As Re-referred to the Senate Civil Justice Committee

130th General Assembly
Regular Session
2013-2014
Sub. S. B. No. 23


Senators Beagle, Burke 

Cosponsors: Senators Balderson, Hite, Jones, LaRose, Patton, Seitz, Skindell, Tavares, Gardner, Faber, Cafaro, Brown 

A BILL
To amend sections 149.43, 1347.08, 2101.16, 2101.162, 1
2101.24, 3107.071, 3107.081, 3107.082, 3107.083, 2
3107.09, 3107.091, 3107.141, 3107.17, 3107.18, 3
3107.19, 3107.38, 3107.45, 3107.66, 3705.07, 4
3705.08, 3705.12, 3705.23, 3705.241, 3705.29, 5
5103.151, and 5103.152, to enact new sections 6
3107.39 and 3107.40 and sections 3107.171, 7
3107.381, 3705.121, 3705.122, 3705.123, 3705.124, 8
3705.125, and 3705.126, and to repeal sections 9
3107.39, 3107.40, 3107.41, 3107.42, 3107.43, and 10
3107.44 of the Revised Code regarding access to 11
adoption records.12


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

       Section 1. That sections 149.43, 1347.08, 2101.16, 2101.162, 13
2101.24, 3107.071, 3107.081, 3107.082, 3107.083, 3107.09, 14
3107.091, 3107.141, 3107.17, 3107.18, 3107.19, 3107.38, 3107.45, 15
3107.66, 3705.07, 3705.08, 3705.12, 3705.23, 3705.241, 3705.29, 16
5103.151, and 5103.152 be amended and new sections 3107.39 and 17
3107.40 and sections 3107.171, 3107.381, 3705.121, 3705.122, 18
3705.123, 3705.124, 3705.125, and 3705.126 of the Revised Code be 19
enacted to read as follows:20

       Sec. 149.43.  (A) As used in this section:21

       (1) "Public record" means records kept by any public office, 22
including, but not limited to, state, county, city, village, 23
township, and school district units, and records pertaining to the 24
delivery of educational services by an alternative school in this 25
state kept by the nonprofit or for-profit entity operating the 26
alternative school pursuant to section 3313.533 of the Revised 27
Code. "Public record" does not mean any of the following:28

       (a) Medical records;29

       (b) Records pertaining to probation and parole proceedings or 30
to proceedings related to the imposition of community control 31
sanctions and post-release control sanctions;32

       (c) Records pertaining to actions under section 2151.85 and 33
division (C) of section 2919.121 of the Revised Code and to 34
appeals of actions arising under those sections;35

       (d) Records pertaining to adoption proceedings, including the 36
contents of an adoption file maintained by the department of 37
health under sectionsections 3705.12 to 3705.124 of the Revised 38
Code;39

       (e) Information in a record contained in the putative father 40
registry established by section 3107.062 of the Revised Code, 41
regardless of whether the information is held by the department of 42
job and family services or, pursuant to section 3111.69 of the 43
Revised Code, the office of child support in the department or a 44
child support enforcement agency;45

       (f) Records listed in division (A) of section 3107.42 of the 46
Revised Code or specified in division (A) of section 3107.52 of 47
the Revised Code;48

       (g) Trial preparation records;49

       (h) Confidential law enforcement investigatory records;50

       (i) Records containing information that is confidential under 51
section 2710.03 or 4112.05 of the Revised Code;52

       (j) DNA records stored in the DNA database pursuant to 53
section 109.573 of the Revised Code;54

       (k) Inmate records released by the department of 55
rehabilitation and correction to the department of youth services 56
or a court of record pursuant to division (E) of section 5120.21 57
of the Revised Code;58

       (l) Records maintained by the department of youth services 59
pertaining to children in its custody released by the department 60
of youth services to the department of rehabilitation and 61
correction pursuant to section 5139.05 of the Revised Code;62

       (m) Intellectual property records;63

       (n) Donor profile records;64

       (o) Records maintained by the department of job and family 65
services pursuant to section 3121.894 of the Revised Code;66

       (p) Peace officer, parole officer, probation officer, 67
bailiff, prosecuting attorney, assistant prosecuting attorney, 68
correctional employee, community-based correctional facility 69
employee, youth services employee, firefighter, EMT, or 70
investigator of the bureau of criminal identification and 71
investigation residential and familial information;72

       (q) In the case of a county hospital operated pursuant to 73
Chapter 339. of the Revised Code or a municipal hospital operated 74
pursuant to Chapter 749. of the Revised Code, information that 75
constitutes a trade secret, as defined in section 1333.61 of the 76
Revised Code;77

       (r) Information pertaining to the recreational activities of 78
a person under the age of eighteen;79

       (s) Records provided to, statements made by review board 80
members during meetings of, and all work products of a child 81
fatality review board acting under sections 307.621 to 307.629 of 82
the Revised Code, and child fatality review data submitted by the 83
child fatality review board to the department of health or a 84
national child death review database, other than the report 85
prepared pursuant to division (A) of section 307.626 of the 86
Revised Code;87

