reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.02 | Exception for Veterans.

Effective:
January 1, 1974
Latest Legislation:
Senate Bill 1 - 110th General Assembly
Any person who is eligible for a loan under the Servicemen's Readjustment Act of 1944, any amendments thereto or re-enactment thereof, the Veterans Readjustment Assistance Act of 1952, any amendments thereto or re-enactment thereof, the Act of September 2, 1958, Public Law 85-857, 72 Stat. 1105, any amendments thereto or re-enactment thereof, or the Veterans' Readjustment Benefits Act of 1966, any amendments thereto or re-enactments thereof, whether or not he or his spouse is a minor, may, in his name and without any order of court or the intervention of a guardian or trustee, execute any instruments, take title to real property, borrow money thereon, and do all other acts necessary to secure to him all rights and benefits under said acts, or any regulations thereunder, in as full and ample manner as if he and his spouse had attained the age of eighteen years. No person eligible for such loan, or his spouse, is, by reason only of such minority, incompetent to acquire title to property by contract or to borrow thereon; and no instrument made in connection with acquiring title to real estate or making such loan shall be voidable on the grounds of minority of such person or his spouse.
Any person who has qualified under said acts or any regulations thereunder and has secured a loan and taken title to real property thereunder is capable of disposing of such property by deed or other conveyance, notwithstanding the fact that he or his spouse is a minor, and no such deed or other conveyance shall be voidable on the grounds of minority of such person or his spouse.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.03 | Equality of Parental Rights and Responsibilities.

Effective:
April 11, 1991
Latest Legislation:
Senate Bill 3 - 118th General Assembly
When husband and wife are living separate and apart from each other, or are divorced, and the question as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children is brought before a court of competent jurisdiction, they shall stand upon an equality as to the parental rights and responsibilities for the care of their children and the place of residence and legal custodian of their children, so far as parenthood is involved.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.041 | Custody Decrees Issued Prior to Shared Parenting Provisions.

Effective:
June 30, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
(A) Parties to any custody decree issued pursuant to section 3109.04 of the Revised Code prior to April 11, 1991, may file a motion with the court that issued the decree requesting the issuance of a shared parenting decree in accordance with division (G) of section 3109.04 of the Revised Code. Upon the filing of the motion, the court shall determine whether to grant the parents shared rights and responsibilities for the care of the children in accordance with divisions (A), (D)(1), (E)(1), and (I) of section 3109.04 of the Revised Code.
(B) A custody decree issued pursuant to section 3109.04 of the Revised Code prior to April 11, 1991, that granted joint care, custody, and control of the children to the parents shall not be affected or invalidated by, and shall not be construed as being affected or invalidated by, the provisions of section 3109.04 of the Revised Code relative to the granting of a shared parenting decree or a decree allocating parental rights and responsibilities for the care of children on and after April 11, 1991. The decree issued prior to April 11, 1991 shall remain in full force and effect, subject to modification or termination pursuant to section 3109.04 of the Revised Code as that section exists on and after April 11, 1991.
(C) As used in this section, "joint custody" and "joint care, custody, and control" have the same meaning as "shared parenting."
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.042 | Custody Rights of Unmarried Mother.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
(A) An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.
(B) Notwithstanding division (A) of this section, an unmarried female who has been convicted of or pleaded guilty to rape or sexual battery and has been declared under section 3109.501 of the Revised Code to be the parent of a child born as a result of rape or sexual battery shall not be a residential parent and legal custodian of that child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.043 | Temporary Custody Order While Action Pending.

Effective:
May 17, 2006
Latest Legislation:
House Bill 136 - 126th General Assembly
In any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer, or counterclaim, or by motion served with the pleading, upon satisfactory proof by affidavit duly filed with the clerk of the court, the court, without oral hearing and for good cause shown, may make a temporary order regarding the allocation of parental rights and responsibilities for the care of the child while the action is pending.
