Bill Text: OH HB257 | 2013-2014 | 130th General Assembly | Engrossed

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Bill Title: Concerning parental rights regarding a child conceived as a result of rape or sexual battery.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-01-16 - To Criminal Justice [HB257 Detail]

Download: Ohio-2013-HB257-Engrossed.html

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As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 257

Representatives Antonio, Schuring 

Cosponsors: Representatives Cera, Rogers, Driehaus, Becker, Smith, Stebelton, Strahorn, Maag, Barborak, Buchy, Phillips, Foley, Hagan, R., Sheehy, Brown, Brenner, Reece, Fedor, Ramos, Budish, Grossman, Celebrezze, Pillich, Stautberg, Winburn, Adams, R., Anielski, Ashford, Baker, Barnes, Beck, Bishoff, Blair, Blessing, Boyce, Burkley, Butler, Carney, Conditt, Curtin, Damschroder, Derickson, DeVitis, Dovilla, Duffey, Gerberry, Green, Hackett, Hagan, C., Hall, Hayes, Huffman, Johnson, Kunze, Landis, Lundy, McClain, McGregor, Milkovich, O'Brien, Patmon, Patterson, Perales, Redfern, Ruhl, Scherer, Sears, Slaby, Sprague, Young Speaker Batchelder 

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A BILL

To amend sections 2105.06, 2151.414, 3107.07, and

1

3111.04 and to enact sections 2105.062, 3109.50,

2

3109.501, 3109.502, 3109.503, 3109.504, 3109.505,

3

and 3109.506 of the Revised Code concerning

4

parental rights regarding a child conceived as a

5

result of rape or sexual battery.

6

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

Section 1.  That sections 2105.06, 2151.414, 3107.07, and	7
3111.04 be amended and sections 2105.062, 3109.50, 3109.501,	8
3109.502, 3109.503, 3109.504, 3109.505, and 3109.506 of the	9
Revised Code be enacted to read as follows:	10

Sec. 2105.06.  When a person dies intestate having title or	11
right to any personal property, or to any real property or	12
inheritance, in this state, the personal property shall be	13
distributed, and the real property or inheritance shall descend	14
and pass in parcenary, except as otherwise provided by law, in the	15
following course:	16

(A) If there is no surviving spouse, to the children of the	17
intestate or their lineal descendants, per stirpes;	18

(B) If there is a spouse and one or more children of the	19
decedent or their lineal descendants surviving, and all of the	20
decedent's children who survive or have lineal descendants	21
surviving also are children of the surviving spouse, then the	22
whole to the surviving spouse;	23

(C) If there is a spouse and one child of the decedent or the	24
child's lineal descendants surviving and the surviving spouse is	25
not the natural or adoptive parent of the decedent's child, the	26
first twenty thousand dollars plus one-half of the balance of the	27
intestate estate to the spouse and the remainder to the child or	28
the child's lineal descendants, per stirpes;	29

(D) If there is a spouse and more than one child or their	30
lineal descendants surviving, the first sixty thousand dollars if	31
the spouse is the natural or adoptive parent of one, but not all,	32
of the children, or the first twenty thousand dollars if the	33
spouse is the natural or adoptive parent of none of the children,	34
plus one-third of the balance of the intestate estate to the	35
spouse and the remainder to the children equally, or to the lineal	36
descendants of any deceased child, per stirpes;	37

(E) If there are no children or their lineal descendants,	38
then the whole to the surviving spouse;	39

(F) IfExcept as provided in section 2105.062 of the Revised	40
Code, if there is no spouse and no children or their lineal	41
descendants, to the parents of the intestate equally, or to the	42
surviving parent;	43

(G) IfExcept as provided in section 2105.062 of the Revised	44
Code, if there is no spouse, no children or their lineal	45
descendants, and no parent surviving, to the brothers and sisters,	46
whether of the whole or of the half blood of the intestate, or	47
their lineal descendants, per stirpes;	48

(H) IfExcept as provided in section 2105.062 of the Revised	49
Code, if there are no brothers or sisters or their lineal	50
descendants, one-half to the paternal grandparents of the	51
intestate equally, or to the survivor of them, and one-half to the	52
maternal grandparents of the intestate equally, or to the survivor	53
of them;	54

