To amend sections 3107.03 and 5103.03 of the Revised Code to prohibit an adoptive or foster child from being placed in the private residence of a homosexual, bisexual, or transgender person.

Section 1. That sections 3107.03 and 5103.03 of the Revised Code be amended to read as follows:

Sec. 3107.03.  The (A) Except as provided in division (B) of this section, the following persons individuals may adopt:

(A)(1) A husband and wife together, at least one of whom is an adult;

(B)(2) An unmarried adult;

(C)(3) The unmarried minor parent of the person to be adopted;

(D)(4) A married adult without the other spouse joining as a petitioner if any of the following apply:

(1)(a) The other spouse is a parent of the person to be adopted and supports the adoption;

(2)(b) The petitioner and the other spouse are separated under section 3103.06 or 3105.17 of the Revised Code;

(3)(c) The failure of the other spouse to join in the petition or to support the adoption is found by the court to be by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably difficult to obtain either the support or refusal of the other spouse.

(B) An individual may not adopt if the court in which the petition for adoption is filed determines that any of the following apply:

(1) The individual is a homosexual, bisexual, or transgender individual.

(2) The individual is a step-parent of the child to be adopted and is a homosexual, bisexual, or transgender individual.

(3) The individual resides with an individual who the court determines is a homosexual, bisexual, or transgender individual.

(C) As used in this section:

(1) "Bisexual" means an individual who engages in sexual activity with members of both sexes.

(2) "Homosexual" means an individual who engages in sexual activity with another individual of the same sex.

(3) "Transgender" means an individual who may be classified according to an accepted nosology, such as the diagnostic and statistical manual of mental disorders, as having a gender identity disorder, or characterized by either of the following:

(a) A strong and persistent cross-gender identification;

(b) Persistent discomfort with that individual's sex or sense of inappropriateness in the gender role of that sex.

Sec. 5103.03.  (A) The director of job and family services shall adopt rules as necessary for the adequate and competent management of institutions or associations.

(B)(1) Except for facilities under the control of the department of youth services, places of detention for children established and maintained pursuant to sections 2152.41 to 2152.44 of the Revised Code, and child day-care centers subject to Chapter 5104. of the Revised Code, and as provided in division (C) of this section, the department of job and family services every two years shall pass upon the fitness of every institution and association that receives, or desires to receive and care for children, or places children in private homes.

(2) When the department of job and family services is satisfied as to the care given such children, and that the requirements of the statutes and rules covering the management of such institutions and associations are being complied with, it shall issue to the institution or association a certificate to that effect. A certificate is valid for two years, unless sooner revoked by the department. When determining whether an institution or association meets a particular requirement for certification, the department may consider the institution or association to have met the requirement if the institution or association shows to the department's satisfaction that it has met a comparable requirement to be accredited by a nationally recognized accreditation organization.

(3) The department may issue a temporary certificate valid for less than one year authorizing an institution or association to operate until minimum requirements have been met.

(C) The department shall not issue a certificate under this section to an individual seeking to receive and care for children in the individual's private residence, if the department determines either of the following:

(1) The individual is a homosexual, bisexual, or transgender individual.

(2) The individual resides with an individual who is a homosexual, bisexual, or transgender individual.

(D) The department may revoke a certificate if it finds that the institution or association is in violation of law or rule. No juvenile court shall commit a child to an association or institution that is required to be certified under this section if its certificate has been revoked or, if after revocation, the date of reissue is less than fifteen months prior to the proposed commitment.

(D)(E) Every two years, on a date specified by the department, each institution or association desiring certification or recertification shall submit to the department a report showing its condition, management, competency to care adequately for the children who have been or may be committed to it or to whom it provides care or services, the system of visitation it employs for children placed in private homes, and other information the department requires.

(E)(F) The department shall, not less than once each year, send a list of certified institutions and associations to each juvenile court and certified association or institution.

(F)(G) No person shall receive children or receive or solicit money on behalf of such an institution or association not so certified or whose certificate has been revoked.

(G)(H) The director may delegate by rule any duties imposed on it by this section to inspect and approve family foster homes and specialized foster homes to public children services agencies, private child placing agencies, or private noncustodial agencies.

(H)(I) If the director of job and family services determines that an institution or association that cares for children is operating without a certificate, the director may petition the court of common pleas in the county in which the institution or association is located for an order enjoining its operation. The court shall grant injunctive relief upon a showing that the institution or association is operating without a certificate.

(I)(J) If both of the following are the case, the director of job and family services may petition the court of common pleas of any county in which an institution or association that holds a certificate under this section operates for an order, and the court may issue an order, preventing the institution or association from receiving additional children into its care or an order removing children from its care:

(1) The department has evidence that the life, health, or safety of one or more children in the care of the institution or association is at imminent risk.

(2) The department has issued a proposed adjudication order pursuant to Chapter 119. of the Revised Code to deny renewal of or revoke the certificate of the institution or association.

(K) As used in this section:

(1) "Bisexual" means an individual who engages in sexual activity with members of both sexes.

(2) "Homosexual" means an individual who engages in sexual activity with another individual of the same sex.

(3) "Transgender" means an individual who may be classified according to an accepted nosology, such as the diagnostic and statistical manual of mental disorders, as having a gender identity disorder, or characterized by either of the following:

(a) A strong and persistent cross-gender identification;

(b) Persistent discomfort with that individual's sex or sense of inappropriateness in the gender role of that sex.

Section 2. That existing sections 3107.03 and 5103.03 of the Revised Code are hereby repealed.

Section 3. The title of this act shall be "The Adoptive and Foster Children's Protection Act."

Section 4.  Section 5103.03 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 117 of the 125th General Assembly and Sub. S.B. 179 of the 123rd General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.