If a parent and child relationship has not already been established pursuant to section 3111.02 of the Revised Code, the court may take into consideration when determining whether to award parenting time, visitation rights, or temporary custody to a putative father that the putative father is named on the birth record of the child, the child has the putative father's surname, or a clear pattern of a parent and child relationship between the child and the putative father exists.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.05 | Child Support Determinations.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
(A)(1) In a divorce, dissolution of marriage, legal separation, or child support proceeding, the court may order either or both parents to support or help support their children, without regard to marital misconduct. In determining the amount reasonable or necessary for child support, including the medical needs of the child, the court shall comply with Chapter 3119. of the Revised Code.
(2) The court, in accordance with Chapter 3119. of the Revised Code, shall include in each support order made under this section the requirement that one or both of the parents provide for the health care needs of the child to the satisfaction of the court, and the court shall include in the support order a requirement that all support payments be made through the office of child support in the department of job and family services.
(3) The court shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code when it makes or modifies an order for child support under this section.
(B) The juvenile court has exclusive jurisdiction to enter the orders in any case certified to it from another court.
(C) If any person required to pay child support under an order made under division (A) of this section on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt and, on or after July 1, 1992, shall assess interest on any unpaid amount of child support pursuant to section 3123.17 of the Revised Code.
(D) The court shall not authorize or permit the escrowing, impoundment, or withholding of any child support payment ordered under this section or any other section of the Revised Code because of a denial of or interference with a right of parenting time granted to a parent in an order issued under this section or section 3109.051 or 3109.12 of the Revised Code or companionship or visitation granted in an order issued under this section, section 3109.051, 3109.11, 3109.12, or any other section of the Revised Code, or as a method of enforcing the specific provisions of any such order dealing with parenting time or visitation.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.053 | Parenting Classes or Counseling.

Effective:
October 5, 2000
Latest Legislation:
House Bill 537 - 123rd General Assembly
In any divorce, legal separation, or annulment proceeding and in any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, the court may require, by rule or otherwise, that the parents attend classes on parenting or other related issues or obtain counseling before the court issues an order allocating the parental rights and responsibilities for the care of the minor children of the marriage. If a court in any proceeding requires parents to attend classes on parenting or other related issues or to obtain counseling, the court may require that the parents' children attend the classes or counseling with the parents. If the court orders the parents to attend classes or obtain counseling, the court shall impose the cost of the classes and counseling on, and may allocate the costs between, the parents, except that if the court determines that both parents are indigent, the court shall not impose the cost of the classes or counseling on the parents.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.054 | Parental Decisions Regarding Child's Gender Identity and Gender Transition.

Effective:
April 24, 2024
Latest Legislation:
House Bill 68 - 135th General Assembly
When allocating parental rights and responsibilities or parenting time, no court shall deny or limit a parent's parental rights and responsibilities or parenting time based on the parent's decision to do any of the following:
(A) Refer to and raise the child in a manner consistent with the child's biological sex;
(B) Decline to consent to the child receiving gender transition services as defined in section 3129.01 of the Revised Code;
(C) Decline to consent to the child receiving counseling or other mental health services for the purpose of affirming the child's perception of the child's gender or sex, if the child's perception is inconsistent with the child's biological sex.
Last updated February 6, 2024 at 1:15 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.06 | Certification to Juvenile Court.

Effective:
March 22, 2019
Latest Legislation:
House Bill 595 - 132nd General Assembly
Except as provided in division (K) of section 2301.03 of the Revised Code, any court, other than a juvenile court, that has jurisdiction in any case respecting the allocation of parental rights and responsibilities for the care of a child under eighteen years of age and the designation of the child's place of residence and legal custodian or in any case respecting the support of a child under eighteen years of age, may, on its own motion or on motion of any interested party, certify the record in the case or so much of the record and such further information, in narrative form or otherwise, as the court deems necessary or the juvenile court requests, to the juvenile court for further proceedings; upon the certification, the juvenile court shall have exclusive jurisdiction.
In cases in which the court of common pleas finds the parents unsuitable to have the parental rights and responsibilities for the care of the child or children and unsuitable to provide the place of residence and to be the legal custodian of the child or children, consent of the juvenile court shall not be required to such certification. This section applies to actions pending on August 28, 1951.