(I) IfExcept as provided in section 2105.062 of the Revised	55
Code, if there is no paternal grandparent or no maternal	56
grandparent, one-half to the lineal descendants of the deceased	57
grandparents, per stirpes; if there are no such lineal	58
descendants, then to the surviving grandparents or their lineal	59
descendants, per stirpes; if there are no surviving grandparents	60
or their lineal descendants, then to the next of kin of the	61
intestate, provided there shall be no representation among the	62
next of kin;	63

(J) If there are no next of kin, to stepchildren or their	64
lineal descendants, per stirpes;	65

(K) If there are no stepchildren or their lineal descendants,	66
escheat to the state.	67

Sec. 2105.062. As used in this section, "relative" includes a	68
parent, grandparent, great-grandparent, stepparent, child,	69
grandchild, aunt, uncle, cousin, sibling, and half sibling.	70

The father declared to be the parent of a child conceived as	71
a result of rape or sexual battery pursuant to section 3109.501 of	72
the Revised Code, or a relative of the father, shall not inherit	73
the real property, personal property, or inheritance of the child	74
or the child's lineal descendants as provided under section	75
2105.06 of the Revised Code.	76

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	77
to section 2151.413 of the Revised Code for permanent custody of a	78
child, the court shall schedule a hearing and give notice of the	79
filing of the motion and of the hearing, in accordance with	80
section 2151.29 of the Revised Code, to all parties to the action	81
and to the child's guardian ad litem. The notice also shall	82
contain a full explanation that the granting of permanent custody	83
permanently divests the parents of their parental rights, a full	84
explanation of their right to be represented by counsel and to	85
have counsel appointed pursuant to Chapter 120. of the Revised	86
Code if they are indigent, and the name and telephone number of	87
the court employee designated by the court pursuant to section	88
2151.314 of the Revised Code to arrange for the prompt appointment	89
of counsel for indigent persons.	90

The court shall conduct a hearing in accordance with section	91
2151.35 of the Revised Code to determine if it is in the best	92
interest of the child to permanently terminate parental rights and	93
grant permanent custody to the agency that filed the motion. The	94
adjudication that the child is an abused, neglected, or dependent	95
child and any dispositional order that has been issued in the case	96
under section 2151.353 of the Revised Code pursuant to the	97
adjudication shall not be readjudicated at the hearing and shall	98
not be affected by a denial of the motion for permanent custody.	99

(2) The court shall hold the hearing scheduled pursuant to	100
division (A)(1) of this section not later than one hundred twenty	101
days after the agency files the motion for permanent custody,	102
except that, for good cause shown, the court may continue the	103
hearing for a reasonable period of time beyond the	104
one-hundred-twenty-day deadline. The court shall issue an order	105
that grants, denies, or otherwise disposes of the motion for	106
permanent custody, and journalize the order, not later than two	107
hundred days after the agency files the motion.	108

If a motion is made under division (D)(2) of section 2151.413	109
of the Revised Code and no dispositional hearing has been held in	110
the case, the court may hear the motion in the dispositional	111
hearing required by division (B) of section 2151.35 of the Revised	112
Code. If the court issues an order pursuant to section 2151.353 of	113
the Revised Code granting permanent custody of the child to the	114
agency, the court shall immediately dismiss the motion made under	115
division (D)(2) of section 2151.413 of the Revised Code.	116

The failure of the court to comply with the time periods set	117
forth in division (A)(2) of this section does not affect the	118
authority of the court to issue any order under this chapter and	119
does not provide any basis for attacking the jurisdiction of the	120
court or the validity of any order of the court.	121

(B)(1) Except as provided in division (B)(2) of this section,	122
the court may grant permanent custody of a child to a movant if	123
the court determines at the hearing held pursuant to division (A)	124
of this section, by clear and convincing evidence, that it is in	125
the best interest of the child to grant permanent custody of the	126
child to the agency that filed the motion for permanent custody	127
and that any of the following apply:	128

(a) The child is not abandoned or orphaned, has not been in	129
the temporary custody of one or more public children services	130
agencies or private child placing agencies for twelve or more	131
months of a consecutive twenty-two-month period, or has not been	132
in the temporary custody of one or more public children services	133
agencies or private child placing agencies for twelve or more	134
months of a consecutive twenty-two-month period if, as described	135
in division (D)(1) of section 2151.413 of the Revised Code, the	136
child was previously in the temporary custody of an equivalent	137
agency in another state, and the child cannot be placed with	138
either of the child's parents within a reasonable time or should	139
not be placed with the child's parents.	140

(b) The child is abandoned.