       (t) Records provided to and statements made by the executive 88
director of a public children services agency or a prosecuting 89
attorney acting pursuant to section 5153.171 of the Revised Code 90
other than the information released under that section;91

       (u) Test materials, examinations, or evaluation tools used in 92
an examination for licensure as a nursing home administrator that 93
the board of examiners of nursing home administrators administers 94
under section 4751.04 of the Revised Code or contracts under that 95
section with a private or government entity to administer;96

       (v) Records the release of which is prohibited by state or 97
federal law;98

       (w) Proprietary information of or relating to any person that 99
is submitted to or compiled by the Ohio venture capital authority 100
created under section 150.01 of the Revised Code;101

       (x) Information reported and evaluations conducted pursuant 102
to section 3701.072 of the Revised Code;103

       (y) Financial statements and data any person submits for any 104
purpose to the Ohio housing finance agency or the controlling 105
board in connection with applying for, receiving, or accounting 106
for financial assistance from the agency, and information that 107
identifies any individual who benefits directly or indirectly from 108
financial assistance from the agency;109

       (z) Records listed in section 5101.29 of the Revised Code;110

       (aa) Discharges recorded with a county recorder under section 111
317.24 of the Revised Code, as specified in division (B)(2) of 112
that section;113

       (bb) Usage information including names and addresses of 114
specific residential and commercial customers of a municipally 115
owned or operated public utility;116

       (cc) Records described in division (C) of section 187.04 of 117
the Revised Code that are not designated to be made available to 118
the public as provided in that division.119

       (2) "Confidential law enforcement investigatory record" means 120
any record that pertains to a law enforcement matter of a 121
criminal, quasi-criminal, civil, or administrative nature, but 122
only to the extent that the release of the record would create a 123
high probability of disclosure of any of the following:124

       (a) The identity of a suspect who has not been charged with 125
the offense to which the record pertains, or of an information 126
source or witness to whom confidentiality has been reasonably 127
promised;128

       (b) Information provided by an information source or witness 129
to whom confidentiality has been reasonably promised, which 130
information would reasonably tend to disclose the source's or 131
witness's identity;132

       (c) Specific confidential investigatory techniques or 133
procedures or specific investigatory work product;134

       (d) Information that would endanger the life or physical 135
safety of law enforcement personnel, a crime victim, a witness, or 136
a confidential information source.137

       (3) "Medical record" means any document or combination of 138
documents, except births, deaths, and the fact of admission to or 139
discharge from a hospital, that pertains to the medical history, 140
diagnosis, prognosis, or medical condition of a patient and that 141
is generated and maintained in the process of medical treatment.142

       (4) "Trial preparation record" means any record that contains 143
information that is specifically compiled in reasonable 144
anticipation of, or in defense of, a civil or criminal action or 145
proceeding, including the independent thought processes and 146
personal trial preparation of an attorney.147

       (5) "Intellectual property record" means a record, other than 148
a financial or administrative record, that is produced or 149
collected by or for faculty or staff of a state institution of 150
higher learning in the conduct of or as a result of study or 151
research on an educational, commercial, scientific, artistic, 152
technical, or scholarly issue, regardless of whether the study or 153
research was sponsored by the institution alone or in conjunction 154
with a governmental body or private concern, and that has not been 155
publicly released, published, or patented.156

       (6) "Donor profile record" means all records about donors or 157
potential donors to a public institution of higher education 158
except the names and reported addresses of the actual donors and 159
the date, amount, and conditions of the actual donation.160

       (7) "Peace officer, parole officer, probation officer, 161
bailiff, prosecuting attorney, assistant prosecuting attorney, 162
correctional employee, community-based correctional facility 163
employee, youth services employee, firefighter, EMT, or 164
investigator of the bureau of criminal identification and 165
investigation residential and familial information" means any 166
information that discloses any of the following about a peace 167
officer, parole officer, probation officer, bailiff, prosecuting 168
attorney, assistant prosecuting attorney, correctional employee, 169
community-based correctional facility employee, youth services 170
employee, firefighter, EMT, or investigator of the bureau of 171
criminal identification and investigation:172

       (a) The address of the actual personal residence of a peace 173
officer, parole officer, probation officer, bailiff, assistant 174
prosecuting attorney, correctional employee, community-based 175
correctional facility employee, youth services employee, 176
firefighter, EMT, or an investigator of the bureau of criminal 177
identification and investigation, except for the state or 178
political subdivision in which the peace officer, parole officer, 179
probation officer, bailiff, assistant prosecuting attorney, 180
correctional employee, community-based correctional facility 181
employee, youth services employee, firefighter, EMT, or 182
investigator of the bureau of criminal identification and 183
investigation resides;184

       (b) Information compiled from referral to or participation in 185
an employee assistance program;186

       (c) The social security number, the residential telephone 187
number, any bank account, debit card, charge card, or credit card 188
number, or the emergency telephone number of, or any medical 189
information pertaining to, a peace officer, parole officer, 190
probation officer, bailiff, prosecuting attorney, assistant 191
prosecuting attorney, correctional employee, community-based 192
correctional facility employee, youth services employee, 193
firefighter, EMT, or investigator of the bureau of criminal 194
identification and investigation;195