In any case in which a court of common pleas, or other court having jurisdiction, has issued an order that allocates parental rights and responsibilities for the care of minor children and designates their place of residence and legal custodian of minor children, has made an order for support of minor children, or has done both, the jurisdiction of the court shall not abate upon the death of the person awarded custody but shall continue for all purposes during the minority of the children. The court, upon its own motion or the motion of either parent or of any interested person acting on behalf of the children, may proceed to make further disposition of the case in the best interests of the children and subject to sections 3109.42 to 3109.48 of the Revised Code. If the children are under eighteen years of age, it may certify them, pursuant to this section, to the juvenile court of any county for further proceedings. After certification to a juvenile court, the jurisdiction of the court of common pleas, or other court, shall cease, except as to any payments of spousal support due for the spouse and support payments due and unpaid for the children at the time of the certification.
Any disposition made pursuant to this section, whether by a juvenile court after a case is certified to it, or by any court upon the death of a person awarded custody of a child, shall be made in accordance with sections 3109.04 and 3109.42 to 3109.48 of the Revised Code. If an appeal is taken from a decision made pursuant to this section that allocates parental rights and responsibilities for the care of a minor child and designates the child's place of residence and legal custodian, the court of appeals shall give the case calendar priority and handle it expeditiously.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.061 | Construction of Sections 2151.233 to 2151.236.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
Nothing in sections 2151.233 to 2151.236 and 2301.03 of the Revised Code shall be construed to prevent a domestic relations court from certifying a case to a juvenile court under division (D)(2) of section 3109.04 of the Revised Code or section 3109.06 of the Revised Code. Consent of the juvenile court shall not be required for the certification.
As used in this section, "domestic relations court" has the same meaning as in section 2151.233 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.07 | Appeals.

Effective:
March 17, 1987
Latest Legislation:
House Bill 412 - 116th General Assembly
An appeal to the court of appeals may be had pursuant to the Rules of Appellate Procedure and, to the extent not in conflict with those rules, Chapter 2505. of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.10 | Liability of Parents for Willful and Malicious Assaults by Their Children.

Effective:
October 29, 1996
Latest Legislation:
House Bill 601 - 121st General Assembly
As used in this section, "parent" has the same meaning as in section 3109.09 of the Revised Code.
Any person is entitled to maintain an action to recover compensatory damages in a civil action, in an amount not to exceed ten thousand dollars and costs of suit in a court of competent jurisdiction, from the parent of a child under the age of eighteen if the child willfully and maliciously assaults the person by a means or force likely to produce great bodily harm. A finding of willful and malicious assault by a means or force likely to produce great bodily harm is not dependent upon a prior finding that the child is a delinquent child.
Any action brought pursuant to this section shall be commenced and heard as in other civil actions for damages.
The monetary limitation upon compensatory damages set forth in this section does not apply to a civil action brought pursuant to section 2307.70 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.11 | Companionship or Visitation Rights for Parents or Other Relatives of Deceased Mother or Father.

Effective:
March 22, 2001
Latest Legislation:
Senate Bill 180 - 123rd General Assembly
If either the father or mother of an unmarried minor child is deceased, the court of common pleas of the county in which the minor child resides may grant the parents and other relatives of the deceased father or mother reasonable companionship or visitation rights with respect to the minor child during the child's minority if the parent or other relative files a complaint requesting reasonable companionship or visitation rights and if the court determines that the granting of the companionship or visitation rights is in the best interest of the minor child. In determining whether to grant any person reasonable companionship or visitation rights with respect to any child, the court shall consider all relevant factors, including, but not limited to, the factors set forth in division (D) of section 3109.051 of the Revised Code. Divisions (C), (K), and (L) of section 3109.051 of the Revised Code apply to the determination of reasonable companionship or visitation rights under this section and to any order granting any such rights that is issued under this section.
The remarriage of the surviving parent of the child or the adoption of the child by the spouse of the surviving parent of the child does not affect the authority of the court under this section to grant reasonable companionship or visitation rights with respect to the child to a parent or other relative of the child's deceased father or mother.