141

(c) The child is orphaned, and there are no relatives of the	142
child who are able to take permanent custody.	143

(d) The child has been in the temporary custody of one or	144
more public children services agencies or private child placing	145
agencies for twelve or more months of a consecutive	146
twenty-two-month period, or the child has been in the temporary	147
custody of one or more public children services agencies or	148
private child placing agencies for twelve or more months of a	149
consecutive twenty-two-month period and, as described in division	150
(D)(1) of section 2151.413 of the Revised Code, the child was	151
previously in the temporary custody of an equivalent agency in	152
another state.	153

For the purposes of division (B)(1) of this section, a child	154
shall be considered to have entered the temporary custody of an	155
agency on the earlier of the date the child is adjudicated	156
pursuant to section 2151.28 of the Revised Code or the date that	157
is sixty days after the removal of the child from home.	158

(e) The child was conceived as a result of rape as described	159
in section 2907.02 of the Revised Code or sexual battery as	160
described in section 2907.03 of the Revised Code.	161

(2) With respect to a motion made pursuant to division (D)(2)	162
of section 2151.413 of the Revised Code, the court shall grant	163
permanent custody of the child to the movant if the court	164
determines in accordance with division (E) of this section that	165
the child cannot be placed with one of the child's parents within	166
a reasonable time or should not be placed with either parent and	167
determines in accordance with division (D) of this section that	168
permanent custody is in the child's best interest.	169

(C) In making the determinations required by this section or	170
division (A)(4) of section 2151.353 of the Revised Code, a court	171
shall not consider the effect the granting of permanent custody to	172
the agency would have upon any parent of the child. A written	173
report of the guardian ad litem of the child shall be submitted to	174
the court prior to or at the time of the hearing held pursuant to	175
division (A) of this section or section 2151.35 of the Revised	176
Code but shall not be submitted under oath.	177

If the court grants permanent custody of a child to a movant	178
under this division, the court, upon the request of any party,	179
shall file a written opinion setting forth its findings of fact	180
and conclusions of law in relation to the proceeding. The court	181
shall not deny an agency's motion for permanent custody solely	182
because the agency failed to implement any particular aspect of	183
the child's case plan.	184

(D)(1) In determining the best interest of a child at a	185
hearing held pursuant to division (A) of this section or for the	186
purposes of division (A)(4) or (5) of section 2151.353 or division	187
(C) of section 2151.415 of the Revised Code, the court shall	188
consider all relevant factors, including, but not limited to, the	189
following:	190

(a) The interaction and interrelationship of the child with	191
the child's parents, siblings, relatives, foster caregivers and	192
out-of-home providers, and any other person who may significantly	193
affect the child;	194

(b) The wishes of the child, as expressed directly by the	195
child or through the child's guardian ad litem, with due regard	196
for the maturity of the child;	197

(c) The custodial history of the child, including whether the	198
child has been in the temporary custody of one or more public	199
children services agencies or private child placing agencies for	200
twelve or more months of a consecutive twenty-two-month period, or	201
the child has been in the temporary custody of one or more public	202
children services agencies or private child placing agencies for	203
twelve or more months of a consecutive twenty-two-month period	204
and, as described in division (D)(1) of section 2151.413 of the	205
Revised Code, the child was previously in the temporary custody of	206
an equivalent agency in another state;	207

(d) The child's need for a legally secure permanent placement	208
and whether that type of placement can be achieved without a grant	209
of permanent custody to the agency;	210

(e) Whether any of the factors in divisions (E)(7) to (11) of	211
this section apply in relation to the parents and child.	212

For the purposes of division (D)(1) of this section, a child	213
shall be considered to have entered the temporary custody of an	214
agency on the earlier of the date the child is adjudicated	215
pursuant to section 2151.28 of the Revised Code or the date that	216
is sixty days after the removal of the child from home.	217

