from the webpage:
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 224 KB) publication.
Circumstances That Constitute Witnessing
Citation: Rev. Code § 2929.01(LL)
In criminal law: An offense is ''committed in the vicinity of a child'' if the offender commits the offense within 30 feet of or within the same residential unit as a child who is under age 18, regardless of whether the offender knows the age of the child or that the offense is being committed within 30 feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense.
Consequences
Citation: Rev. Code §§ 2929.12; 2929.17
If the offense of domestic violence or assault involves a person who was a family or household member at the time of the violation, and the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children:
* The sentencing court shall consider the offender's conduct to be more serious than conduct normally constituting the offense.
* The offender shall also be required to obtain counseling.
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Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Ohio Rev. Code § 2151.421(A)(4)(b)-(d) (LexisNexis through 7/19/07)
A cleric is not required to make a report concerning any communication the cleric receives from a penitent in a cleric-penitent relationship, if, in accordance with § 2317.02(C), the cleric could not testify with respect to that communication in a civil or criminal proceeding.
The penitent in a cleric-penitent relationship is deemed to have waived any testimonial privilege under § 2317.02(C) with respect to any communication the cleric receives from the penitent in that cleric-penitent relationship, and the cleric shall make a report with respect to that communication, if all of the following apply:
* The penitent, at the time of the communication, is either a child under age 18 or a mentally retarded, developmentally disabled, or physically impaired person under age 21.
* The cleric knows, or has reasonable cause to believe based on facts that would cause a reasonable person in a similar position to believe, as a result of the communication or any observations made during that communication, the penitent has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the penitent.
* The abuse or neglect does not arise out of the penitent's attempt to have an abortion performed upon a child under age 18 or upon a mentally retarded, developmentally disabled, or physically impaired person under age 21 without the notification of her parents, guardian, or custodian.
The above sections do not apply in a cleric-penitent relationship when the disclosure of any communication the cleric receives from the penitent is in violation of the sacred trust.
Citation: Ohio Rev. Code § 2151.421(A)(4)(a) (LexisNexis through 7/19/07)
No cleric and no person, other than a volunteer, designated by and acting on behalf of any church, religious society, or faith...who knows or has reasonable cause to believe...that a child under age 18 or a mentally retarded, developmentally disabled, or physically impaired child under age 21 has suffered or faces a threat of suffering...abuse or neglect [that he or she] knows, or has reasonable cause to believe... that another cleric or another person, other than a volunteer, designated by and acting on behalf of a church, religious society, or faith...caused, or poses the threat of causing,... shall fail to immediately report that knowledge or reasonable cause to believe to the entity or persons specified in this division. Except as provided in § 5120.173, the person making the report shall make it to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in § 5120,173, the person making the report shall make it to the entity specified in that section.
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Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
Ohio Rev. Code Ann, § 2151.428(F) (LexisNexis through 12-18-07)
Except as provided by statute or in an interagency agreement entered into under § 2151.428 that applies to the particular report, the public children services agency shall investigate, within 24 hours, each report of known or suspected child abuse or child neglect and of a known or suspected threat of child abuse or child neglect that is referred to it to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect; the cause of the injuries, abuse, neglect, or threat; and the person or persons responsible. The investigation shall be made in cooperation with the law enforcement agency and in accordance with the memorandum of understanding prepared under § 2151.428(J). A representative of the public children services agency shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person. The information shall be given in a manner that is consistent with § 2151.428(H)(1) and protects the rights of the person making the report.
The public children services agency shall report each case to a central registry that the Department of Job and Family Services shall maintain in order to determine whether prior reports have been made in other counties concerning the child or other principals in the case. The public children services agency shall submit a report of its investigation, in writing, to the law enforcement agency.
The public children services agency shall make any recommendations to the county prosecuting attorney or city director of law that it considers necessary to protect any children that are brought to its attention.
Ohio Rev. Code Ann. § 2151.421(D) (LexisNexis through 12-18-07)
When a municipal or county peace officer receives a report concerning the possible abuse or neglect of a child or the possible threat of abuse or neglect of a child, upon receipt of the report, the municipal or county peace officer who receives the report shall refer the report to the appropriate public children services agency.
When a public children services agency receives a report pursuant to this division or division (A) or (B) of this section, upon receipt of the report, the public children services agency shall do both of the following:
* It shall comply with § 2151.422 [concerning procedures to follow if the child is living in a domestic violence or homeless shelter].
* If the county served by the agency is also served by a children's advocacy center and the report alleges sexual abuse of a child or another type of abuse of a child that is specified in the memorandum of understanding that creates the center as being within the center's jurisdiction, the agency shall comply with the protocol and procedures for referrals and investigations, with the coordinating activities, and with the authority or responsibility for performing or providing functions, activities, and services stipulated in the interagency agreement entered into under § 2151.428 relative to that center.
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Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 665 KB) publication.
Physical Abuse
Citation: Rev. Stat. §§ 2151.031; 2919.22
Abused child includes any child who:
* Is endangered as defined § 2919.22
* Exhibits evidence of any physical or mental injury or death, inflicted by other than accidental means, that is at variance with the history given of it
* Suffers physical or mental injury that harms or threatens to harm the child's health or welfare because of the acts of his or her parent, guardian, or custodian
* Is subjected to out-of-home-care child abuse
Endangering children includes any of the following acts committed against a child under age 18 or a mentally or physically handicapped child under age 21:
* Abuse, torture, or cruel abuse
* Corporal punishment, other physical disciplinary measure, or physical restraint in a cruel manner or for a prolonged period that creates a substantial risk of serious physical harm to the child
* Repeated and unwarranted disciplinary measures that, if continued, create a substantial risk of serious impairment of the child's mental health or development
* Allowing the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of, the illegal manufacture of drugs, cultivation of marijuana, or possession of chemicals for the illegal manufacture, when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation
Neglect
Citation: Rev. Stat. § 2151.03(A)
Neglected child includes any child:
* Who lacks proper parental care because of the faults or habits of the child's parents, guardian, or custodian
* Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child's health, morals, or well-being
* Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child's mental condition
* Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of statutes regarding the placement and adoption of children
* Who, because of the omission of the child's parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child's health or welfare
* Who is subjected to child neglect in out-of-home care
Sexual Abuse/Exploitation
Citation: Rev. Stat. §§ 2151.031; 2907.01; 2919.22
The term abused child includes a child who is the victim of sexual activity when such activity would constitute an offense, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child. Sexual activity means sexual conduct or sexual contact or both.
Sexual conduct means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body of any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
Sexual contact means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttocks, pubic region, and if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
A person commits the crime of endangering children when the person does any of the following to a child: Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, sexually oriented, or nudity-oriented matter.
Emotional Abuse
Citation: Rev. Stat. § 2151.011
Mental injury means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in § 2919.22 and is committed by a parent or other person who is responsible for the child's care.
Abandonment
Citation: Rev. Stat. §§ 2151.03(A); 2151.011
The term neglected child includes a child who is abandoned by his or her parents, guardian, or custodian.
A child shall be presumed abandoned when his or her parents have failed to visit or maintain contact with him or her for more than 90 days, regardless of whether the parents resume contact with the child after that period of 90 days.
Standards for Reporting
Citation: Rev. Stat. § 2151.421
A report is required when a person knows or has reasonable cause to suspect that a child has suffered or faces a threat of suffering abuse or neglect.