If the court denies a request for reasonable companionship or visitation rights made pursuant to this section and the complainant files a written request for findings of fact and conclusions of law, the court shall state in writing its findings of fact and conclusions of law in accordance with Civil Rule 52.
Except as provided in division (E)(6) of section 3113.31 of the Revised Code, if the court, pursuant to this section, grants any person companionship or visitation rights with respect to any child, it shall not require the public children services agency to provide supervision of or other services related to that person's exercise of companionship or visitation rights with respect to the child. This section does not limit the power of a juvenile court pursuant to Chapter 2151. of the Revised Code to issue orders with respect to children who are alleged to be abused, neglected, or dependent children or to make dispositions of children who are adjudicated abused, neglected, or dependent children or of a common pleas court to issue orders pursuant to section 3113.31 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.13 | Prevention of Child Abuse and Child Neglect Definitions.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
As used in sections 3109.13 to 3109.179 of the Revised Code:
(A) "Child abuse and child neglect prevention programs" means programs that use primary and secondary prevention strategies that are conducted at the local level and activities and projects of statewide significance designed to strengthen families and prevent child abuse and child neglect.
(B) "Primary prevention strategies" are activities and services provided to the public designed to prevent or reduce the prevalence of child abuse and child neglect before signs of abuse or neglect can be observed.
(C) "Secondary prevention strategies" are activities and services that are provided to a specific population identified as having risk factors for child abuse and child neglect and are designed to intervene at the earliest warning signs of child abuse or child neglect, or whenever a child can be identified as being at risk of abuse or neglect.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.16 | Powers of the Board.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The children's trust fund board, upon the recommendation of the director of children and youth, shall approve the employment of an executive director who will administer the programs of the board.
(B) The department of children and youth shall provide budgetary, procurement, accounting, and other related management functions for the board and may adopt rules in accordance with Chapter 119. of the Revised Code for these purposes. An amount not to exceed three per cent of the total amount of fees deposited in the children's trust fund in each fiscal year may be used for costs directly related to these administrative functions of the department. Each fiscal year, the board shall approve a budget for administrative expenditures for the next fiscal year.
(C) The board may request that the department adopt rules the board considers necessary for the purpose of carrying out the board's responsibilities under this section, and the department may adopt those rules. The department may, after consultation with the board and the executive director, adopt any other rules to assist the board in carrying out its responsibilities under this section. In either case, the rules shall be adopted under Chapter 119. of the Revised Code.
(D) The board shall meet at least quarterly at the call of the chairperson to conduct its official business. All business transactions of the board shall be conducted in public meetings. A majority of the members appointed to the board constitute a quorum. A majority of the quorum is required to make all decisions of the board.
(E) With respect to funding, all of the following apply:
(1) The board may apply for and accept federal and other funds for the purpose of funding child abuse and child neglect prevention programs.
(2) The board may solicit and accept gifts, money, and other donations from any public or private source, including individuals, philanthropic foundations or organizations, corporations, or corporation endowments.
(3) The board may develop private-public partnerships to support the mission of the children's trust fund.
(4) The acceptance and use of federal and other funds shall not obligate the general assembly to continue the programs or activities for which the federal and other funds are made available.
(5) All funds received in the manner described in this section shall be transmitted to the treasurer of state, who shall credit them to the children's trust fund created in section 3109.14 of the Revised Code.
Last updated October 3, 2023 at 2:21 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.17 | Biennial State Plan for Comprehensive Child Abuse and Child Neglect Prevention.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The children's trust fund board shall establish a strategic plan for child abuse and child neglect prevention. The plan shall be transmitted to the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives and shall be made available to the general public.
