has been determined to be the perpetrator of the abusive act that 7,095
is the basis of an adjudication that a child is an abused child. 7,096
If the court determines that the parent who is granted the 7,097
visitation or companionship PARENTING TIME rights has not been so 7,098
convicted and has not been determined to be the perpetrator of an 7,100
abusive act that is the basis of a child abuse adjudication, the 7,101
court shall issue an order stating that a copy of any notice of 7,102
167
relocation that is filed with the court pursuant to division 7,103
(G)(1) of this section will be sent to the parent who is granted 7,104
visitation or companionship PARENTING TIME rights in accordance 7,105
with division (G)(1) of this section. 7,107
If the court determines that the parent who is granted the 7,109
visitation or companionship PARENTING TIME rights has been 7,110
convicted of or pleaded guilty to a violation of section 2919.25 7,112
of the Revised Code involving a victim who at the time of the 7,113
commission of the offense was a member of the family or household 7,114
that is the subject of the proceeding, has been convicted of or 7,115
pleaded guilty to any other offense involving a victim who at the 7,116
time of the commission of the offense was a member of the family 7,117
or household that is the subject of the proceeding and caused 7,118
physical harm to the victim in the commission of the offense, or 7,119
has been determined to be the perpetrator of the abusive act that 7,120
is the basis of an adjudication that a child is an abused child, 7,121
it shall issue an order stating that that parent will not be 7,122
given a copy of any notice of relocation that is filed with the 7,123
court pursuant to division (G)(1) of this section unless the 7,124
court determines that it is in the best interest of the children 7,125
to give that parent a copy of the notice of relocation, issues an 7,126
order stating that that parent will be given a copy of any notice 7,127
of relocation filed pursuant to division (G)(1) of this section, 7,128
and issues specific written findings of fact in support of its 7,129
determination. 7,130
(4) If a parent who is granted visitation or companionship 7,132
PARENTING TIME rights pursuant to this section or any other 7,134
section of the Revised Code is authorized by an order issued 7,135
pursuant to this section or any other court order to receive a 7,136
copy of any notice of relocation that is filed pursuant to 7,137
division (G)(1) of this section or pursuant to court order, if 7,138
the residential parent intends to move to a residence other than 7,139
the residence address specified in the visitation or 7,140
companionship PARENTING TIME order, and if the residential parent 7,142
168
does not want the parent who is granted the visitation or 7,143
companionship PARENTING TIME rights to receive a copy of the 7,144
relocation notice because the parent with visitation or 7,145
companionship PARENTING TIME rights has been convicted of or 7,147
pleaded guilty to a violation of section 2919.25 of the Revised 7,148
Code involving a victim who at the time of the commission of the 7,149
offense was a member of the family or household that is the 7,150
subject of the proceeding, has been convicted of or pleaded 7,151
guilty to any other offense involving a victim who at the time of 7,152
the commission of the offense was a member of the family or 7,153
household that is the subject of the proceeding and caused 7,154
physical harm to the victim in the commission of the offense, or 7,155
has been determined to be the perpetrator of the abusive act that 7,156
is the basis of an adjudication that a child is an abused child, 7,157
the residential parent may file a motion with the court 7,158
requesting that the parent who is granted the visitation or 7,159
companionship PARENTING TIME rights not receive a copy of any 7,160
notice of relocation. Upon the filing of the motion, the court 7,162
shall schedule a hearing on the motion and give both parents 7,163
notice of the date, time, and location of the hearing. If the 7,164
court determines that the parent who is granted the visitation or 7,165
companionship PARENTING TIME rights has been so convicted or has 7,166
been determined to be the perpetrator of an abusive act that is 7,168
the basis of a child abuse adjudication, the court shall issue an 7,169
order stating that the parent who is granted the visitation or 7,170
companionship PARENTING TIME rights will not be given a copy of 7,171
any notice of relocation that is filed with the court pursuant to 7,173
division (G)(1) of this section or that the residential parent is 7,174
no longer required to give that parent a copy of any notice of 7,175
relocation unless the court determines that it is in the best 7,176
interest of the children to give that parent a copy of the notice 7,177
of relocation, issues an order stating that that parent will be 7,178
given a copy of any notice of relocation filed pursuant to 7,179
division (G)(1) of this section, and issues specific written 7,180
169
findings of fact in support of its determination. If it does not 7,181
so find, it shall dismiss the motion. 7,182