Persons Responsible for the Child
Citation: Rev. Stat. §§ 2151.03(A); 2151.011
Responsible persons include:
* The child's parents, guardian, or custodian
* Other persons responsible for the child's care
Exceptions
Citation: Rev. Stat. §§ 2151.03(B); 2151.031; 2919.22
Nothing in this chapter shall be construed as subjecting a parent to criminal liability when, solely in the practice of religious beliefs, the parent fails to provide adequate medical or surgical care or treatment for the child. This section:
* Does not abrogate or limit any person's responsibility to report child abuse or neglect that is known or reasonably suspected or believed to have occurred, and to report children who are known to face or are reasonably suspected or believed to be facing a threat of suffering abuse or neglect
* Does not preclude any exercise of the authority of the State, any political subdivision, or any court to ensure that medical or surgical care or treatment is provided to a child when the child's health requires it
A child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent is not an abused child if the measure is not prohibited under § 2919.22 [that prohibits cruel or excessive means of discipline].
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Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Rev. Stat. § 3113.31
''Domestic violence'' means the occurrence of one or more of the following acts against a family or household member:
* Attempting to cause or recklessly causing bodily injury
* Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of § 2903.211 (menacing by stalking) or 2911.211 (aggravated trespass)
* Committing any act with respect to a child that would result in the child being an abused child, as defined in § 2151.031
* Committing a sexually oriented offense, as defined in § 2950.01
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation:
This issue is not addressed in the statutes reviewed.
Persons Included in the Definition
Citation: Rev. Stat. § 3113.31
''Family or household member'' means any of the following:
* Any of the following who is residing with or has resided with the respondent:
o A spouse, a person living as a spouse, or a former spouse of the respondent
o A parent or a child of the respondent, or another person related by consanguinity or affinity to the respondent
o A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent
* The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent
''Person living as a spouse'' means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within 5 years prior to the date of the alleged occurrence of the act in question.
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Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Rev. Code § 2151.421
Except as provided below, a report made under this section is confidential. The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use and shall not be used as evidence in any civil action or proceeding brought against the person who made the report.
Persons or Entities Allowed Access to Records
Rev. Code §§ 2151.421; 2151.423
In a criminal proceeding, the report is admissible as evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.
If the child who is the subject of the report dies for any reason at any time after the report is made, but before the child attains 18 years of age, the public children services agency or municipal or county peace officer to which the report was made or referred, on the request of the child fatality review board, shall submit a summary of the report to the review board of the county in which the deceased child resided at the time of death. On the request of the review board, the agency or peace officer may, at its discretion, make the report available to the review board.
A mandated reporter may make a reasonable number of requests of the public children services agency that receives or is referred the report, or of the children's advocacy center that is referred the report if the report is referred to a children's advocacy center, to be provided with the following information:
* Whether the agency or center has initiated an investigation of the report
* Whether the agency or center is continuing to investigate the report
* Whether the agency or center is otherwise involved with the child who is the subject of the report
* The general status of the health and safety of the child who is the subject of the report
* Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court
A public children services agency shall disclose confidential information discovered during an investigation of child abuse or neglect to any Federal, State, or local government entity that needs the information to carry out its responsibilities to protect children from abuse or neglect.
When Public Disclosure of Records is Allowed
This issue is not addressed in the statutes reviewed.
Use of Records for Employment Screening
This issue is not addressed in the statutes reviewed.
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Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation:
This issue is not addressed in the statutes reviewed.
Purpose
Citation:
This issue is not addressed in the statutes reviewed.
Contents
Citation:
This issue is not addressed in the statutes reviewed.
Maintenance
Citation:
This issue is not addressed in the statutes reviewed.
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Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Ohio Rev. Code Ann. § 2151.421(G)(1)(a) & (2)(b) (LexisNexis through 9-1-08)
Statute:
Except as provided in the law regarding false reports, anyone or any hospital, institution, school, health department, or agency participating in the making of reports under § 2151.421(A); anyone or any hospital, institution, school, health department, or agency participating in good faith in making reports under § 2151.421(B); and anyone participating in good faith in a judicial proceeding resulting from the reports shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of making the reports or the participating in the judicial proceeding.
In any civil or criminal action or proceeding in which it is alleged and proved that participation in making a report under this section was not in good faith, or that participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney's fees and costs, and if a civil action or proceeding is voluntarily dismissed, the court may award reasonable attorney's fees and costs to the party against whom the civil action or proceeding is brought.
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Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Rev. Stat. § 2151.421
A mandated reporter who knows or has reasonable cause to suspect that a child has suffered or faces a threat of suffering abuse or neglect shall immediately make a report to the county public children services agency (PCSA) or a peace officer in the county in which the child resides or the abuse or neglect occurred.
The report shall be made either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer.
Content of Reports
Citation: Rev. Stat. § 2151.421
The written report shall contain:
* The names and addresses of the child and the child's parents or persons having custody
* The child's age
* The nature and extent of any injuries, abuse, or neglect, including any evidence of prior injuries, abuse, or neglect
* Any other information that might be helpful in establishing the cause of the injury, abuse, or neglect that is known or reasonably suspected or believed to have occurred or of the threat of injury, abuse, or neglect that is known or reasonably suspected or believed to exist
Special Reporting Procedures
Suspicious Deaths
Citation: Rev. Stat. § 2151.421(H)(4)
If a report has been made, and if for any reason the child dies before reaching age 18, the PCSA or peace officer to which the report was made or referred shall, upon request of the Child Fatality Review Board, submit a summary of the report to the Child Fatality Review Board.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Rev. Stat. § 2151.421(F)(1); Admin. Code § 5101:2-34-32
The PCSA shall investigate, within 24 hours, each report of child abuse or child neglect or threat of abuse or neglect that is known or reasonably suspected or believed to have occurred. The investigation shall be made in cooperation with the law enforcement agency. The PCSA shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person.
In regulation: Upon receipt of a report, the PCSA shall determine the immediacy of need for agency response based on information from the referent or reporter and child protective services records for the family, and collateral sources.
The PCSA shall consider the report an emergency when there is an imminent threat to the child's safety or there is insufficient information to determine whether or not the child is safe at the time of the report. For emergency reports, the PCSA shall attempt a face-to-face contact with the alleged child victim within 1 hour of the receipt of the report. For all other reports, contact must be made within 24 hours with a principal or collateral source to ensure that the child is safe, and attempt face-to-face contact with the alleged child victim within 3 calendar days.
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Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Rev. Code § 2151.421
Mandatory reporters include:
* Attorneys
* Physicians, interns, residents, dentists, podiatrists, nurses, or other health care professionals
* Licensed psychologists, school psychologists, independent marriage and family therapists, or marriage and family therapists
* Speech pathologists or audiologists
* Coroners
* Administrators or employees of child daycare centers, administrators or employees of residential camps or child day camps, or administrators or employees of certified child care agencies or other public or private children services agencies
* School teachers, school employees, or school authorities
* Persons engaged in social work or the practice of professional counseling
* Agents of county humane societies
* Persons, other than clerics, rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion
* Superintendents, board members, or employees of county boards of mental retardation; investigative agents contracted with by a county board of mental retardation; employees of the Department of Mental Retardation and Developmental Disabilities; employees of a facility or home that provides respite care; employees of a home health agency; employees of an entity that provides homemaker services
* Persons performing the duties of an assessor or third party employed by a public children services agency to assist in providing child or family related services
Reporting by Other Persons
Citation: Rev. Code § 2151.421
Any other person who suspects that a child has suffered or faces a threat of suffering from abuse or neglect may report.
Standards for Making a Report
Citation: Rev. Code § 2151.421
A report is required when a mandated person is acting in an official or professional capacity and knows or suspects that a child has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child.
Privileged Communications
Citation: Rev. Code § 2151.421
* The attorney-client or physician-patient privilege is waived if the client or patient is a child who is suffering or faces the threat of suffering any physical or mental injury.
* The physician-patient privilege shall not be a ground for excluding evidence regarding a child's injuries, abuse, or neglect, or the cause of the injuries, abuse, or neglect in any judicial proceeding resulting from a report.
* A cleric is not required to make a report concerning any communication the cleric receives from a penitent in a cleric-penitent relationship, if, in accordance with § 2317.02(C), the cleric could not testify with respect to that communication in a civil or criminal proceeding.
Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.
Disclosure of Reporter Identity
Citation: Rev. Code § 2151.421
The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use, and shall not be used, as evidence in any civil action or proceeding brought against the person who made the report.
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Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Ohio Rev. Code Ann. § 2919.22(B)(6), (E)(3) (LexisNexis through 4-1-09)
Statute Text:
No person shall...allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of, of any act in violation of § 2925.04 [prohibiting the cultivation of marihuana or the manufacture of a controlled substance] or § 2925.041 [prohibiting the possession of any of the chemicals used in the manufacture of a controlled substance] when the person knows that the act is occurring, whether or not any person is prosecuted or convicted of the violation that is the basis of the violation of this section.
If the drug involved [in an offense described above] is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:
* If the violation is third degree felony, there shall be a mandatory prison term that is not less than 2 years.
* If the offender previously has been convicted of or pleaded guilty to a third degree felony, there shall be a mandatory prison term that is not less than 5 years.
* If the violation is a second degree felony, there shall be a mandatory prison term that is not less than 3 years.
* If the offender previously has been convicted of or pleaded guilty to a second degree felony, there shall be a mandatory prison term that is not less than 5 years.
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Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 248 KB) publication.
Failure to Report
Rev. Code § 2151.99
Any person who fails to report suspected child abuse or neglect, as required by § 2151.421, is guilty of a misdemeanor of the fourth degree.
Any person, required to report by § 2151.421(A)(4) [requiring reports by clergy], who fails to report when knowing that a child has been abused or neglected and knowing that the person who committed the abuse or neglect was a cleric or another person other than a volunteer, designated by a church, religious society, or faith to act as a leader, official, or delegate on behalf of the church, religious society, or faith, is guilty of a misdemeanor of the first degree if the person who has failed to report and the person who committed the abuse or neglect belong to the same church, religious society, or faith.
The person who fails to report is guilty of a misdemeanor of the first degree if the child suffers or faces the threat of suffering the physical or mental wound, injury, disability, or condition that would be the basis of the required report when the child is under the direct care or supervision of another person over whom the offender has supervisory control.
False Reporting
Rev. Code § 2921.14
No person shall knowingly make or cause another person to make a false report alleging that any person has committed an act or omission that resulted in a child being abused or neglected.
Whoever violates this section is guilty of making or causing a false report of child abuse or child neglect, a misdemeanor of the first degree.
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Representation of Children in Child Abuse and Neglect Proceedings
To better understand this issue and to view it across States, see the Representation of Children in Child Abuse and Neglect Proceedings: Summary of State Laws (PDF - 598 KB) publication.
Making The Appointment
Citation: Rev. Code § 2151.281
The court shall appoint a guardian ad litem (GAL), subject to rules adopted by the Supreme Court, to protect the interests of a child in any proceeding concerning an alleged abused or neglected child.
In any case involving an alleged or adjudicated abused or neglected child or an agreement for the voluntary surrender of temporary or permanent custody of a child that is made in accordance with § 5103.15, the court shall appoint the GAL in each case as soon as possible after the complaint is filed, the request for an extension of the temporary custody agreement is filed with the court, or the request for court approval of the permanent custody agreement is filed. In any case involving an alleged dependent child in which the parent of the child appears to be mentally incompetent or is under age 18, there is a conflict of interest between the child and the child's parents, guardian, or custodian, or the court believes that the parent of the child is not capable of representing the best interests of the child, the court shall appoint a GAL for the child.
The Use of Court-Appointed Special Advocates (CASAs)
Citation: Rev. Code § 2151.281
When the court appoints a GAL, it shall appoint a qualified volunteer or court-appointed special advocate (CASA) whenever one is available and the appointment is appropriate.
Qualifications/Training
Citation: Rev. Code § 2151.281; OH Sup. R. Rule 48
The GAL shall not be the attorney responsible for presenting the evidence alleging that the child is an abused or neglected child and shall not be an employee of any party in the proceeding.
If the GAL is an attorney admitted to the practice of law in this State, the GAL also may serve as counsel to the child.
When a court appoints an attorney to serve as both the GAL and attorney for a child, the attorney shall advocate for the child's best interest and the child's wishes in accord with the Rules of Professional Conduct. Attorneys who are appointed to serve as both GAL and attorney should be aware of Rule 3.7 of the Rules of Professional Conduct and act accordingly.
If the court appoints a person who is not an attorney to be a GAL, the court also may appoint an attorney to serve as counsel for the GAL.
Upon request, the Department of Job and Family Services shall provide for the training of volunteer GALs.
Specific Duties
Citation: Rev. Code § 2151.281
The court shall require the GAL to faithfully discharge his or her duties and, upon his or her failure to faithfully discharge his or her duties, shall discharge the GAL and appoint another GAL.
The GAL shall continue to serve until any of the following occur:
* The complaint is dismissed or the request for an extension of a temporary custody agreement or for court approval of the permanent custody agreement is withdrawn or denied
* All dispositional orders relative to the child have terminated
* The legal custody of the child is granted to a relative or another person
* The child is placed in an adoptive home
* The child reaches age 18 and is not mentally retarded, developmentally disabled, or physically impaired, or the child reaches age 21 and is mentally retarded, developmentally disabled, or physically impaired
* The GAL resigns or is removed by the court and a replacement is appointed by the court
The GAL shall perform whatever functions are necessary to protect the best interests of the child, including, but not limited to:
* Investigating
* Providing mediation
* Monitoring court proceedings
* Monitoring the services provided the child by the public children services agency or private child-placing agency that has temporary or permanent custody of the child
* Filing any motions and other court papers that are in the best interests of the child
The GAL shall be given notice of all hearings, administrative reviews, and other proceedings in the same manner as notice is given to parties to the action.
How the Representative Is Compensated
Citation: Rev. Code § 2151.281
The court may fix the compensation for the service of the GAL, which compensation shall be paid from the treasury of the county, subject to rules adopted by the Supreme Court.
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Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Not addressed in statutes reviewed.
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Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: Rev. Code § 2151.412
* Each public children services agency and private child-placing agency shall prepare and maintain a case plan for any child to whom the agency is providing services and to whom any of the following applies:
o The agency filed a complaint alleging that the child is an abused, neglected, or dependent child.
o The agency has temporary or permanent custody of the child.
o The child is living at home subject to an order for protective supervision.
o The child is in a planned permanent living arrangement.
* The case plan must be filed with the court prior to the child's adjudicatory hearing, but no later than 30 days after the earlier of the dates on which the complaint in the case was filed or the child was first placed into shelter care.
* All parts of the case plan shall be completed by the earlier of 30 days after the adjudicatory hearing or the date of the dispositional hearing for the child.
Who May Participate in the Case Planning Process
Citation: Rev. Code § 2151.412
Any agency that is required to prepare a case plan shall attempt to obtain an agreement among all parties, including, but not limited to, the parents, guardian, or custodian of the child, and the guardian ad litem of the child regarding the content of the case plan.
Contents of a Case Plan
Ohio Admin. Code § 5101:2-39-11
[Note: The specific contents of a case plan are not addressed in statute. The information below is taken from the Ohio Administrative Code.]