(B) In developing and carrying out the strategic plan, the children's trust fund board shall, in accordance with rules adopted by the department pursuant to Chapter 119. of the Revised Code, do all of the following:
(1) Ensure that an opportunity exists for assistance through child abuse and child neglect prevention programs to persons throughout the state of various social and economic backgrounds;
(2) Allocate funds to entities for the purpose of funding child abuse and child neglect prevention programs that have statewide significance and that have been approved by the children's trust fund board;
(3) Provide for the monitoring of expenditures from the children's trust fund and of programs that receive money from the children's trust fund;
(4) Establish reporting requirements for regional child abuse and child neglect prevention councils, including deadlines for the submission of the progress and annual reports required under section 3107.172 of the Revised Code.
(5) Collaborate with appropriate persons and government entities and facilitate the exchange of information among those persons and entities for the purpose of child abuse and child neglect prevention;
(6) Provide for the education of the public and professionals for the purpose of child abuse and child neglect prevention.
(C) The children's trust fund board shall prepare a report for each fiscal biennium that delineates the expenditure of money from the children's trust fund. On or before January 1, 2002, and on or before the first day of January of a year that follows the end of a fiscal biennium of this state, the board shall file a copy of the report with the governor, the president and minority leader of the senate, and the speaker and minority leader of the house of representatives.
Last updated October 3, 2023 at 2:24 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.171 | Child Abuse and Child Neglect Prevention Regions.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
For the purpose of administering child abuse and child neglect prevention programming and services approved by the children's trust fund board, there are hereby created the following eight child abuse and child neglect prevention regions in the state:
One region consisting of the following counties: Defiance, Erie, Fulton, Hancock, Henry, Huron, Lucas, Ottawa, Paulding, Putnam, Sandusky, Seneca, Van Wert, Williams, Wood, and Wyandot.
One region consisting of the following counties: Ashtabula, Cuyahoga, Geauga, and Lake.
One region consisting of the following counties: Ashland, Columbiana, Holmes, Lorain, Mahoning, Medina, Portage, Stark, Summit, Trumbull, and Wayne.
One region consisting of the following counties: Allen, Auglaize, Champaign, Clark, Darke, Greene, Hardin, Logan, Mercer, Miami, Montgomery, Preble, and Shelby.
One region consisting of the following counties: Crawford, Delaware, Fairfield, Fayette, Franklin, Knox, Licking, Madison, Marion, Morrow, Pickaway, Richland, and Union.
One region consisting of the following counties: Belmont, Carroll, Coshocton, Guernsey, Harrison, Jefferson, Monroe, Muskingum, Noble, and Tuscarawas.
One region consisting of the following counties: Adams, Brown, Butler, Clermont, Clinton, Hamilton, Highland, and Warren.
One region consisting of the following counties: Athens, Gallia, Hocking, Jackson, Lawrence, Meigs, Morgan, Perry, Pike, Ross, Scioto, Vinton, and Washington.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.173 | Regional Prevention Coordinator.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Each child abuse and child neglect regional prevention council shall be under the direction of a regional prevention coordinator. The children's trust fund board shall select each region's coordinator through a competitive selection process conducted by the board.
(B) Regional prevention coordinators shall do all of the following:
(1) Select a representative to serve as chairperson of the regional prevention council;
(2) Conduct a needs assessment to ascertain the child abuse and neglect prevention programming and services that are needed in the region;
(3) Work with county prevention specialists in the region to assemble the regional prevention plan based on children's trust fund board guidelines pursuant to section 3109.174 of the Revised Code;
(4) Implement the regional prevention plan, including the following:
(a) Monitoring fulfillment of prevention deliverables and achievement of prevention outcomes;
(b) Coordinating county data collection;
(c) Ensuring timely and accurate reporting to the board.
(5) Any additional duties specified by the department in rules adopted pursuant to Chapter 119. of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.174 | Submission of Regional Prevention Plan.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
Each child abuse and child neglect regional prevention council shall submit to the children's trust fund board a regional prevention plan for funding child abuse and child neglect prevention programs and activities based on criteria set forth by the children's trust fund.
The plan shall be submitted on the form and in the manner specified in rules adopted by the department of job and family services pursuant to Chapter 119. of the Revised Code.