       (d) The name of any beneficiary of employment benefits, 196
including, but not limited to, life insurance benefits, provided 197
to a peace officer, parole officer, probation officer, bailiff, 198
prosecuting attorney, assistant prosecuting attorney, correctional 199
employee, community-based correctional facility employee, youth 200
services employee, firefighter, EMT, or investigator of the bureau 201
of criminal identification and investigation by the peace 202
officer's, parole officer's, probation officer's, bailiff's, 203
prosecuting attorney's, assistant prosecuting attorney's, 204
correctional employee's, community-based correctional facility 205
employee's, youth services employee's, firefighter's, EMT's, or 206
investigator of the bureau of criminal identification and 207
investigation's employer;208

       (e) The identity and amount of any charitable or employment 209
benefit deduction made by the peace officer's, parole officer's, 210
probation officer's, bailiff's, prosecuting attorney's, assistant 211
prosecuting attorney's, correctional employee's, community-based 212
correctional facility employee's, youth services employee's, 213
firefighter's, EMT's, or investigator of the bureau of criminal 214
identification and investigation's employer from the peace 215
officer's, parole officer's, probation officer's, bailiff's, 216
prosecuting attorney's, assistant prosecuting attorney's, 217
correctional employee's, community-based correctional facility 218
employee's, youth services employee's, firefighter's, EMT's, or 219
investigator of the bureau of criminal identification and 220
investigation's compensation unless the amount of the deduction is 221
required by state or federal law;222

       (f) The name, the residential address, the name of the 223
employer, the address of the employer, the social security number, 224
the residential telephone number, any bank account, debit card, 225
charge card, or credit card number, or the emergency telephone 226
number of the spouse, a former spouse, or any child of a peace 227
officer, parole officer, probation officer, bailiff, prosecuting 228
attorney, assistant prosecuting attorney, correctional employee, 229
community-based correctional facility employee, youth services 230
employee, firefighter, EMT, or investigator of the bureau of 231
criminal identification and investigation;232

       (g) A photograph of a peace officer who holds a position or 233
has an assignment that may include undercover or plain clothes 234
positions or assignments as determined by the peace officer's 235
appointing authority.236

       As used in divisions (A)(7) and (B)(9) of this section, 237
"peace officer" has the same meaning as in section 109.71 of the 238
Revised Code and also includes the superintendent and troopers of 239
the state highway patrol; it does not include the sheriff of a 240
county or a supervisory employee who, in the absence of the 241
sheriff, is authorized to stand in for, exercise the authority of, 242
and perform the duties of the sheriff.243

       As used in divisions (A)(7) and (B)(5) of this section, 244
"correctional employee" means any employee of the department of 245
rehabilitation and correction who in the course of performing the 246
employee's job duties has or has had contact with inmates and 247
persons under supervision.248

        As used in divisions (A)(7) and (B)(5) of this section, 249
"youth services employee" means any employee of the department of 250
youth services who in the course of performing the employee's job 251
duties has or has had contact with children committed to the 252
custody of the department of youth services.253

       As used in divisions (A)(7) and (B)(9) of this section, 254
"firefighter" means any regular, paid or volunteer, member of a 255
lawfully constituted fire department of a municipal corporation, 256
township, fire district, or village.257

       As used in divisions (A)(7) and (B)(9) of this section, "EMT" 258
means EMTs-basic, EMTs-I, and paramedics that provide emergency 259
medical services for a public emergency medical service 260
organization. "Emergency medical service organization," 261
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in 262
section 4765.01 of the Revised Code.263

       As used in divisions (A)(7) and (B)(9) of this section, 264
"investigator of the bureau of criminal identification and 265
investigation" has the meaning defined in section 2903.11 of the 266
Revised Code.267

       (8) "Information pertaining to the recreational activities of 268
a person under the age of eighteen" means information that is kept 269
in the ordinary course of business by a public office, that 270
pertains to the recreational activities of a person under the age 271
of eighteen years, and that discloses any of the following:272

       (a) The address or telephone number of a person under the age 273
of eighteen or the address or telephone number of that person's 274
parent, guardian, custodian, or emergency contact person;275

       (b) The social security number, birth date, or photographic 276
image of a person under the age of eighteen;277

       (c) Any medical record, history, or information pertaining to 278
a person under the age of eighteen;279

       (d) Any additional information sought or required about a 280
person under the age of eighteen for the purpose of allowing that 281
person to participate in any recreational activity conducted or 282
sponsored by a public office or to use or obtain admission 283
privileges to any recreational facility owned or operated by a 284
public office.285

       (9) "Community control sanction" has the same meaning as in 286
section 2929.01 of the Revised Code.287

       (10) "Post-release control sanction" has the same meaning as 288
in section 2967.01 of the Revised Code.289

        (11) "Redaction" means obscuring or deleting any information 290
that is exempt from the duty to permit public inspection or 291
copying from an item that otherwise meets the definition of a 292
"record" in section 149.011 of the Revised Code.293

       (12) "Designee" and "elected official" have the same meanings 294
as in section 109.43 of the Revised Code.295