(2) If all of the following apply, permanent custody is in	218
the best interest of the child and the court shall commit the	219
child to the permanent custody of a public children services	220
agency or private child placing agency:	221

(a) The court determines by clear and convincing evidence	222
that one or more of the factors in division (E) of this section	223
exist and the child cannot be placed with one of the child's	224
parents within a reasonable time or should not be placed with	225
either parent.	226

(b) The child has been in an agency's custody for two years	227
or longer, and no longer qualifies for temporary custody pursuant	228
to division (D) of section 2151.415 of the Revised Code.	229

(c) The child does not meet the requirements for a planned	230
permanent living arrangement pursuant to division (A)(5) of	231
section 2151.353 of the Revised Code.	232

(d) Prior to the dispositional hearing, no relative or other	233
interested person has filed, or has been identified in, a motion	234
for legal custody of the child.	235

(E) In determining at a hearing held pursuant to division (A)	236
of this section or for the purposes of division (A)(4) of section	237
2151.353 of the Revised Code whether a child cannot be placed with	238
either parent within a reasonable period of time or should not be	239
placed with the parents, the court shall consider all relevant	240
evidence. If the court determines, by clear and convincing	241
evidence, at a hearing held pursuant to division (A) of this	242
section or for the purposes of division (A)(4) of section 2151.353	243
of the Revised Code that one or more of the following exist as to	244
each of the child's parents, the court shall enter a finding that	245
the child cannot be placed with either parent within a reasonable	246
time or should not be placed with either parent:	247

(1) Following the placement of the child outside the child's	248
home and notwithstanding reasonable case planning and diligent	249
efforts by the agency to assist the parents to remedy the problems	250
that initially caused the child to be placed outside the home, the	251
parent has failed continuously and repeatedly to substantially	252
remedy the conditions causing the child to be placed outside the	253
child's home. In determining whether the parents have	254
substantially remedied those conditions, the court shall consider	255
parental utilization of medical, psychiatric, psychological, and	256
other social and rehabilitative services and material resources	257
that were made available to the parents for the purpose of	258
changing parental conduct to allow them to resume and maintain	259
parental duties.	260

(2) Chronic mental illness, chronic emotional illness, mental	261
retardation, physical disability, or chemical dependency of the	262
parent that is so severe that it makes the parent unable to	263
provide an adequate permanent home for the child at the present	264
time and, as anticipated, within one year after the court holds	265
the hearing pursuant to division (A) of this section or for the	266
purposes of division (A)(4) of section 2151.353 of the Revised	267
Code;	268

(3) The parent committed any abuse as described in section	269
2151.031 of the Revised Code against the child, caused the child	270
to suffer any neglect as described in section 2151.03 of the	271
Revised Code, or allowed the child to suffer any neglect as	272
described in section 2151.03 of the Revised Code between the date	273
that the original complaint alleging abuse or neglect was filed	274
and the date of the filing of the motion for permanent custody;	275

(4) The parent has demonstrated a lack of commitment toward	276
the child by failing to regularly support, visit, or communicate	277
with the child when able to do so, or by other actions showing an	278
unwillingness to provide an adequate permanent home for the child;	279

(5) The parent is incarcerated for an offense committed	280
against the child or a sibling of the child;	281

(6) The parent has been convicted of or pleaded guilty to an	282
offense under division (A) or (C) of section 2919.22 or under	283
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	284
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	285
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	286
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	287
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	288
Revised Code and the child or a sibling of the child was a victim	289
of the offense or the parent has been convicted of or pleaded	290
guilty to an offense under section 2903.04 of the Revised Code, a	291
sibling of the child was the victim of the offense, and the parent	292
who committed the offense poses an ongoing danger to the child or	293
a sibling of the child.	294

(7) The parent has been convicted of or pleaded guilty to one	295
of the following:	296

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	297
the Revised Code or under an existing or former law of this state,	298
any other state, or the United States that is substantially	299
equivalent to an offense described in those sections and the	300
victim of the offense was a sibling of the child or the victim was	301
another child who lived in the parent's household at the time of	302
the offense;	303