For a child who is in his or her own home or an out-of-home care placement, the case plan shall include the following elements:
* Parties involved in the case plan and their individual responsibilities
* Statement of goals and objectives to be achieved and conditions in the home that must be improved to ensure that the child will be safe and will receive proper care
* Anticipated timeframes for attainment of goals and objectives
* Identification of services requested by, or that have been or will be offered or provided to, the child or his or her parent, guardian, or custodian to achieve the goals identified in the plan
* Discussion of the appropriateness of supportive services that will be or have been offered and provided to prevent removal of the child from his parent, guardian, or custodian
* Specification of case management, casework services, and/or, if appropriate, therapeutic counseling
For each child placed in out-of-home care, the case plan shall include, but not be limited to, the following elements:
* Identification of the type of out-of-home care placement
* An explanation of the appropriateness and safety of the placement
* A statement of the reasonable efforts that will be or have been made to make it possible for the child to return to his or her home or a statement that reasonable efforts are not required
* An explanation of the steps to be taken to assure that services are provided to the child and his or her parent, guardian, or custodian to:
o Facilitate the return of the child to his or her parent, guardian, or custodian
o Locate a safe, planned permanent living arrangement for the child
* An explanation of the steps to be taken to assure that services are provided to the child and substitute caregiver to address the needs of the child while the child is placed in the out-of-home care placement
* A schedule for regular and frequent visitation, including an explanation of the reason for any restrictions on location of visits or the need for supervision of visits between the child and his or her parent, guardian, or custodian
* When the case plan goal is adoption or another planned permanent living arrangement, a discussion of the steps being taken to:
o Place a child with an adult relative who has expressed an interest in adopting the child and meets all relevant State child protection standards, a guardian, or an adoptive family
o Find an adoptive family for the child through child-specific recruitment efforts
o Identify a planned permanent living arrangement for the child
o Finalize the adoption or guardianship
* Discussion of why parental rights shall not be terminated pursuant to the requirements contained in rule 5101:2-42-95 of the Administrative Code
* For a child age 16 or older, when appropriate, the programs and services that will assist the child to prepare for transition to independent living
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Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: Ohio Rev. Code Ann. § 2151.412(I) (LexisNexis through 9-18-07)
Statute Text:
A case plan [for a child and family receiving services] may include, as a supplement, a plan for locating a permanent family placement. The supplement shall not be considered part of the case plan.
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Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Rev. Stat. § 2151.417
The court shall hold a review hearing:
* No later than 1 year after the child was first placed in care and every 12 months thereafter
* Within 30 days of a finding that reasonable efforts to return the child home are no longer required
Persons Entitled to Attend Hearings
Citation: Rev. Stat. § 2151.417
The court shall give notice of every hearing to:
* Appropriate agency employees
* The child's parents
* Any person who had guardianship or legal custody of the child
* The guardian ad litem
* The child
Determinations Made at Hearings
Citation: Rev. Stat. § 2151.417
At the court hearing, the court shall determine:
* The appropriateness of any agency actions
* The safety and appropriateness of continuing the child's placement or custody arrangement
* The extent of compliance with the child's case plan
* The extent of progress that has been made toward alleviating or mitigating the causes necessitating the child's placement in foster care
* Whether any changes should be made to the child's permanency plan or placement
* A likely date by which the child may be safely returned home or placed for adoption or legal custody
* If an administrative review has been conducted, whether the conclusions of the review are supported by a preponderance of the evidence, and approve or modify the case plan based upon that evidence
Permanency Options
Citation: Rev. Stat. § 2151.417
Permanency options include:
* Return home
* Adoption
* Legal custody
* Another planned permanent living arrangement
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Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 463 KB) publication.
Requirements for Foster Parents
Citation: Rev. Code Ann. § 2151.86; Admin. Code § 5101:2-42-18
A fingerprint-based criminal records check is required for a prospective foster parent and any person age 18 or older residing in the prospective foster parent's home.
The department shall not issue a certificate authorizing a prospective foster caregiver to operate a foster home if the person or any person age 18 or older who resides with the prospective foster caregiver previously has been convicted of or pleaded guilty to any of the crimes listed in § 109.572(A)(8), unless the person meets rehabilitation standards established in rules adopted under § 2151.86(F). The crimes listed include:
* Murder, manslaughter, and assault
* Kidnapping
* Sexual offenses, including rape, sexual battery, prostitution, and child pornography
* Endangering children
* Domestic violence
* Drug trafficking, illegal manufacture of drugs, and illegal cultivation of marijuana
If any person cannot prove that he or she has resided in Ohio for the past 5 years, an FBI national records check will be requested.
In regulation: Prior to placing the child with the relative or nonrelative substitute caregiver, the agency shall check the child abuse/neglect records for the prospective caregiver and others residing within the home.
Requirements for Adoptive Parents
Citation: Rev. Code Ann. § 2151.86
A fingerprint-based criminal records check is required for a prospective adoptive parent and any person age 18 or older residing in the prospective adoptive parent's home. If any person cannot prove that he or she has resided in Ohio for the past 5 years, an FBI national records check will be requested.
No probate court shall issue a decree of adoption if the person or any person age 18 or older who resides with the prospective adoptive parent previously has been convicted of or pleaded guilty to any of the crimes listed in § 109.572(A)(8), unless the person meets rehabilitation standards established in rules adopted under § 2151.86(F). The crimes listed include:
* Murder, manslaughter, and assault
* Kidnapping
* Sexual offenses, including rape, sexual battery, prostitution, and child pornography
* Endangering children
* Domestic violence
* Drug trafficking, illegal manufacture of drugs, and illegal cultivation of marijuana
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Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: Ohio Rev. Code Ann. § 2151.414(D) (LexisNexis 2008)
Statute Text:
In determining the best interests of a child at a hearing, the court shall consider all relevant factors including, but not limited to, the following:
* The interaction and interrelationship of the child with the child's parents, siblings, relatives, foster caregivers and out-of-home providers, and any other person who may significantly affect the child
* The wishes of the child, as expressed directly by the child or through the child's guardian ad litem, with due regard for the maturity of the child
* The custodial history of the child, including whether the child has been in the temporary custody of one or more public children services agencies or private child placing agencies for 12 or more months of a consecutive 22 month period ending on or after March 18, 1999
* The child's need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody to the agency
* Whether any of the factors in § 2151.414(E)(7)-(11) apply in relation to the parents and child
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Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Rev. Stat. § 2151.414
A court may terminate parental rights if it finds, by clear and convincing evidence, that it is in the best interest of the child and that any of the following apply:
* The parent has abandoned the child.
* The parent is unable to discharge his or her parental duties due to:
o Chronic mental or emotional illness
o Mental retardation or physical disability
o Chemical dependency
* The parent is incarcerated for an offense committed against the child or a sibling of the child.
* The parent is incarcerated and thereby will not be available to care for the child for at least 18 months, or the parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child.
* The parent has committed any abuse against the child or caused or allowed the child to suffer any neglect.
* Reasonable efforts to rehabilitate the parent have failed.
* The parent has been convicted of or pled guilty to:
o Murder, aggravated murder, or voluntary manslaughter of another child of the parent or another child living in the household
o Assault, aggravated assault, or felonious assault of the child, a sibling, or another child living in the household
o Endangering children, rape, sexual battery, corruption of a minor, sexual imposition, or gross sexual imposition, and the victim was the child, a sibling, or another child in the household
o A conspiracy or attempt to commit any of the offenses described above
* The parent has demonstrated a lack of commitment to the child by failing to regularly support, visit, or communicate with the child when able to do so.
* The parent for any reason is unwilling to provide food, clothing, shelter, and other basic necessities for the child or to prevent the child from suffering physical, emotional, or sexual abuse or physical, emotional, or mental neglect.
* The parent has placed the child at substantial risk of harm due to alcohol or drug abuse and has refused treatment.
* Parental rights to another child of the parent have been involuntarily terminated.
Circumstances That Are Exceptions to Termination of Parental Rights
Not addressed in statutes reviewed.
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Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Rev. Stat. § 2151.3516
A child who is younger than 72 hours old may be relinquished.
Who May Relinquish the Infant
Rev. Stat. § 2151.3516
The child's parent may voluntarily deliver the child to safe haven provider when the parent expresses no intent to return for the child.