       (B)(1) Upon request and subject to division (B)(8) of this 296
section, all public records responsive to the request shall be 297
promptly prepared and made available for inspection to any person 298
at all reasonable times during regular business hours. Subject to 299
division (B)(8) of this section, upon request, a public office or 300
person responsible for public records shall make copies of the 301
requested public record available at cost and within a reasonable 302
period of time. If a public record contains information that is 303
exempt from the duty to permit public inspection or to copy the 304
public record, the public office or the person responsible for the 305
public record shall make available all of the information within 306
the public record that is not exempt. When making that public 307
record available for public inspection or copying that public 308
record, the public office or the person responsible for the public 309
record shall notify the requester of any redaction or make the 310
redaction plainly visible. A redaction shall be deemed a denial of 311
a request to inspect or copy the redacted information, except if 312
federal or state law authorizes or requires a public office to 313
make the redaction.314

       (2) To facilitate broader access to public records, a public 315
office or the person responsible for public records shall organize 316
and maintain public records in a manner that they can be made 317
available for inspection or copying in accordance with division 318
(B) of this section. A public office also shall have available a 319
copy of its current records retention schedule at a location 320
readily available to the public. If a requester makes an ambiguous 321
or overly broad request or has difficulty in making a request for 322
copies or inspection of public records under this section such 323
that the public office or the person responsible for the requested 324
public record cannot reasonably identify what public records are 325
being requested, the public office or the person responsible for 326
the requested public record may deny the request but shall provide 327
the requester with an opportunity to revise the request by 328
informing the requester of the manner in which records are 329
maintained by the public office and accessed in the ordinary 330
course of the public office's or person's duties.331

       (3) If a request is ultimately denied, in part or in whole, 332
the public office or the person responsible for the requested 333
public record shall provide the requester with an explanation, 334
including legal authority, setting forth why the request was 335
denied. If the initial request was provided in writing, the 336
explanation also shall be provided to the requester in writing. 337
The explanation shall not preclude the public office or the person 338
responsible for the requested public record from relying upon 339
additional reasons or legal authority in defending an action 340
commenced under division (C) of this section.341

       (4) Unless specifically required or authorized by state or 342
federal law or in accordance with division (B) of this section, no 343
public office or person responsible for public records may limit 344
or condition the availability of public records by requiring 345
disclosure of the requester's identity or the intended use of the 346
requested public record. Any requirement that the requester 347
disclose the requestor's identity or the intended use of the 348
requested public record constitutes a denial of the request.349

       (5) A public office or person responsible for public records 350
may ask a requester to make the request in writing, may ask for 351
the requester's identity, and may inquire about the intended use 352
of the information requested, but may do so only after disclosing 353
to the requester that a written request is not mandatory and that 354
the requester may decline to reveal the requester's identity or 355
the intended use and when a written request or disclosure of the 356
identity or intended use would benefit the requester by enhancing 357
the ability of the public office or person responsible for public 358
records to identify, locate, or deliver the public records sought 359
by the requester.360

       (6) If any person chooses to obtain a copy of a public record 361
in accordance with division (B) of this section, the public office 362
or person responsible for the public record may require that 363
person to pay in advance the cost involved in providing the copy 364
of the public record in accordance with the choice made by the 365
person seeking the copy under this division. The public office or 366
the person responsible for the public record shall permit that 367
person to choose to have the public record duplicated upon paper, 368
upon the same medium upon which the public office or person 369
responsible for the public record keeps it, or upon any other 370
medium upon which the public office or person responsible for the 371
public record determines that it reasonably can be duplicated as 372
an integral part of the normal operations of the public office or 373
person responsible for the public record. When the person seeking 374
the copy makes a choice under this division, the public office or 375
person responsible for the public record shall provide a copy of 376
it in accordance with the choice made by the person seeking the 377
copy. Nothing in this section requires a public office or person 378
responsible for the public record to allow the person seeking a 379
copy of the public record to make the copies of the public record.380

       (7) Upon a request made in accordance with division (B) of 381
this section and subject to division (B)(6) of this section, a 382
public office or person responsible for public records shall 383
transmit a copy of a public record to any person by United States 384
mail or by any other means of delivery or transmission within a 385
reasonable period of time after receiving the request for the 386
copy. The public office or person responsible for the public 387
record may require the person making the request to pay in advance 388
the cost of postage if the copy is transmitted by United States 389
mail or the cost of delivery if the copy is transmitted other than 390
by United States mail, and to pay in advance the costs incurred 391
for other supplies used in the mailing, delivery, or transmission.392

       Any public office may adopt a policy and procedures that it 393
will follow in transmitting, within a reasonable period of time 394
after receiving a request, copies of public records by United 395
States mail or by any other means of delivery or transmission 396
pursuant to this division. A public office that adopts a policy 397
and procedures under this division shall comply with them in 398
performing its duties under this division.399

