130th Ohio General Assembly
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S. B. No. 171  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 171


Senators Turner, Tavares 



A BILL
To amend section 3107.07 and to enact section 3109.044 of the Revised Code to permit a victim of rape, sexual battery, or unlawful sexual conduct, or a parent of a minor who was the victim of a felony violation of unlawful sexual conduct to file a complaint to terminate specified parental rights of the defendant with regard to a minor conceived as a result of the offense, to require the court to terminate the parental rights named in the complaint if the court determines that the defendant was convicted of or pleaded guilty to the offense or determines beyond a reasonable doubt that the defendant committed the offense, and to prohibit a court from granting in any subsequent civil action the defendant any of the terminated parental rights.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That section 3107.07 be amended and section 3109.044 of the Revised Code be enacted to read as follows:
Sec. 3107.07.  Consent to adoption is not required of any of the following:
(A) A parent of a minor, when it is alleged in the adoption petition and the court, after proper service of notice and hearing, finds by clear and convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.
(B) The putative father of a minor if either of the following applies:
(1) The putative father fails to register as the minor's putative father with the putative father registry established under section 3107.062 of the Revised Code not later than thirty days after the minor's birth;
(2) The court finds, after proper service of notice and hearing, that any of the following are the case:
(a) The putative father is not the father of the minor;
(b) The putative father has willfully abandoned or failed to care for and support the minor;
(c) The putative father has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or the minor's placement in the home of the petitioner, whichever occurs first.
(C) Except as provided in section 3107.071 of the Revised Code, a parent who has entered into a voluntary permanent custody surrender agreement under division (B) of section 5103.15 of the Revised Code;
(D) A parent whose parental rights have been terminated by order of a juvenile court under Chapter 2151. of the Revised Code;
(E) A parent who is married to the petitioner and supports the adoption;
(F) The father, or putative father, of a minor if the minor is conceived as the result of the commission of rape by the father or putative father and the father or putative father is convicted of or pleads guilty to the commission of that offense. As used in this division, "rape" means a violation of section 2907.02 of the Revised Code or a similar law of another state.
(G) A legal guardian or guardian ad litem of a parent judicially declared incompetent in a separate court proceeding who has failed to respond in writing to a request for consent, for a period of thirty days, or who, after examination of the written reasons for withholding consent, is found by the court to be withholding consent unreasonably;
(H) Any legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent, for a period of thirty days, or who, after examination of the written reasons for withholding consent, is found by the court to be withholding consent unreasonably;
(I) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is found by the court to be by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably difficult to obtain the consent or refusal of the spouse;
(J) Any parent, legal guardian, or other lawful custodian in a foreign country, if the person to be adopted has been released for adoption pursuant to the laws of the country in which the person resides and the release of such person is in a form that satisfies the requirements of the immigration and naturalization service of the United States department of justice for purposes of immigration to the United States pursuant to section 101(b)(1)(F) of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or reenacted.
(K) Except as provided in divisions (G) and (H) of this section, a juvenile court, agency, or person given notice of the petition pursuant to division (A)(1) of section 3107.11 of the Revised Code that fails to file an objection to the petition within fourteen days after proof is filed pursuant to division (B) of that section that the notice was given;
(L) Any guardian, custodian, or other party who has temporary custody of the child;
(M) A parent whose parental rights with regard to adoption have been terminated by court order under section 3109.044 of the Revised Code.
Sec. 3109.044.  (A) As used in this section:
(1) "Court" means a juvenile or other court that has jurisdiction in a case respecting the allocation of parental rights for a minor.
(2) "Minor" means a person under eighteen years of age.
(B) The parent of a minor who was conceived as the result of the commission of an offense in violation of section 2907.02 or 2907.03 of the Revised Code may file a complaint with a court to terminate any of the following parental rights with respect to that minor of a person who has been convicted of or pleaded guilty to the offense or who has been determined pursuant to division (E) of this section to have committed the offense:
(1) Custody;
(2) Parenting time rights and visitation rights;
(3) The necessity, authority, or right to consent to the minor's adoption.
(C) A parent of a minor child who conceives a child as the result of the commission of an offense that is a felony violation of section 2907.04 of the Revised Code may file a complaint with a court to terminate any of the following parental rights with respect to the child born to the minor child of a person who has been convicted of or pleaded guilty to the offense or who has been determined pursuant to division (E) of this section to have committed the offense:
(1) Custody;
(2) Parenting time rights and visitation rights;
(3) The necessity, authority, or right to consent to the adoption of the minor child's child.
(D) A person who is the parent of a minor child who was conceived as a result of the commission of an offense that is a misdemeanor violation of section 2907.04 of the Revised Code may file on or after the parent's eighteenth birthday a complaint with a court to terminate any of the following parental rights with respect to that minor child of a person who has been convicted of or pleaded guilty to the offense or who has been determined pursuant to division (E) of this section to have committed the offense:
(1) Custody;
(2) Parenting time rights or visitation rights;
(3) The necessity, authority, or right to consent to the minor child's adoption.
(E) If a parent of a minor child files a complaint pursuant to division (B) or (D) of this section that alleges that the minor child was conceived as the result of the defendant's violation of section 2907.02 or 2907.03 of the Revised Code or misdemeanor violation of section 2907.04 of the Revised Code, or if a parent of a minor child files a complaint pursuant to division (C) of this section that alleges that the minor child of the parent's minor child was conceived as the result of the defendant's felony violation of section 2907.04 of the Revised Code, the court shall determine if the defendant was convicted of or pleaded guilty to the violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code that resulted in the child's conception.
If the defendant has not been convicted of or pleaded guilty to the violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code that resulted in the child's conception, the court shall hold a hearing to determine if the defendant committed the violation that resulted in the child's conception. The plaintiff shall have the burden to prove beyond a reasonable doubt that the defendant committed the violation.
The court, upon making a determination that the defendant was convicted of, pleaded guilty to, or committed the violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code that resulted in the conception of the minor named in the complaint, shall order the termination of the defendant's parental rights that are named in the complaint and that exist at the time of, or may exist subsequent to, the court order. No court shall grant to the defendant any parental rights that are terminated pursuant to this section.
Section 2.  That existing section 3107.07 of the Revised Code is hereby repealed.
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