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	304
the Revised Code or under an existing or former law of this state,	305
any other state, or the United States that is substantially	306
equivalent to an offense described in those sections and the	307
victim of the offense is the child, a sibling of the child, or	308
another child who lived in the parent's household at the time of	309
the offense;	310

(c) An offense under division (B)(2) of section 2919.22 of	311
the Revised Code or under an existing or former law of this state,	312
any other state, or the United States that is substantially	313
equivalent to the offense described in that section and the child,	314
a sibling of the child, or another child who lived in the parent's	315
household at the time of the offense is the victim of the offense;	316

(d) An offense under section 2907.02, 2907.03, 2907.04,	317
2907.05, or 2907.06 of the Revised Code or under an existing or	318
former law of this state, any other state, or the United States	319
that is substantially equivalent to an offense described in those	320
sections and the victim of the offense is the child, a sibling of	321
the child, or another child who lived in the parent's household at	322
the time of the offense;	323

(e) A conspiracy or attempt to commit, or complicity in	324
committing, an offense described in division (E)(7)(a) or (d) of	325
this section.	326

(8) The parent has repeatedly withheld medical treatment or	327
food from the child when the parent has the means to provide the	328
treatment or food, and, in the case of withheld medical treatment,	329
the parent withheld it for a purpose other than to treat the	330
physical or mental illness or defect of the child by spiritual	331
means through prayer alone in accordance with the tenets of a	332
recognized religious body.	333

(9) The parent has placed the child at substantial risk of	334
harm two or more times due to alcohol or drug abuse and has	335
rejected treatment two or more times or refused to participate in	336
further treatment two or more times after a case plan issued	337
pursuant to section 2151.412 of the Revised Code requiring	338
treatment of the parent was journalized as part of a dispositional	339
order issued with respect to the child or an order was issued by	340
any other court requiring treatment of the parent.	341

(10) The parent has abandoned the child.

342

(11) The parent has had parental rights involuntarily	343
terminated with respect to a sibling of the child pursuant to this	344
section or section 2151.353 or 2151.415 of the Revised Code, or	345
under an existing or former law of this state, any other state, or	346
the United States that is substantially equivalent to those	347
sections, and the parent has failed to provide clear and	348
convincing evidence to prove that, notwithstanding the prior	349
termination, the parent can provide a legally secure permanent	350
placement and adequate care for the health, welfare, and safety of	351
the child.	352

(12) The parent is incarcerated at the time of the filing of	353
the motion for permanent custody or the dispositional hearing of	354
the child and will not be available to care for the child for at	355
least eighteen months after the filing of the motion for permanent	356
custody or the dispositional hearing.	357

(13) The parent is repeatedly incarcerated, and the repeated	358
incarceration prevents the parent from providing care for the	359
child.	360

(14) The parent for any reason is unwilling to provide food,	361
clothing, shelter, and other basic necessities for the child or to	362
prevent the child from suffering physical, emotional, or sexual	363
abuse or physical, emotional, or mental neglect.	364

(15) The parent has committed abuse as described in section	365
2151.031 of the Revised Code against the child or caused or	366
allowed the child to suffer neglect as described in section	367
2151.03 of the Revised Code, and the court determines that the	368
seriousness, nature, or likelihood of recurrence of the abuse or	369
neglect makes the child's placement with the child's parent a	370
threat to the child's safety.	371

(16) Any other factor the court considers relevant.

372

(F) The parents of a child for whom the court has issued an	373
order granting permanent custody pursuant to this section, upon	374
the issuance of the order, cease to be parties to the action. This	375
division is not intended to eliminate or restrict any right of the	376
parents to appeal the granting of permanent custody of their child	377
to a movant pursuant to this section.	378

Sec. 3107.07.  Consent to adoption is not required of any of	379
the following:	380

(A) A parent of a minor, when it is alleged in the adoption	381
petition and the court, after proper service of notice and	382
hearing, finds by clear and convincing evidence that the parent	383
has failed without justifiable cause to provide more than de	384
minimis contact with the minor or to provide for the maintenance	385
and support of the minor as required by law or judicial decree for	386
a period of at least one year immediately preceding either the	387
filing of the adoption petition or the placement of the minor in	388
the home of the petitioner.	389