(H)(1) Subject to division (F)(2) of section 2301.35 7,185
3125.16 and division (F) of section 3319.321 of the Revised Code, 7,186
a parent of a child who is not the residential parent of the 7,187
child is entitled to access, under the same terms and conditions 7,188
under which access is provided to the residential parent, to any 7,189
record that is related to the child and to which the residential 7,190
parent of the child legally is provided access, unless the court 7,191
determines that it would not be in the best interest of the child 7,192
for the parent who is not the residential parent to have access 7,193
to the records under those same terms and conditions. If the 7,194
court determines that the parent of a child who is not the 7,195
residential parent should not have access to records related to 7,196
the child under the same terms and conditions as provided for the 7,197
residential parent, the court shall specify the terms and 7,198
conditions under which the parent who is not the residential 7,199
parent is to have access to those records, shall enter its 7,200
written findings of facts and opinion in the journal, and shall 7,201
issue an order containing the terms and conditions to both the 7,202
residential parent and the parent of the child who is not the 7,203
residential parent. The court shall include in every order 7,204
issued pursuant to this division notice that any keeper of a 7,205
record who knowingly fails to comply with the order or division 7,206
(H) of this section is in contempt of court. 7,207
(2) Subject to division (F)(2) of section 2301.35 3125.16 7,210
and division (F) of section 3319.321 of the Revised Code, 7,212
subsequent to the issuance of an order under division (H)(1) of 7,213
this section, the keeper of any record that is related to a 7,214
particular child and to which the residential parent legally is 7,215
provided access shall permit the parent of the child who is not 7,216
the residential parent to have access to the record under the 7,217
same terms and conditions under which access is provided to the 7,218
residential parent, unless the residential parent has presented 7,219
170
the keeper of the record with a copy of an order issued under 7,220
division (H)(1) of this section that limits the terms and 7,221
conditions under which the parent who is not the residential 7,222
parent is to have access to records pertaining to the child and 7,223
the order pertains to the record in question. If the residential 7,224
parent presents the keeper of the record with a copy of that type 7,225
of order, the keeper of the record shall permit the parent who is 7,226
not the residential parent to have access to the record only in 7,227
accordance with the most recent order that has been issued 7,228
pursuant to division (H)(1) of this section and presented to the 7,229
keeper by the residential parent or the parent who is not the 7,230
residential parent. Any keeper of any record who knowingly fails 7,231
to comply with division (H) of this section or with any order 7,232
issued pursuant to division (H)(1) of this section is in contempt 7,233
of court. 7,234
(3) The prosecuting attorney of any county may file a 7,236
complaint with the court of common pleas of that county 7,237
requesting the court to issue a protective order preventing the 7,238
disclosure pursuant to division (H)(1) or (2) of this section of 7,239
any confidential law enforcement investigatory record. The court 7,240
shall schedule a hearing on the motion and give notice of the 7,241
date, time, and location of the hearing to all parties. 7,242
(I) A court that issues a visitation PARENTING TIME order 7,244
or decree pursuant to this section, OR section 3109.11 or 3109.12 7,246
of the Revised Code, or any other provision of the Revised Code 7,248
shall determine whether the parent granted the right of 7,249
visitation PARENTING TIME is to be permitted access, in 7,251
accordance with section 5104.011 of the Revised Code, to any 7,252
child day-care center that is, or that in the future may be, 7,253
attended by the children with whom the right of visitation 7,254
PARENTING TIME is granted. Unless the court determines that the 7,256
parent who is not the residential parent should not have access 7,257
to the center to the same extent that the residential parent is 7,258
granted access to the center, the parent who is not the
171
residential parent and who is granted visitation or companionship 7,259
PARENTING TIME rights is entitled to access to the center to the 7,261
same extent that the residential parent is granted access to the 7,262
center. If the court determines that the parent who is not the 7,263
residential parent should not have access to the center to the 7,264
same extent that the residential parent is granted such access 7,265
under division (C) of section 5104.011 of the Revised Code, the 7,266
court shall specify the terms and conditions under which the 7,267
parent who is not the residential parent is to have access to the 7,268
center, provided that the access shall not be greater than the 7,269
access that is provided to the residential parent under division 7,270
(C) of section 5104.011 of the Revised Code, the court shall