       In any policy and procedures adopted under this division, a 400
public office may limit the number of records requested by a 401
person that the office will transmit by United States mail to ten 402
per month, unless the person certifies to the office in writing 403
that the person does not intend to use or forward the requested 404
records, or the information contained in them, for commercial 405
purposes. For purposes of this division, "commercial" shall be 406
narrowly construed and does not include reporting or gathering 407
news, reporting or gathering information to assist citizen 408
oversight or understanding of the operation or activities of 409
government, or nonprofit educational research.410

       (8) A public office or person responsible for public records 411
is not required to permit a person who is incarcerated pursuant to 412
a criminal conviction or a juvenile adjudication to inspect or to 413
obtain a copy of any public record concerning a criminal 414
investigation or prosecution or concerning what would be a 415
criminal investigation or prosecution if the subject of the 416
investigation or prosecution were an adult, unless the request to 417
inspect or to obtain a copy of the record is for the purpose of 418
acquiring information that is subject to release as a public 419
record under this section and the judge who imposed the sentence 420
or made the adjudication with respect to the person, or the 421
judge's successor in office, finds that the information sought in 422
the public record is necessary to support what appears to be a 423
justiciable claim of the person.424

       (9)(a) Upon written request made and signed by a journalist 425
on or after December 16, 1999, a public office, or person 426
responsible for public records, having custody of the records of 427
the agency employing a specified peace officer, parole officer, 428
probation officer, bailiff, prosecuting attorney, assistant 429
prosecuting attorney, correctional employee, community-based 430
correctional facility employee, youth services employee, 431
firefighter, EMT, or investigator of the bureau of criminal 432
identification and investigation shall disclose to the journalist 433
the address of the actual personal residence of the peace officer, 434
parole officer, probation officer, bailiff, prosecuting attorney, 435
assistant prosecuting attorney, correctional employee, 436
community-based correctional facility employee, youth services 437
employee, firefighter, EMT, or investigator of the bureau of 438
criminal identification and investigation and, if the peace 439
officer's, parole officer's, probation officer's, bailiff's, 440
prosecuting attorney's, assistant prosecuting attorney's, 441
correctional employee's, community-based correctional facility 442
employee's, youth services employee's, firefighter's, EMT's, or 443
investigator of the bureau of criminal identification and 444
investigation's spouse, former spouse, or child is employed by a 445
public office, the name and address of the employer of the peace 446
officer's, parole officer's, probation officer's, bailiff's, 447
prosecuting attorney's, assistant prosecuting attorney's, 448
correctional employee's, community-based correctional facility 449
employee's, youth services employee's, firefighter's, EMT's, or 450
investigator of the bureau of criminal identification and 451
investigation's spouse, former spouse, or child. The request shall 452
include the journalist's name and title and the name and address 453
of the journalist's employer and shall state that disclosure of 454
the information sought would be in the public interest.455

       (b) Division (B)(9)(a) of this section also applies to 456
journalist requests for customer information maintained by a 457
municipally owned or operated public utility, other than social 458
security numbers and any private financial information such as 459
credit reports, payment methods, credit card numbers, and bank 460
account information.461

       (c) As used in division (B)(9) of this section, "journalist" 462
means a person engaged in, connected with, or employed by any news 463
medium, including a newspaper, magazine, press association, news 464
agency, or wire service, a radio or television station, or a 465
similar medium, for the purpose of gathering, processing, 466
transmitting, compiling, editing, or disseminating information for 467
the general public.468

       (C)(1) If a person allegedly is aggrieved by the failure of a 469
public office or the person responsible for public records to 470
promptly prepare a public record and to make it available to the 471
person for inspection in accordance with division (B) of this 472
section or by any other failure of a public office or the person 473
responsible for public records to comply with an obligation in 474
accordance with division (B) of this section, the person allegedly 475
aggrieved may commence a mandamus action to obtain a judgment that 476
orders the public office or the person responsible for the public 477
record to comply with division (B) of this section, that awards 478
court costs and reasonable attorney's fees to the person that 479
instituted the mandamus action, and, if applicable, that includes 480
an order fixing statutory damages under division (C)(1) of this 481
section. The mandamus action may be commenced in the court of 482
common pleas of the county in which division (B) of this section 483
allegedly was not complied with, in the supreme court pursuant to 484
its original jurisdiction under Section 2 of Article IV, Ohio 485
Constitution, or in the court of appeals for the appellate 486
district in which division (B) of this section allegedly was not 487
complied with pursuant to its original jurisdiction under Section 488
3 of Article IV, Ohio Constitution.489

       If a requestor transmits a written request by hand delivery 490
or certified mail to inspect or receive copies of any public 491
record in a manner that fairly describes the public record or 492
class of public records to the public office or person responsible 493
for the requested public records, except as otherwise provided in 494
this section, the requestor shall be entitled to recover the 495
amount of statutory damages set forth in this division if a court 496
determines that the public office or the person responsible for 497
public records failed to comply with an obligation in accordance 498
with division (B) of this section.499

       The amount of statutory damages shall be fixed at one hundred 500
dollars for each business day during which the public office or 501
person responsible for the requested public records failed to 502
comply with an obligation in accordance with division (B) of this 503
section, beginning with the day on which the requester files a 504
mandamus action to recover statutory damages, up to a maximum of 505
one thousand dollars. The award of statutory damages shall not be 506
construed as a penalty, but as compensation for injury arising 507
from lost use of the requested information. The existence of this 508
injury shall be conclusively presumed. The award of statutory 509
damages shall be in addition to all other remedies authorized by 510
this section.511