(B) The putative father of a minor if either of the following	390
applies:	391

(1) The putative father fails to register as the minor's	392
putative father with the putative father registry established	393
under section 3107.062 of the Revised Code not later than thirty	394
days after the minor's birth;	395

(2) The court finds, after proper service of notice and	396
hearing, that any of the following are the case:	397

(a) The putative father is not the father of the minor;

398

(b) The putative father has willfully abandoned or failed to	399
care for and support the minor;	400

(c) The putative father has willfully abandoned the mother of	401
the minor during her pregnancy and up to the time of her surrender	402
of the minor, or the minor's placement in the home of the	403
petitioner, whichever occurs first.	404

(C) Except as provided in section 3107.071 of the Revised	405
Code, a parent who has entered into a voluntary permanent custody	406
surrender agreement under division (B) of section 5103.15 of the	407
Revised Code;	408

(D) A parent whose parental rights have been terminated by	409
order of a juvenile court under Chapter 2151. of the Revised Code;	410

(E) A parent who is married to the petitioner and supports	411
the adoption;	412

(F) The father, or putative father, of a minor if the minor	413
is conceived as the result of the commission of rape by the father	414
or putative father and the father or putative father is convicted	415
of or pleads guilty to the commission of that offense. As used in	416
this division, "rape" means a violation of section 2907.02 of the	417
Revised Code or a similar law of another state.	418

(G) A legal guardian or guardian ad litem of a parent	419
judicially declared incompetent in a separate court proceeding who	420
has failed to respond in writing to a request for consent, for a	421
period of thirty days, or who, after examination of the written	422
reasons for withholding consent, is found by the court to be	423
withholding consent unreasonably;	424

(H) Any legal guardian or lawful custodian of the person to	425
be adopted, other than a parent, who has failed to respond in	426
writing to a request for consent, for a period of thirty days, or	427
who, after examination of the written reasons for withholding	428
consent, is found by the court to be withholding consent	429
unreasonably;	430

(I) The spouse of the person to be adopted, if the failure of	431
the spouse to consent to the adoption is found by the court to be	432
by reason of prolonged unexplained absence, unavailability,	433
incapacity, or circumstances that make it impossible or	434
unreasonably difficult to obtain the consent or refusal of the	435
spouse;	436

(J) Any parent, legal guardian, or other lawful custodian in	437
a foreign country, if the person to be adopted has been released	438
for adoption pursuant to the laws of the country in which the	439
person resides and the release of such person is in a form that	440
satisfies the requirements of the immigration and naturalization	441
service of the United States department of justice for purposes of	442
immigration to the United States pursuant to section 101(b)(1)(F)	443
of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8	444
U.S.C. 1101(b)(1)(F), as amended or reenacted.	445

(K) Except as provided in divisions (G) and (H) of this	446
section, a juvenile court, agency, or person given notice of the	447
petition pursuant to division (A)(1) of section 3107.11 of the	448
Revised Code that fails to file an objection to the petition	449
within fourteen days after proof is filed pursuant to division (B)	450
of that section that the notice was given;	451

(L) Any guardian, custodian, or other party who has temporary	452
custody of the child;	453

(M) The father of a minor declared, with respect to the	454
minor, to be the parent of a child conceived as a result of rape	455
or sexual battery pursuant to an action brought under section	456
3109.501 of the Revised Code.	457

Sec. 3109.50.  As used in sections 3109.501 to 3109.506 of	458
the Revised Code:	459

(A) "Parental rights" means parental rights and	460
responsibilities, parenting time, or any other similar right	461
established by the laws of this state with respect to a child.	462
"Parental rights" does not include the parental duty of support	463
for a child.	464

(B) "Rape" means a violation of section 2907.02 of the	465
Revised Code or similar law of another state.	466

(C) "Sexual battery" means a violation of section 2907.03 of	467
the Revised Code or similar law of another state.	468

Sec. 3109.501.  (A) The mother of a child alleging that the	469
child was conceived as a result of rape or sexual battery may	470
bring an action to declare the father to be the parent of a child	471
conceived as a result of rape or sexual battery.	472

(B) A court shall issue an order declaring that the father is	473
the parent of a child conceived as a result of rape or sexual	474
battery if the mother proves the following by a preponderance of	475
the evidence:	476

(1) The father was convicted of or pleaded guilty to the rape	477
or sexual battery.	478

(2) The mother was the victim of the rape or sexual battery.