Last updated September 28, 2023 at 12:18 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.175 | Evaluation of Plans.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
On receipt of a regional prevention plan submitted pursuant to section 3109.174 of the Revised Code, the children's trust fund board may do either of the following:
(A) Approve the plan;
(B) Deny the plan;
(C) Require the submitting council to make changes to the plan and submit an amended plan to the board.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.176 | Denial or Reduction of Funding.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The children's trust fund board may deny funding or allocate a reduced amount of funds on a pro-rated daily basis to a child abuse and child neglect regional prevention council for the fiscal year for which a regional prevention plan was required to be developed under any of the following circumstances:
(1) If a council fails to submit to the board a regional prevention plan pursuant to section 3109.174 of the Revised Code by the date specified by the board;
(2) If a council fails to submit to the board an amended plan pursuant to division (C) of section 3109.175 of the Revised Code;
(3) If the board fails to approve a plan or an amended plan submitted by a council.
(B) The board may allocate a reduced amount of funds to a council on a pro-rated daily basis for the following fiscal year if the council fails to submit to the board a progress report or annual report as required by section 3109.172 of the Revised Code not later than the due dates specified by the board for those reports.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.177 | Primary Prevention Strategies.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) As used in this section and section 3107.178 of the Revised Code, "primary prevention strategies" has the same meaning as in section 3109.13 of the Revised Code.
(B) Each children's advocacy center may annually request funds from the children's trust fund board to conduct primary prevention strategies.
Last updated January 10, 2024 at 2:41 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.178 | Requests for Start-Up Costs.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Each child abuse and child neglect regional prevention council may request from the children's trust fund board up to five thousand dollars for each county within the council's region to be used as one-time, start-up costs for the establishment and operation of a children's advocacy center to serve each county in the region or a center to serve two or more contiguous counties within the region.
(B) On receipt of a request made under this section, the board shall review and approve or disapprove the request.
(C) If the board disapproves the request, the board shall send to the requesting council written notice of the disapproval that states the reasons for the disapproval.
(D) No funds allocated to a council under this section may be used as start-up costs for any children's advocacy center unless the center has as a component a primary prevention strategy.
(E) A council that receives funds under this section in any fiscal year shall not use the funds received in a different fiscal year or for a different center in any fiscal year without the approval of the board.
(F) A children's advocacy center established using funds awarded under this section shall comply with sections 2151.425 to 2151.428 of the Revised Code.
Last updated October 4, 2023 at 4:01 PM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.179 | Rules.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code regarding all of the following:
(1) Operation requirements for child abuse and child neglect regional prevention councils;
(2) The manner in which boards of county commissioners are to appoint council members;
(3) The form and manner by which councils are to submit regional prevention plans.
(B) The department may adopt rules in accordance with Chapter 119. of the Revised Code regarding the following:
(1) Duties of council members;
(2) Duties of regional prevention coordinators;
(3) Any other rules necessary to implement sections 3109.13 to 3109.178 of the Revised Code.
(C) The department shall consult with the children's trust fund board and the board's executive director regarding all rules adopted under this section.
Last updated September 29, 2023 at 9:48 AM
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.41 | Parent Killing Other Parent Definitions.

Effective:
January 1, 2002
Latest Legislation:
Senate Bill 179 - 123rd General Assembly
As used in sections 3109.41 to 3109.48 of the Revised Code:
(A) A person is "convicted of killing" if the person has been convicted of or pleaded guilty to a violation of section 2903.01, 2903.02, or 2903.03 of the Revised Code.
(B) "Custody order" means an order designating a person as the residential parent and legal custodian of a child under section 3109.04 of the Revised Code or any order determining custody of a child under section 2151.23, 2151.33, 2151.353, 2151.354, 2151.415, 2151.417, 2152.16, 2152.17, 2152.19, 2152.21, or 3113.31 of the Revised Code.