Who May Receive the Infant
Rev. Stat. § 2151.3516
The following persons, while acting in an official capacity, shall take possession of the child:
* A peace officer on behalf of the law enforcement agency that employs the officer
* A hospital employee on behalf of the hospital that has granted the person privilege to practice at the hospital or that employs the person
* An emergency medical service worker on behalf of the emergency medical service organization that employs the worker or for which the worker provides services
Responsibilities of the Safe Haven Provider
Rev. Stat. § 2151.3517
On taking possession of a child, a law enforcement agency, hospital, or emergency medical service organization shall do all the following:
* Perform any act necessary to protect the child's health or safety
* Notify the public children services agency of the county in which the agency, hospital, or organization is located that the child has been taken into possession
* If possible, make available to the parent who delivered the child forms to gather medical information concerning the child and the child's parents
* If possible, make available to the parent who delivered the child written materials that describe services available to assist parents and newborns
* If the child has suffered a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, attempt to identify and pursue the person who delivered the child
Immunity for the Provider
Rev. Stat. § 2151.3523
A person or governmental entity that takes possession of a child or takes emergency temporary custody of and provides temporary emergency care for a child is immune from any civil liability that might otherwise be incurred or imposed as a result of these actions, unless the person or entity has acted in bad faith or with malicious purpose.
A person or governmental entity that takes possession of a child or takes emergency temporary custody of and provides temporary emergency care for a child is immune from any criminal liability that might otherwise be incurred or imposed as a result of these actions, unless the person or entity has acted in bad faith or with malicious purpose.
The sections above do not create a new cause of action or substantive legal right against a person or governmental entity and do not affect any immunities from civil liability or defenses established by another section of law or available at common law to which a person or governmental entity may be entitled under circumstances not covered by this section.
Protection for Relinquishing Parent
Rev. Stat. §§ 2151.3523; 2151.3424
A parent does not commit a criminal offense and shall not be subject to criminal prosecution for the act of voluntarily delivering a child. A person who delivers or attempts to deliver a child who has suffered any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child is not immune from civil or criminal liability for abuse or neglect.
A parent who voluntarily delivers a child has the absolute right to remain anonymous. A parent who voluntarily delivers a child may leave the place at which the parent delivers the child at any time after the delivery of the child.
A parent who delivers or attempts to deliver a child who has suffered any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child does not have the right to remain anonymous and may be subject to arrest.
Effect on Parental Rights
Rev. Stat. §§ 2151.3522; 2151.3528
A public children services agency or private child-placing agency that receives temporary custody of a deserted child shall prepare case plans, conduct investigations, conduct periodic administrative reviews of case plans, and provide services for the deserted child as if the child were adjudicated a neglected child.
If a child is adjudicated a deserted child and a person indicates to the court that the person is the parent of the child and that the person seeks to be reunited with the child, the court that adjudicated the child shall require the person, at the person's expense, to submit to a DNA test to verify that the person is a parent of the child.
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Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes:
http://codes.ohio.gov/orc
Citations:
* Adoption: Title XXXI, Chapter 3107
* Child Protection: Title XXI, Chapter 2151, §§ 2151.03 through 2151.05; 2151.141; 2151.28; 2151.33; 2151.331; 2151.35; 2151.353; 2151.3515 through 2151.3530; 2151.421
* Child Welfare: Title XXI, Chapter 2151, §§ 2151.3515 through 2151.39; 2151.412 through 2151.42; 2151.424; 2151.55 through 2151.553; 2151.81 through 2151.99
Regulation/Policy
Website for Administrative Code:
http://codes.ohio.gov/oac
Note:
See Chapter 5101:2
Website for Agency Policies:
http://jfs.ohio.gov/ocf/policies.stm
Other Resources
Department of Job and Family Services
* eManuals
http://emanuals.odjfs.state.oh.us/emanuals/GetTocDescendants.do?maxChildrenInLevel= 100&level=2&
See: Children and Families
* Ohio Resource Guide for Relatives Caring for Children
www.odjfs.state.oh.us/forms/file.asp?id=47881 (PDF - 9140 KB)
* Ohio Adoption Guide: A Handbook for Prospective Adoptive Families
www.odjfs.state.oh.us/forms/file.asp?id=50901 (PDF - 12150 KB)
* Adoption Subsidies Guide
www.odjfs.state.oh.us/forms/file.asp?id=53992 (PDF - 3100 KB)
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Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Rev. Code § 5101.85
A kinship caregiver is a person, age 18 or older, related to the child by blood or marriage, who is caring for the child in place of the child’s parents. Relatives can include:
* Grandparents, including great, great-great, and great-great-great-grandparents
* Siblings
* Aunts, uncles, nephews, and nieces, including any relative with a great, great-great, or grand prefix
* First cousins and first cousins once removed
* Stepparents and stepsiblings of the child
* Spouses or former spouses of any of the above
* A legal guardian or legal custodian of the child
Requirements for Placement with Relatives
This issue is not addressed in the statutes reviewed.
Relatives Who May Adopt
Citation: Rev. Code § 5103.161
The agency shall consider giving preference to an adult relative over a nonrelative caregiver when determining an adoptive placement for the child.
Requirements for Adoption by Relatives
Citation: Rev. Code § 5103.161
The adult relative must satisfy all relevant child protection standards. In addition, the agency must determine that the placement is in the best interests of the child.
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Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 391 KB) publication.
What Are Reasonable Efforts
Citation: Rev. Code § 2151.419
Reasonable efforts are relevant services provided by the agency to the family of the child.
When Reasonable Efforts Are Required
Citation: Rev. Code § 2151.419
Reasonable efforts must be made:
* To prevent removal of the child from the home
* To eliminate the continued removal of the child from home
* To make it possible for the child to return safely home
When Reasonable Efforts Are NOT Required
Citation: Rev. Code § 2151.419
The court shall determine that reasonable efforts are not required if any of the following apply:
* The parent has been convicted of murder or voluntary manslaughter of another child in the household.
* The parent has been convicted of assault, endangering children, rape, sexual battery, corruption of a minor, or sexual imposition of the child or another child in the household.
* The parent has been convicted of conspiracy or attempt to commit, or complicity in committing, an offense described above.
* The parent has repeatedly withheld medical treatment or food from the child.
* The parent has placed the child at substantial risk of harm two or more times due to drug or alcohol abuse and has rejected treatment two or more times.
* The parent has abandoned the child.
* The parent's parental rights to another child have been terminated involuntarily.
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Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
These issues are not addressed in statutes reviewed.
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Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.
Who May Access Information
Citation: Rev. Code §§ 3107.66; 3107.47; 3107.49
Nonidentifying information is available to:
* An adoptee who is age 18 or older
* An adoptive parent of a adoptee who is under age 18
* An adoptive family member of a deceased adoptee
* A birth parent of an adoptee who is age 18 or older
* A birth sibling who is age 18 or older
* A birth family member if the birth parent is deceased
Identifying information is accessible to:
* An adoptee who is age 21 or older
* An adoptive parent of an adoptee who is older than age 18 but younger than 21
* The birth parent or adult birth sibling
Access to Nonidentifying Information
Citation: Rev. Code §§ 3107.66; 3107.60
An adoptee, an adoptive parent, or an adoptive family member may submit a written request to the agency or attorney who arranged the adoption or the probate court that finalized the adoption, for information about the adoptee's birth parent or birth sibling contained in the agency's, attorney's, or court's adoption records that is nonidentifying information.
A birth parent, birth sibling, or birth family member may submit a written request for information about the adoptee or adoptive parent that is nonidentifying information.