       The court may reduce an award of statutory damages or not 512
award statutory damages if the court determines both of the 513
following:514

       (a) That, based on the ordinary application of statutory law 515
and case law as it existed at the time of the conduct or 516
threatened conduct of the public office or person responsible for 517
the requested public records that allegedly constitutes a failure 518
to comply with an obligation in accordance with division (B) of 519
this section and that was the basis of the mandamus action, a 520
well-informed public office or person responsible for the 521
requested public records reasonably would believe that the conduct 522
or threatened conduct of the public office or person responsible 523
for the requested public records did not constitute a failure to 524
comply with an obligation in accordance with division (B) of this 525
section;526

       (b) That a well-informed public office or person responsible 527
for the requested public records reasonably would believe that the 528
conduct or threatened conduct of the public office or person 529
responsible for the requested public records would serve the 530
public policy that underlies the authority that is asserted as 531
permitting that conduct or threatened conduct.532

       (2)(a) If the court issues a writ of mandamus that orders the 533
public office or the person responsible for the public record to 534
comply with division (B) of this section and determines that the 535
circumstances described in division (C)(1) of this section exist, 536
the court shall determine and award to the relator all court 537
costs.538

       (b) If the court renders a judgment that orders the public 539
office or the person responsible for the public record to comply 540
with division (B) of this section, the court may award reasonable 541
attorney's fees subject to reduction as described in division 542
(C)(2)(c) of this section. The court shall award reasonable 543
attorney's fees, subject to reduction as described in division 544
(C)(2)(c) of this section when either of the following applies:545

        (i) The public office or the person responsible for the 546
public records failed to respond affirmatively or negatively to 547
the public records request in accordance with the time allowed 548
under division (B) of this section.549

        (ii) The public office or the person responsible for the 550
public records promised to permit the relator to inspect or 551
receive copies of the public records requested within a specified 552
period of time but failed to fulfill that promise within that 553
specified period of time.554

       (c) Court costs and reasonable attorney's fees awarded under 555
this section shall be construed as remedial and not punitive. 556
Reasonable attorney's fees shall include reasonable fees incurred 557
to produce proof of the reasonableness and amount of the fees and 558
to otherwise litigate entitlement to the fees. The court may 559
reduce an award of attorney's fees to the relator or not award 560
attorney's fees to the relator if the court determines both of the 561
following:562

       (i) That, based on the ordinary application of statutory law 563
and case law as it existed at the time of the conduct or 564
threatened conduct of the public office or person responsible for 565
the requested public records that allegedly constitutes a failure 566
to comply with an obligation in accordance with division (B) of 567
this section and that was the basis of the mandamus action, a 568
well-informed public office or person responsible for the 569
requested public records reasonably would believe that the conduct 570
or threatened conduct of the public office or person responsible 571
for the requested public records did not constitute a failure to 572
comply with an obligation in accordance with division (B) of this 573
section;574

       (ii) That a well-informed public office or person responsible 575
for the requested public records reasonably would believe that the 576
conduct or threatened conduct of the public office or person 577
responsible for the requested public records as described in 578
division (C)(2)(c)(i) of this section would serve the public 579
policy that underlies the authority that is asserted as permitting 580
that conduct or threatened conduct.581

       (D) Chapter 1347. of the Revised Code does not limit the 582
provisions of this section.583

       (E)(1) To ensure that all employees of public offices are 584
appropriately educated about a public office's obligations under 585
division (B) of this section, all elected officials or their 586
appropriate designees shall attend training approved by the 587
attorney general as provided in section 109.43 of the Revised 588
Code. In addition, all public offices shall adopt a public records 589
policy in compliance with this section for responding to public 590
records requests. In adopting a public records policy under this 591
division, a public office may obtain guidance from the model 592
public records policy developed and provided to the public office 593
by the attorney general under section 109.43 of the Revised Code. 594
Except as otherwise provided in this section, the policy may not 595
limit the number of public records that the public office will 596
make available to a single person, may not limit the number of 597
public records that it will make available during a fixed period 598
of time, and may not establish a fixed period of time before it 599
will respond to a request for inspection or copying of public 600
records, unless that period is less than eight hours.601

       (2) The public office shall distribute the public records 602
policy adopted by the public office under division (E)(1) of this 603
section to the employee of the public office who is the records 604
custodian or records manager or otherwise has custody of the 605
records of that office. The public office shall require that 606
employee to acknowledge receipt of the copy of the public records 607
policy. The public office shall create a poster that describes its 608
public records policy and shall post the poster in a conspicuous 609
place in the public office and in all locations where the public 610
office has branch offices. The public office may post its public 611
records policy on the internet web site of the public office if 612
the public office maintains an internet web site. A public office 613
that has established a manual or handbook of its general policies 614
and procedures for all employees of the public office shall 615
include the public records policy of the public office in the 616
manual or handbook.617