479

(3) The child was conceived as a result of the rape or sexual	480
battery.	481

Sec. 3109.502.  A mother to whom the following apply may seek	482
a declaration described in section 3109.501 of the Revised Code	483
pursuant to a proceeding for divorce, dissolution, legal	484
separation, or annulment:	485

(A) She is the victim of a rape or sexual battery for which a	486
child was conceived as a result.	487

(B) She is married to the father who was convicted of, or	488
pleaded guilty to, the rape or sexual battery.	489

Sec. 3109.503.  A court that issues an order declaring a	490
father to be the parent of a child conceived as a result of rape	491
or sexual battery under section 3109.501 of the Revised Code shall	492
notify any court that has issued an order granting parental rights	493
with respect to such child to the father.	494

Sec. 3109.504.  (A) No court shall issue an order granting	495
parental rights with respect to a child to a father declared,	496
regarding that child, to be the parent of a child conceived as a	497
result of rape or sexual battery in an action or proceeding under	498
section 3109.501, 3109.502, or 3109.505 of the Revised Code.	499

(B) On receipt of a notice under section 3109.503 of the	500
Revised Code, a court that has issued an order granting parental	501
rights regarding the father and child addressed in the notice	502
shall terminate the order.	503

Sec. 3109.505.  Any action described in section 3109.501 of	504
the Revised Code may be consolidated with any action or proceeding	505
for parental rights regarding a child conceived as a result of	506
rape or sexual battery.	507

Sec. 3109.506.  A relative of a father whose parental rights	508
with the father's child have been terminated, denied, or limited	509
pursuant to sections 3109.50 to 3109.505 of the Revised Code may	510
be granted only those rights consented to by the mother of the	511
child.	512

Sec. 3111.04.  (A) An(1) Except as provided in division	513
(A)(2) of this section, an action to determine the existence or	514
nonexistence of the father and child relationship may be brought	515
by the child or the child's personal representative, the child's	516
mother or her personal representative, a man alleged or alleging	517
himself to be the child's father, the child support enforcement	518
agency of the county in which the child resides if the child's	519
mother, father, or alleged father is a recipient of public	520
assistance or of services under Title IV-D of the "Social Security	521
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	522
alleged father's personal representative.	523

(2) A man alleged or alleging himself to be the child's	524
father is not eligible to file an action under division (A)(1) of	525
this section if the man was convicted of or pleaded guilty to rape	526
or sexual battery, the victim of the rape or sexual battery was	527
the child's mother, and the child was conceived as a result of the	528
rape or sexual battery.	529

(B) An agreement does not bar an action under this section.

530

(C) If an action under this section is brought before the	531
birth of the child and if the action is contested, all	532
proceedings, except service of process and the taking of	533
depositions to perpetuate testimony, may be stayed until after the	534
birth.	535

(D) A recipient of public assistance or of services under	536
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	537
U.S.C.A. 651, as amended, shall cooperate with the child support	538
enforcement agency of the county in which a child resides to	539
obtain an administrative determination pursuant to sections	540
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	541
determination pursuant to sections 3111.01 to 3111.18 of the	542
Revised Code, of the existence or nonexistence of a parent and	543
child relationship between the father and the child. If the	544
recipient fails to cooperate, the agency may commence an action to	545
determine the existence or nonexistence of a parent and child	546
relationship between the father and the child pursuant to sections	547
3111.01 to 3111.18 of the Revised Code.	548

(E) As used in this section, "public:

549

(1) "Public assistance" means all of the following:

550

(1)(a) Medicaid;

551

(2)(b) Ohio works first under Chapter 5107. of the Revised	552
Code;	553

(3)(c) Disability financial assistance under Chapter 5115. of	554
the Revised Code.	555

(2) "Rape" means a violation of section 2907.02 of the	556
Revised Code or similar law of another state.	557

(3) "Sexual battery" means a violation of section 2907.03 of	558
the Revised Code or similar law of another state.	559

Section 2.  That existing sections 2105.06, 2151.414,	560
3107.07, and 3111.04 of the Revised Code are hereby repealed.	561