(C) "Visitation order" means an order issued under division (B)(1)(c) of section 2151.33 or under section 2151.412, 3109.051, 3109.12, or 3113.31 of the Revised Code.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.42 | Ineligibility for Custody of Parent Killing Other Parent.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
Except as provided in section 3109.47 of the Revised Code, if a parent is convicted of killing the other parent of a child, no court shall issue a custody order designating the parent as the residential parent and legal custodian of the child or granting custody of the child to the parent.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.43 | Ineligibility for Visitation Rights of Parent Killing Other Parent.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
Except as provided in section 3109.47 of the Revised Code, if a parent is convicted of killing the other parent of a child, no court shall issue a visitation order granting the parent visitation rights with the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.44 | Notice by Court Where Parent Convicted of Killing Other Parent.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
Upon receipt of notice that a visitation order is pending or has been issued granting a parent visitation rights with a child or a custody order is pending or has been issued designating a parent as the residential parent and legal custodian of a child or granting custody of a child to a parent prior to that parent being convicted of killing the other parent of the child, the court in which the parent is convicted of killing the other parent shall immediately notify the court that issued the visitation or custody order of the conviction.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.45 | Termination of Visitation Order Upon Receipt of Notice.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
On receipt of notice under section 3109.44 of the Revised Code, a court that issued a visitation order described in that section shall terminate the order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.46 | Termination of Custody Order Upon Receipt of Notice.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
If the court to which notice is sent under section 3109.44 of the Revised Code is a juvenile court that issued a custody order described in that section, the court shall retain jurisdiction over the order. If the court to which notice is sent is not a juvenile court but the court issued a custody order described in that section, the court shall transfer jurisdiction over the custody order to the juvenile court of the county in which the child has a residence or legal settlement.
On receipt of the notice in cases in which the custody order was issued by a juvenile court or after jurisdiction is transferred, the juvenile court with jurisdiction shall terminate the custody order.
The termination order shall be treated as a complaint filed under section 2151.27 of the Revised Code alleging the child subject of the custody order to be a dependent child. If a juvenile court issued the terminated custody order under a prior juvenile proceeding under Chapter 2151. of the Revised Code in which the child was adjudicated an abused, neglected, dependent, unruly, or delinquent child or a juvenile traffic offender, the court shall treat the termination order as a new complaint.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.47 | Custody or Visitation Granted to Surviving Parent.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
(A) A court may do one of the following with respect to a parent convicted of killing the other parent of a child if the court determines, by clear and convincing evidence, that it is in the best interest of the child and the child consents:
(1) Issue a custody order designating the parent as the residential parent and legal custodian of the child or granting custody of the child to that parent;
(2) Issue a visitation order granting that parent visitation rights with the child.
(B) When considering the ability of a child to consent and the validity of a child's consent under this section, the court shall consider 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.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.48 | Visit to Surviving Parent With Child Present.

Effective:
October 20, 1999
Latest Legislation:
House Bill 191 - 123rd General Assembly
No person, with the child of the parent present, shall visit the parent who has been convicted of killing the child's other parent unless a court has issued an order granting the parent visitation rights with the child and the child's custodian or legal guardian consents to the visit.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.50 | Definitions.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
As used in sections 3109.501 to 3109.507 of the Revised Code:
(A) "Parental rights" means parental rights and responsibilities, parenting time, or any other similar right established by the laws of this state with respect to a child. "Parental rights" does not include the parental duty of support for a child.
(B) "Rape" means a violation of section 2907.02 of the Revised Code or similar law of another state.
(C) "Sexual battery" means a violation of section 2907.03 of the Revised Code or similar law of another state.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.501 | Children Conceived as Result of Rape or Sexual Battery; Declaration of Paternity.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
(A) Except as provided in division (C) and subject to division (D) of this section, a person who is the victim of rape or sexual battery for which a child was conceived as a result may bring an action to declare the person who was convicted of or pleaded guilty to the offense to be the parent of the child conceived as a result of rape or sexual battery committed by the other person.
(B) In an action seeking a declaration described in division (A) of this section, a court may issue an order declaring that the other person is the parent of a child conceived as a result of rape or sexual battery committed by the other person if all of the following are established by clear and convincing evidence:
(1) The other person was convicted of or pleaded guilty to the rape or sexual battery.
(2) The person bringing the action was the victim of the rape or sexual battery.
(3) The child was conceived as a result of the rape or sexual battery.
(4) Both persons are the parents of the child established pursuant to genetic testing conducted in different places or at different times or as provided in Chapter 3111. of the Revised Code.
(C) A person to whom the following apply may seek a declaration described in division (A) of this section only pursuant to a proceeding for divorce, dissolution, legal separation, or annulment:
(1) The person is the victim of a rape or sexual battery for which a child was conceived as a result.
(2) The person is married to the person who was convicted of or pleaded guilty to the rape or sexual battery.
(D) An action seeking a declaration under division (A) of this section shall be filed in a court with jurisdiction over juvenile matters if the parents of the child are not married and in a court with jurisdiction over domestic relations matters, pursuant to a proceeding for divorce, dissolution, legal separation, or annulment, if the parents of the child are married.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.502 | Continuation of Declaration of Paternity Proceedings During Criminal Proceedings.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
An action under section 3109.501 of the Revised Code shall be continued until the court renders a judgment and all appeals have been exhausted in the criminal proceedings regarding the charge of rape or sexual battery that is the basis of the action. On the final disposition of the criminal proceedings, the court shall do one of the following:
(A) Proceed with the action if the person was convicted of or pleaded guilty to rape or sexual battery;
(B) Dismiss the action if the person was acquitted of the charge of rape or sexual battery.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.503 | Notice of Parental Rights.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
(A) A person who brings an action under division (A) of section 3109.501 of the Revised Code seeking a declaration that another person is the parent of a child conceived as a result of rape or sexual battery committed by the other person shall notify the court in which the action is brought of any order previously issued by any court that grants the other person parental rights with respect to that child. The notice shall include the name of the court that issued the order, the date of issuance of the order, the name and number of the case in which the order was issued, the parental rights granted under the order, and the name of the person to whom the parental rights were granted.
(B) A court that issues an order under section 3109.501 of the Revised Code declaring a person to be the parent of a child conceived as a result of rape or sexual battery committed by the person shall notify any court that has issued an order granting the person parental rights with respect to that child and that was identified in accordance with division (A) of this section by the person who brought the action.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.504 | Granting of Parental Rights Prohibited.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
(A) No court shall issue an order granting parental rights with respect to a child to a person who has been convicted of or pleaded guilty to rape or sexual battery and has been declared, in an action or proceeding under section 3109.501 or 3109.505 of the Revised Code regarding that child, to be the parent of a child conceived as a result of rape or sexual battery committed by the person.
(B) On receipt of a notice under section 3109.503 of the Revised Code, a court that has issued an order granting parental rights regarding the person and child addressed in the notice shall terminate the order.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.505 | Consolidation of Actions.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
Any action described in section 3109.501 of the Revised Code may be consolidated with any action or proceeding for parental rights regarding a child conceived as a result of rape or sexual battery.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.506 | Rights of Relatives.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
A relative of a person whose parental rights with that person's child have been terminated, denied, or limited pursuant to sections 3109.50 to 3109.505 of the Revised Code may be granted only those rights consented to by the other parent of the child.
2023 Ohio Revised Code › Title 31 | Domestic Relations-Children › Chapter 3109 | Children › Section 3109.507 | Revocation or Modification of Order.

Effective:
March 23, 2015
Latest Legislation:
Senate Bill 207 - 130th General Assembly
(A) If a court issues an order under section 3109.501 of the Revised Code declaring a person to be the parent of a child conceived as a result of rape or sexual battery committed by the person, no court shall revoke or modify the order or the resulting denial, termination, or limitation of the person's parental rights and the person's relatives' rights under sections 3109.50 to 3109.506 of the Revised Code, except upon motion of the victim of the rape or sexual battery requesting the revocation or modification. The motion shall be made in the court that issued the order under section 3109.501 of the Revised Code.
(B) The denial, termination, or limitation of parental rights under sections 3109.50 to 3109.506 of the Revised Code does not relieve the person of any debts owed to the other parent or the child prior to the denial, termination, or limitation.