The term 'nonidentifying information' means one of the following:
* In relation to a birth parent, any information that is not identifying information, including all of the following:
o A birth parent's age at the time the child was adopted
o The medical and genetic history of the birth parents
o The age, sex, and medical and genetic history of an adoptee's birth siblings and extended family members
o A person's heritage and ethnic background, educational level, general physical appearance, religion, occupation, and cause of death
o Any information that may be included in a social and medical history as specified § 3107.09(B)-(C)
* In relation to an adoptive parent, any information that is not identifying information, including all of the following:
o An adoptive parent's age at the time of adoption
o An adoptive sibling's age at the time of adoption
o The heritage, ethnic background, religion, educational level, and occupation of the adoptive parent
o General information known about the well-being of the adoptee before and after the adoption
Mutual Access to Identifying Information
Citation: Rev. Code §§ 3107.47; 3107.49
The adult adoptee or adoptive parent may submit a request to the Department of Health for a copy of the adoptee's adoption file. If there is not an effective denial of release form for either birth parent on file, the department shall release a copy of the file. If there is an effective denial of release form for each birth parent on file, the request will be denied. If there is an effective denial of release form for only one of the birth parents on file, the department will release the file for that birth parent with all identifying information about the other birth parent deleted.
If an adoptee or adoptive parent is denied a copy of the contents of the adoptee's adoption file or receives a copy of the contents with identifying information about one of the birth parents deleted, the Department of Health shall inform the adoptee or adoptive parent that it will notify them if the department later receives an authorization of release form from one or both birth parents.
A birth parent or adult birth sibling may submit a request for assistance in finding an adoptee's name by adoption. The department may release the adoptee's name by adoption if:
* The adoptee's adoption file contains a request from the adoptee that permits release of the information.
* The birth parent's parental rights concerning the adoptee were not involuntarily terminated.
* The request is in writing, with a notarized signature, and includes identification of the birth parent or birth sibling.
Access to Original Birth Certificate
Citation: Rev. Code § 3705.12
The original birth record shall be placed in an adoption file and sealed. The contents of the file shall not be open to inspection, except as follows:
* The department shall make the file's contents available to an adoptee or adoptive parent in accordance with § 3107.47.
* The department shall inspect the file to assist a birth parent or birth sibling in finding the adoptee's name by adoption in accordance with § 3107.49.
* The court that decreed the adoption may order that the contents be made open for inspection or available for copying.
Where the Information Can Be Located
Ohio Adoption Registry, Ohio Department of Health -- Vital Statistics
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Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.
Agency or Person Gathering Information or Preparing Report
Citation: Rev. Code §§ 3107. 09; 3107.031; 3107.014
An assessor shall complete the medical and social history of the birth family and the home study of the prospective adoptive parent. An assessor may be any of the following:
* An individual in the employ of a court, public children services agency, private child-placing agency, or private noncustodial agency
* A professional counselor, social worker, or marriage and family therapist
* A psychologist
* A civil service employee
* A former employee of a public children services agency who, while employed, conducted the duties of an assessor
Contents of Report About Person to be Adopted
Citation: Rev. Code § 3107.12
An assessment of the child shall include all of the following:
* The adjustment of the child to the adoptive placement
* The present and anticipated needs of the child
* The child's medical and social history
* The physical, mental, and developmental condition of the child
* If known, the child's birth family background, including identifying information about the birth or other legal parents
* The reasons for the child's placement for adoption
* The child's attitude toward the proposed adoption, if the child's age makes this feasible
* If the child is an Indian child, whether the placement complies with the Indian Child Welfare Act
* If known, the child's psychological background, including prior abuse of the child and behavioral problems of the child
Contents of Report About Birth Parents
Citation: Rev. Code §§ 3107.12; 3107.09
A social history of the birth parents shall include:
* Age
* Ethnic, racial, religious, marital, and physical characteristics
* Educational, cultural, talent and hobby, and work experience background
A medical history of the birth parents shall identify:
* Major diseases, malformations, allergies, or ear or eye defects
* Major conditions or major health problems that are or may be congenital or familial
* Other social and medical information relative to the birth parents and to the child's other ancestors
Contents of Report About Adoptive Parents
Citation: Rev. Code §§ 3107.031; 3107.032
The home study shall include:
* An assessment of the prospective adoptive parents' suitability to adopt the child
* Other information and documents as per department regulation
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Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.
Who Must Consent to an Adoption
Citation: Rev. Code § 3107.06
A petition to adopt a minor may be granted only if written consent to the adoption has been executed by all of the following:
* The mother of the minor
* The father of the minor, if any of the following apply:
o The minor was conceived or born while the father was married to the mother.
o The minor is his child by adoption.
o Prior to the date the petition was filed, it was determined by a court proceeding that he has a parent and child relationship with the minor.
o He acknowledged paternity of the child.
* The putative father of the minor
* Any person or agency having permanent custody of the minor or authorized by court order to consent
* The juvenile court that has jurisdiction to determine custody of the minor, if the legal guardian or custodian of the minor is not authorized by law or court order to consent to the adoption
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Code § 3107.06
A child who is age 12 or older must consent, unless the court finds that it is in the child's best interest to waive the requirement.
When Parental Consent is not Needed
Citation: Rev. Code § 3107.07
Consent to adoption is not required of any of the following:
* A parent who has failed without justifiable cause to communicate or provide support of the minor for a period of at least 1 year
* The putative father if:
o He has failed to register with the putative father registry within 30 days of the minor's birth.
o The court finds that he is not the father of the minor, has willfully abandoned or failed to care for and support the minor, or has willfully abandoned the mother of the minor during her pregnancy.
* A parent who has entered into a voluntary permanent custody surrender agreement
* A parent whose parental rights have been terminated
* A parent who is married to the petitioner and supports the adoption
* The father of a minor if the minor is conceived as the result of the commission of rape by the father
* A legal guardian or guardian ad litem of an incompetent parent who is found to be withholding consent unreasonably
* Any legal guardian or custodian of the adopted person, other than a parent, who is found to be withholding consent unreasonably
* The spouse of the adopted person, if the failure of the spouse to consent is 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
* Any parent, legal guardian, or other custodian in a foreign country, if the adopted person 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 U.S. Department of Justice
* A juvenile court, agency, or person given notice of the petition that fails to file an objection to the petition within 14 days
* Any guardian, custodian, or other party who has temporary custody of the child
When Consent Can Be Executed
Citation: Rev. Code § 3107.08(A)
The required consent to adoption may be executed at any time after 72 hours after the birth of a minor.
How Consent Must Be Executed
Citation: Rev. Code § 3107.08
The required consent to adoption shall be executed in the following manner:
* If by the person to be adopted, in the presence of the court
* If by an agency, by the executive head or other authorized representative, in the presence of a person authorized to take acknowledgments
* If by any other person, in the presence of the court or in the presence of a person authorized to take acknowledgments
* If by a juvenile court, by appropriate order
A parent shall do all of the following as a condition of a court accepting the parent's consent to the minor's adoption:
* Appear personally before the court
* Sign the form prescribed in § 3107.083(A)(1)(a)
* If the parent is the mother, complete and sign the form prescribed in § 3107.03(A)(1)(c)
The parents of a minor who is less than 6 months old may consent to the minor's adoption without personally appearing before a court if both parents do all of the following:
* Execute a notarized statement of consent to the minor's adoption before the attorney arranging the adoption
* Sign the form prescribed by § 3107.083
The court shall question the parent to determine that the parent understands the adoption process, the ramifications of consenting to the adoption, and that the parent's consent to the adoption is made voluntarily.
If a minor is to be adopted by a stepparent, the parent who is not married to the stepparent may consent to the minor's adoption without appearing personally before a court if the parent executes consent in the presence of a person authorized to take acknowledgments.
If a parent of a minor to be adopted resides in another State, the parent may consent to the minor's adoption without appearing personally before a court if the parent executes consent in the presence of a person authorized to take acknowledgments.
Revocation of Consent
Citation: Rev. Code § 3107.084
A consent to adoption is irrevocable and cannot be withdrawn after the entry of an interlocutory order or after the entry of a final decree of adoption when no interlocutory order has been entered. The consent of a minor is not voidable by reason of the minor's age.