       (F)(1) The bureau of motor vehicles may adopt rules pursuant 618
to Chapter 119. of the Revised Code to reasonably limit the number 619
of bulk commercial special extraction requests made by a person 620
for the same records or for updated records during a calendar 621
year. The rules may include provisions for charges to be made for 622
bulk commercial special extraction requests for the actual cost of 623
the bureau, plus special extraction costs, plus ten per cent. The 624
bureau may charge for expenses for redacting information, the 625
release of which is prohibited by law.626

       (2) As used in division (F)(1) of this section:627

       (a) "Actual cost" means the cost of depleted supplies, 628
records storage media costs, actual mailing and alternative 629
delivery costs, or other transmitting costs, and any direct 630
equipment operating and maintenance costs, including actual costs 631
paid to private contractors for copying services.632

       (b) "Bulk commercial special extraction request" means a 633
request for copies of a record for information in a format other 634
than the format already available, or information that cannot be 635
extracted without examination of all items in a records series, 636
class of records, or data basedatabase by a person who intends to 637
use or forward the copies for surveys, marketing, solicitation, or 638
resale for commercial purposes. "Bulk commercial special 639
extraction request" does not include a request by a person who 640
gives assurance to the bureau that the person making the request 641
does not intend to use or forward the requested copies for 642
surveys, marketing, solicitation, or resale for commercial 643
purposes.644

       (c) "Commercial" means profit-seeking production, buying, or 645
selling of any good, service, or other product.646

       (d) "Special extraction costs" means the cost of the time 647
spent by the lowest paid employee competent to perform the task, 648
the actual amount paid to outside private contractors employed by 649
the bureau, or the actual cost incurred to create computer 650
programs to make the special extraction. "Special extraction 651
costs" include any charges paid to a public agency for computer or 652
records services.653

       (3) For purposes of divisions (F)(1) and (2) of this section, 654
"surveys, marketing, solicitation, or resale for commercial 655
purposes" shall be narrowly construed and does not include 656
reporting or gathering news, reporting or gathering information to 657
assist citizen oversight or understanding of the operation or 658
activities of government, or nonprofit educational research.659

       Sec. 1347.08.  (A) Every state or local agency that maintains 660
a personal information system, upon the request and the proper 661
identification of any person who is the subject of personal 662
information in the system, shall:663

       (1) Inform the person of the existence of any personal 664
information in the system of which the person is the subject;665

       (2) Except as provided in divisions (C) and (E)(2) of this 666
section, permit the person, the person's legal guardian, or an 667
attorney who presents a signed written authorization made by the 668
person, to inspect all personal information in the system of which 669
the person is the subject;670

       (3) Inform the person about the types of uses made of the 671
personal information, including the identity of any users usually 672
granted access to the system.673

       (B) Any person who wishes to exercise a right provided by 674
this section may be accompanied by another individual of the 675
person's choice.676

       (C)(1) A state or local agency, upon request, shall disclose 677
medical, psychiatric, or psychological information to a person who 678
is the subject of the information or to the person's legal 679
guardian, unless a physician, psychiatrist, or psychologist 680
determines for the agency that the disclosure of the information 681
is likely to have an adverse effect on the person, in which case 682
the information shall be released to a physician, psychiatrist, or 683
psychologist who is designated by the person or by the person's 684
legal guardian.685

       (2) Upon the signed written request of either a licensed 686
attorney at law or a licensed physician designated by the inmate, 687
together with the signed written request of an inmate of a 688
correctional institution under the administration of the 689
department of rehabilitation and correction, the department shall 690
disclose medical information to the designated attorney or 691
physician as provided in division (C) of section 5120.21 of the 692
Revised Code.693

       (D) If an individual who is authorized to inspect personal 694
information that is maintained in a personal information system 695
requests the state or local agency that maintains the system to 696
provide a copy of any personal information that the individual is 697
authorized to inspect, the agency shall provide a copy of the 698
personal information to the individual. Each state and local 699
agency may establish reasonable fees for the service of copying, 700
upon request, personal information that is maintained by the 701
agency.702

       (E)(1) This section regulates access to personal information 703
that is maintained in a personal information system by persons who 704
are the subject of the information, but does not limit the 705
authority of any person, including a person who is the subject of 706
personal information maintained in a personal information system, 707
to inspect or have copied, pursuant to section 149.43 of the 708
Revised Code, a public record as defined in that section.709

       (2) This section does not provide a person who is the subject 710
of personal information maintained in a personal information 711
system, the person's legal guardian, or an attorney authorized by 712
the person, with a right to inspect or have copied, or require an 713
agency that maintains a personal information system to permit the 714
inspection of or to copy, a confidential law enforcement 715
investigatory record or trial preparation record, as defined in 716
divisions (A)(2) and (4) of section 149.43 of the Revised Code.717

       (F) This section does not apply to any of the following:718

       (1) The contents of an adoption file maintained by the 719
department of health under sectionsections 3705.12 to 3705.124 of 720
the Revised Code;721

       (2) Information contained in the putative father registry 722
established by section 3107.062 of the Revised Code, regardless of 723
whether the information is held by the department of job and 724
family services or, pursuant to section 3111.69 of the Revised 725
Code, the office of child support in the department or a child 726
support enforcement agency;727

       (3) Papers, records, and books that pertain to an adoption 728
and that are subject to inspection in accordance with section 729
3107.17 of the Revised Code;730

       (4) Records listed in division (A) of section 3107.42 of the 731
Revised Code or specified in division (A) of section 3107.52 of 732
the Revised Code;733

       (5) Records that identify an individual described in division 734
(A)(1) of section 3721.031 of the Revised Code, or that would tend 735
to identify such an individual;736

       (6) Files and records that have been expunged under division 737
(D)(1) or (2) of section 3721.23 of the Revised Code;738

       (7) Records that identify an individual described in division 739
(A)(1) of section 3721.25 of the Revised Code, or that would tend 740
to identify such an individual;741

       (8) Records that identify an individual described in division 742
(A)(1) of section 5111.61 of the Revised Code, or that would tend 743
to identify such an individual;744

       (9) Test materials, examinations, or evaluation tools used in 745
an examination for licensure as a nursing home administrator that 746
the board of examiners of nursing home administrators administers 747
under section 4751.04 of the Revised Code or contracts under that 748
section with a private or government entity to administer;749

       (10) Information contained in a database established and 750
maintained pursuant to section 5101.13 of the Revised Code.751

       Sec. 2101.16.  (A) Except as provided in section 2101.164 of 752
the Revised Code, the fees enumerated in this division shall be 753
charged and collected, if possible, by the probate judge and shall 754
be in full for all services rendered in the respective 755
proceedings:756

(1) Account, in addition to advertising charges 757
$ 12.00 758
Waivers and proof of notice of hearing on account, per page, minimum one dollar 759
$ 1.00 760
(2) Account of distribution, in addition to advertising charges 761
$ 7.00 762
(3) Adoption of child, petition for 763
$ 50.00 764
(4) Alter or cancel contract for sale or purchase of real property, complaint to 765
$ 20.00 766
(5) Application and order not otherwise provided for in this section or by rule adopted pursuant to division (E) of this section 767
$ 5.00 768
(6) Appropriation suit, per day, hearing in 769
$ 20.00 770
(7) Birth, application for registration of 771
$ 7.00 772
(8) Birth record, application to correct 773
$ 5.00 774
(9) Bond, application for new or additional 775
$ 5.00 776
(10) Bond, application for release of surety or reduction of 777
$ 5.00 778
(11) Bond, receipt for securities deposited in lieu of 779
$ 5.00 780
(12) Certified copy of journal entry, record, or proceeding, per page, minimum fee one dollar 781
$ 1.00 782
(13) Citation and issuing citation, application for 783
$ 5.00 784
(14) Change of name, petition for 785
$ 20.00 786
(15) Claim, application of administrator or executor for allowance of administrator's or executor's own 787
$ 10.00 788
(16) Claim, application to compromise or settle 789
$ 10.00 790
(17) Claim, authority to present 791
$ 10.00 792
(18) Commissioner, appointment of 793
$ 5.00 794
(19) Compensation for extraordinary services and attorney's fees for fiduciary, application for 795
$ 5.00 796
(20) Competency, application to procure adjudication of 797
$ 20.00 798
(21) Complete contract, application to 799
$ 10.00 800
(22) Concealment of assets, citation for 801
$ 10.00 802
(23) Construction of will, complaint for 803
$ 20.00 804
(24) Continue decedent's business, application to 805
$ 10.00 806
Monthly reports of operation 807
$ 5.00 808
(25) Declaratory judgment, complaint for 809
$ 20.00 810
(26) Deposit of will 811
$ 5.00 812
(27) Designation of heir 813
$ 20.00 814
(28) Distribution in kind, application, assent, and order for 815
$ 5.00 816
(29) Distribution under section 2109.36 of the Revised Code, application for an order of 817
$ 7.00 818
(30) Docketing and indexing proceedings, including the filing and noting of all necessary documents, maximum fee, fifteen dollars 819
$ 15.00 820
(31) Exceptions to any proceeding named in this section, contest of appointment or 821
$ 10.00 822
(32) Election of surviving partner to purchase assets of partnership, proceedings relating to 823
$ 10.00 824
(33) Election of surviving spouse under will 825
$ 5.00 826
(34) Fiduciary, including an assignee or trustee of an insolvent debtor or any guardian or conservator accountable to the probate court, appointment of 827
$ 35.00 828
(35) Foreign will, application to record 829
$ 10.00 830
Record of foreign will, additional, per page 831
$ 1.00 832
(36) Forms when supplied by the probate court, not to exceed 833
$ 10.00 834
(37) Heirship, complaint to determine 835
$ 20.00 836
(38) Injunction proceedings 837
$ 20.00 838
(39) Improve real property, petition to 839
$ 20.00 840
(40) Inventory with appraisement 841
$ 10.00 842
(41) Inventory without appraisement 843
$ 7.00 844
(42) Investment or expenditure of funds, application for 845
$ 10.00 846
(43) Invest in real property, application to 847
$ 10.00 848
(44) