Bill Text: OH HB46 | 2011-2012 | 129th General Assembly | Introduced

Ohio House Bill 46 (Prior Session Legislation)

Introduced

Bill Title: To extend to a grandparent's spouse the exemption from certain adoptive placement requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-26 - To Judiciary & Ethics [HB46 Detail]

Download: Ohio-2011-HB46-Introduced.html

As Introduced

129th General Assembly

Regular Session

2011-2012

H. B. No. 46

Representative Blessing

A BILL

To amend section 5103.16 of the Revised Code to

extend to a grandparent's spouse the exemption

from certain adoptive placement requirements.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 5103.16 of the Revised Code be	4
amended as follows:	5

Sec. 5103.16. (A) Except as otherwise provided in this	6
section, no child shall be placed or accepted for placement under	7
any written or oral agreement or understanding that transfers or	8
surrenders the legal rights, powers, or duties of the legal	9
parent, parents, or guardian of the child into the temporary or	10
permanent custody of any association or institution that is not	11
certified by the department of job and family services under	12
section 5103.03 of the Revised Code, without the written consent	13
of the office in the department that oversees the interstate	14
compact for placement of children established under section	15
5103.20 of the Revised Code or the interstate compact on the	16
placement of children established under section 5103.23 of the	17
Revised Code, as applicable, or by a commitment of a juvenile	18
court, or by a commitment of a probate court as provided in this	19
section. A child may be placed temporarily without written consent	20
or court commitment with persons related by blood or marriage or	21
in a legally licensed boarding home.	22

(B)(1) Associations and institutions certified under section	23
5103.03 of the Revised Code for the purpose of placing children in	24
free foster homes or for legal adoption shall keep a record of the	25
temporary and permanent surrenders of children. This record shall	26
be available for separate statistics, which shall include a copy	27
of an official birth record and all information concerning the	28
social, mental, and medical history of the children that will aid	29
in an intelligent disposition of the children in case that becomes	30
necessary because the parents or guardians fail or are unable to	31
reassume custody.	32

(2) No child placed on a temporary surrender with an	33
association or institution shall be placed permanently in a foster	34
home or for legal adoption. All surrendered children who are	35
placed permanently in foster homes or for adoption shall have been	36
permanently surrendered, and a copy of the permanent surrender	37
shall be a part of the separate record kept by the association or	38
institution.	39

(C) Any agreement or understanding to transfer or surrender	40
the legal rights, powers, or duties of the legal parent or parents	41
and place a child with a person seeking to adopt the child under	42
this section shall be construed to contain a promise by the person	43
seeking to adopt the child to pay the expenses listed in divisions	44
(C)(1), (2), and (4) of section 3107.055 of the Revised Code and,	45
if the person seeking to adopt the child refuses to accept	46
placement of the child, to pay the temporary costs of routine	47
maintenance and medical care for the child in a hospital, foster	48
home, or other appropriate place for up to thirty days or until	49
other custody is established for the child, as provided by law,	50
whichever is less.	51

(D) No child shall be placed or received for adoption or with	52
intent to adopt unless placement is made by a public children	53
services agency, an institution or association that is certified	54
by the department of job and family services under section 5103.03	55
of the Revised Code to place children for adoption, or custodians	56
in another state or foreign country, or unless all of the	57
following criteria are met:	58

(1) Prior to the placement and receiving of the child, the	59
parent or parents of the child personally have applied to, and	60
appeared before, the probate court of the county in which the	61
parent or parents reside, or in which the person seeking to adopt	62
the child resides, for approval of the proposed placement	63
specified in the application and have signed and filed with the	64
court a written statement showing that the parent or parents are	65
aware of their right to contest the decree of adoption subject to	66
the limitations of section 3107.16 of the Revised Code;	67

(2) The court ordered an independent home study of the	68
proposed placement to be conducted as provided in section 3107.031	69
of the Revised Code, and after completion of the home study, the	70
court determined that the proposed placement is in the best	71
interest of the child;	72

(3) The court has approved of record the proposed placement.

In determining whether a custodian has authority to place	74
children for adoption under the laws of a foreign country, the	75
probate court shall determine whether the child has been released	76
for adoption pursuant to the laws of the country in which the	77
child resides, and if the release is in a form that satisfies the	78
requirements of the immigration and naturalization service of the	79
United States department of justice for purposes of immigration to	80
this country pursuant to section 101(b)(1)(F) of the "Immigration	81
and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101	82
(b)(1)(F), as amended or reenacted.	83

If the parent or parents of the child are deceased or have	84
abandoned the child, as determined under division (A) of section	85
3107.07 of the Revised Code, the application for approval of the	86
proposed adoptive placement may be brought by the relative seeking	87
to adopt the child, or by the department, board, or organization	88
not otherwise having legal authority to place the orphaned or	89
abandoned child for adoption, but having legal custody of the	90
orphaned or abandoned child, in the probate court of the county in	91
which the child is a resident, or in which the department, board,	92
or organization is located, or where the person or persons with	93
whom the child is to be placed reside. Unless the parent, parents,	94
or guardian of the person of the child personally have appeared	95
before the court and applied for approval of the placement, notice	96
of the hearing on the application shall be served on the parent,	97
parents, or guardian.	98

The consent to placement, surrender, or adoption executed by	99
a minor parent before a judge of the probate court or an	100
authorized deputy or referee of the court, whether executed within	101
or outside the confines of the court, is as valid as though	102
executed by an adult. A consent given as above before an employee	103
of a children services agency that is licensed as provided by law,	104
is equally effective, if the consent also is accompanied by an	105
affidavit executed by the witnessing employee or employees to the	106
effect that the legal rights of the parents have been fully	107
explained to the parents, prior to the execution of any consent,	108
and that the action was done after the birth of the child.	109

If the court approves a placement, the prospective adoptive	110
parent with whom the child is placed has care, custody, and	111
control of the child pending further order of the court.	112