A consent to adoption may be withdrawn prior to the entry of an interlocutory order or prior to the entry of a final decree of adoption when no interlocutory order has been entered if the court finds after hearing that the withdrawal is in the best interest of the person to be adopted and the court by order authorizes the withdrawal of consent. Notice of the hearing shall be given to the petitioner, the person seeking the withdrawal of consent, and the agency placing the minor for adoption.
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Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.
Jurisdiction
Citation: Rev. Code § 3107.01
The probate court has jurisdiction over adoption proceedings.
Venue
Citation: Rev. Code § 3107.04
A petition for adoption shall be filed in the court in the county in which:
* The person to be adopted was born.
* The petitioner or the person to be adopted or parent of the person to be adopted resides at the time of filing the petition.
* The petitioner is stationed in military service.
* The agency having the permanent custody of the person to be adopted is located.
If the court finds in the interest of justice that the case should be heard in another forum, the court may stay the proceedings, dismiss the petition in whole or in part on any conditions that are just, or certify the case to another court.
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State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.
Effect and Recognition of a Foreign Adoption Decree
Citation: Rev. Code § 3107.18(A)
A court decree establishing the relationship of parent and child by adoption, issued pursuant to due process of law by a court of any jurisdiction outside this State, whether within or outside the United States, shall be recognized in this State, and the rights and obligations of the parties as to all matters within the jurisdiction of this State shall be determined as though the decree were issued by a court of this State.
A decree or certificate of adoption that is issued under the laws of a foreign country and that is verified and approved by the U.S. Immigration and Naturalization Service* shall be recognized in this State.
[*As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.]
Readoption After an Intercountry Adoption
Citation: Rev. Code § 3107.18(A)-(B)
Nothing in this section prohibits a court from issuing a final decree of adoption or interlocutory order of adoption for a person the petitioner has adopted pursuant to a decree or certificate of adoption recognized in this State that was issued outside the United States.
If a child born in a foreign country is placed with adoptive parents or an adoptive parent in this State for the purpose of adoption, and if the adoption previously has been finalized in the country of the child's birth, the adoptive parent or parents may bring a petition in the probate court in their county of residence requesting that the court issue a final decree of adoption or an interlocutory order of adoption pursuant to § 3107.14. In a proceeding on the petition, proof of finalization of the adoption outside the United States is prima facie evidence of the consent of the parties who are required to give consent even if the foreign decree or certificate of adoption was issued with respect to only one of two adoptive parents who seek to adopt the child in this State.
Application for a U.S. Birth Certificate
Citation: Rev. Code § 3107.18(C)
At the request of a person who has adopted a person pursuant to a decree or certificate of adoption recognized in this State that was issued outside the United States, the court of the county in which the person making the request resides shall order the Department of Health to issue a foreign birth record for the adopted person under § 3705.12(A)(4).
The court may specify a change of name for the child and, if a physician has recommended a revision of the birth date, a revised birth date. The court shall send to the department with its order a copy of the foreign adoption decree or certificate of adoption and, if the foreign decree or certificate of adoption is not in English, a translation certified as to its accuracy by the translator and provided by the person who requested the order.
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Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.
Birth Parents in Relation to Adopted Person
Citation: Rev. Code § 3107.15
Except with respect to the spouse of the petitioner and relatives of the spouse, the final adoption decree terminates all legal relationships between the adopted person and the adopted person's birth parents or other legal parents and relatives, for all purposes including inheritance.
If a parent of a child dies without the relationship of parent and child having been previously terminated and a spouse of the living parent thereafter adopts the child, the child's rights from or through the deceased parent for all purposes, including inheritance, are not restricted or curtailed by the adoption.
Adoptive Parents in Relation to Adopted Person
Citation: Rev. Code § 3107.15
The adoption decree creates the relationship of parent and child between the petitioner and the adopted person, as if the adopted person were a birth descendant of the petitioner, for all purposes including inheritance. A person who is age 18 or older at the time the person is adopted, and the adopted person's lineal descendants, are not included as recipients of gifts, devises, bequests, or other transfers of property for purposes of inheritance, unless the document or instrument expressly includes the adopted person by name or expressly states that it includes a person who is age 18 or older at the time the person is adopted.
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Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.
What may be included in postadoption contact agreements?
Citation: Rev. Code § 3107.65
Subject to divisions (A) and (B) of this section, an open adoption may provide for the exchange of any information, including identifying information, and have any other terms. No open adoption shall do any of the following:
* Provide for the birth parent to share with the prospective adoptive parent parental control and authority over the child placed for adoption or in any manner limit the adoptive parent's full parental control and authority over the adopted child
* Deny the adoptive parent or child access to forms pertaining to the social or medical histories of the birth parent if the adoptive parent or child is entitled to them under § 3107.17
* Deny the adoptive parent or child access to a copy of the contents of the child's adoption file if the adoptive parent or child is entitled to them under § 3107.47
* Deny the adoptive parent, child, birth parent, birth sibling, or other relative access to nonidentifying information that is accessible pursuant to § 3107.66, or to materials, photographs, or information that is accessible pursuant to § 3107.68
* Provide for the open adoption to be binding or enforceable
Who may be a party to a postadoption contact agreement?
Citation: Rev. Code § 3107.63
A birth parent who voluntarily chooses to have the birth parent's child placed for adoption may request that the agency or attorney arranging the child's adoptive placement provide for the birth parent and prospective adoptive parent to enter into an open adoption with terms acceptable to the birth parent and prospective adoptive parent. Except as provided below, the agency or attorney shall provide for the open adoption if the birth parent and prospective adoptive parent agree to the terms of the open adoption.
An agency or attorney arranging a child's adoptive placement may refuse to provide for the birth parent and prospective adoptive parent to enter into an open adoption. If the agency or attorney refuses, the agency or attorney shall offer to refer the birth parent to another agency or attorney the agency or attorney knows will provide for open adoption
What is the role of the court in postadoption contact agreements?
Citation: Rev. Code § 3107.65
A probate court may not refuse to approve a proposed placement pursuant to § 5103.16(D)(1) to issue a final decree of adoption or interlocutory order of adoption under § 3107.14 on the grounds that the birth parent and prospective adoptive parent have entered into an open adoption unless the court issues a finding that the terms of the open adoption violate the law or are not in the best interests of the child.
A probate court may not issue a final decree of adoption or interlocutory order of adoption that nullifies or alters the terms of an open adoption unless the court issues a finding that the terms violate the division above or are not in the best interests of the child.
Are agreements legally enforceable?
Citation: Rev. Code § 3107.65
An agency or attorney arranging a child’s adoptive placement shall inform the child’s birth parent and prospective adoptive parent that the birth parent and prospective adoptive parent may enter into a nonbinding open adoption in accordance with section 3107.63 of the Revised Code.
An open adoption is not enforceable.
At the request of a person who has withdrawn from an open adoption, the court with jurisdiction over the adoption shall issue an order barring any other person who was a party to the open adoption from taking any action pursuant to the open adoption.
How may an agreement be terminated or modified?
Citation: Rev. Code § 3107.65
All terms of an open adoption are voluntary and any person who has entered into an open adoption may withdraw from the open adoption at any time.
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Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.
Birth Parent Expenses Allowed
Citation: Rev. Code § 3107.055
No petitioner, agency, or attorney shall make or agree to make any disbursements in connection with the minor's permanent surrender, placement, or adoption other than for the following:
* Physician expenses incurred on behalf of the birth mother or minor in connection with prenatal care, delivery, and confinement prior to or following the minor's birth
* Hospital or other medical facility expenses incurred on behalf of the birth mother or minor in connection with the minor's birth
* Expenses charged by the attorney arranging the adoption for providing legal services in connection with the placement and adoption
* Temporary costs of routine maintenance and medical care for a minor if the person seeking to adopt the minor refuses to accept placement of the minor
* Guardian ad litem fees incurred on behalf of the minor in any court proceedings
* Foster care expenses incurred in connection with any temporary care and maintenance of the minor
* Court expenses incurred in connection with the minor's permanent surrender, placement, and adoption
Birth Parent Expenses Not Allowed
Citation: Rev. Code § 3107.055
Any expense not expressly permitted by the statute or any expense that the court finds unreasonable will be disallowed.
Allowable Payments for Arranging Adoption
Citation: Rev. Code § 3107.055
No person, agency, or attorney shall make any disbursements in connection with the surrender, placement, or adoption other than those specified by law.
Allowable Payments for Relinquishing Child
Citation: Rev. Code § 3107.055
No person shall make any disbursements in connection with the surrender of a child other than those specified by law.
Allowable Fees Charged by Department/Agency
Citation: Rev. Code § 3107.055
Expenses charged by the agency arranging the adoption for providing services in connection with the permanent surrender and adoption, including the agency's application fee and the expenses incurred by the agency pursuant to the home study, compiling the social and medical histories of the birth parents, prospective adoptive home visits, and the prefinalization assessment of the minor and petitioner are permitted.
Accounting of Expenses Required by Court
Citation: Rev. Code § 3107.055
The agency or attorney that arranged the minor's adoption shall file with the court a preliminary estimate accounting not later than the time the adoption petition is filed with the court. The agency or attorney that arranged the adoption also shall file a final accounting with the court before a final decree of adoption is issued.
The accounting shall specify all disbursements of anything of value the petitioner, agency, or attorney made and has agreed to make in connection with the minor's permanent surrender and adoption. The agency or attorney shall include with a preliminary estimate accounting and a final accounting a written statement signed by the petitioner that the petitioner has reviewed the accounting and attests to its accuracy.
The agency or attorney shall file the final accounting with the court not later than 10 days prior to the date scheduled for the final hearing on the adoption. The court may not issue a final decree of adoption or finalize an interlocutory order of adoption of a minor until at least 10 days after the agency or attorney files the final accounting.
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Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.
Legal definition of "father"
Rev. Code §§ 3111.01; 3111.03
''Parent and child relationship'' means the legal relationship that exists between a child and the child's parents and upon which the law confers or imposes rights, privileges, duties, and obligations. The ''parent and child relationship'' includes the mother and child relationship and the father and child relationship. The parent and child relationship extends equally to all children and all parents, regardless of the marital status of the parents.
A man is presumed to be the natural father of a child under any of the following circumstances:
* The man and the child's mother are or have been married to each other, and the child is born during the marriage or is born within 300 days after the marriage is terminated.
* The man and the child's mother attempted, before the child's birth, to marry each other, the marriage is or could be declared invalid, and either of the following applies:
o The marriage can only be declared invalid by a court, and the child is born during the marriage or within 300 days after the termination of the marriage.
o The attempted marriage is invalid without a court order, and the child is born within 300 days after the termination of cohabitation.
* An acknowledgment of paternity has been filed pursuant to § 3111.23.
Putative father registry
Rev. Code § 3107.062
The Department of Job and Family Services shall establish a putative father registry. A putative father may register before or not later than 30 days after the birth of the child.
Alternate means to establish paternity
Rev. Code §§ 3111.02; 3111.31
The parent and child relationship between a child and the natural father of the child may be established by an acknowledgment of paternity.
The Department of Job and Family Services shall prepare an acknowledgment of paternity affidavit that includes in boldface type at the top of the affidavit the rights and responsibilities of and the due process safeguards afforded to a person who acknowledges that he is the natural father of a child.
Required Information
Rev. Code §§ 3107.062; 3111.31
To register in the putative father registry, a putative father must complete a registration form and submit it to the department. The registration form shall include:
* The putative father's name
* The address or telephone number at which he wishes to receive notice of a petition to adopt the minor he claims as his child
* The name of the mother of the minor
On receipt of a completed registration form, the department shall indicate on the form the date of receipt and file it in the putative father registry.
The affidavit for acknowledgment of paternity shall include all of the following:
* The full name, Social Security number, date of birth, and address of each parent
* The full name, date of birth, and the residence of the child
* An affirmation by the mother that the information she supplied is true to the best of her knowledge and belief and that she is the natural mother of the child named on the form and assumes the parental duty of support of the child
* An affirmation by the father that the information he supplied is true to the best of his knowledge and belief, that he has received information regarding his legal rights and responsibilities, that he consents to the jurisdiction of the courts of this State, and that he is the natural father of the child named on the form and assumes the parental duty of support of the child
* The signatures of the mother of the child, the natural father, and the notary public
* Any other evidence necessary to complete the new birth record that is required by the department by rule
Revocation of claim to paternity
Rev. Code §§ 3111.27; 3111.28
For an acknowledgment of paternity to be rescinded, both of the following must occur:
* Not later than 60 days after the date of the latest signature on the acknowledgment, one of the persons who signed it must do both of the following:
o Request a determination under § 3111.38 of whether there is a parent and child relationship between the man who signed the acknowledgment and the child who is the subject of it
o Give the office written notice of having complied with division (A)(1)(a) of this section and include in the notice the name of the child support enforcement agency conducting genetic tests to determine whether there is a parent and child relationship
* An order must be issued under § 3111.46 determining whether there is a parent and child relationship between the man and the child.
If the office verifies compliance, and the notice was sent within the time limit required by this section, the office shall note in its records the date the notice was received and that the acknowledgment to which the notice pertains is subject to recission.
After an acknowledgment becomes final, a man presumed to be the father of the child who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. An action pursuant shall be brought no later than 1 year after the acknowledgment becomes final.
Access to information
Rev. Code § 3107.063
The department may provide a certified copy of the man's registration form to:
* The mother
* An agency or attorney arranging a minor's adoption
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Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.
Use of Advertisement
Citation: Rev. Code § 5103.17
Subject to § 5103.16, no person or government entity, other than a private child-placing agency or private noncustodial agency certified by the department, or a public children services agency, shall advertise that the person or government entity will adopt children, place children in foster homes, hold out inducements to parents to part with their offspring, or in any manner knowingly become a party to the separation of a child from the child's parents or guardians, except through a juvenile court or probate court commitment.
Use of Intermediaries/Facilitators
Citation: Rev. Code § 3107.011(A)
A person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. An attorney may not represent with regard to the adoption both the person seeking to adopt and the parent placing a child for adoption.
Any person may informally aid or promote an adoption by making a person seeking to adopt a minor aware of a minor who will be or is available for adoption.
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Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 327 KB) publication.
Who May Adopt
Citation: Rev. Code § 3107.03
The following persons may adopt:
* A husband and wife together, at least one of whom is an adult
* An unmarried adult or a married person singly if legally separated
* The unmarried minor parent of the person to be adopted
* A married adult without his or her spouse joining as a petitioner if any of the following apply:
o The spouse is a parent of the person to be adopted and supports the adoption.
o The petitioner and his or her spouse are separated.
o The failure of the 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 spouse.
Who May Be Adopted
Citation: Rev. Code § 3107.02
The following persons may be adopted:
* Any minor
* An adult if he or she is any of the following:
o Totally and permanently disabled
o Mentally retarded
o A stepchild or foster child of the adoptive parent and the relationship was established while the adopted person was still a minor and the adoptee consents to the adoption
o In the permanent custody of a public children services agency or a private child-placing agency at the time he or she turned 18, and he or she consents
Who May Place a Child for Adoption
Citation: Rev. Code § 3107.011
A person seeking to adopt a minor shall utilize an agency or attorney to arrange the adoption. Only an agency or attorney may arrange an adoption.
Any person may informally aid or promote an adoption by making a person seeking to adopt a minor aware of a minor who will be or is available for adoption.
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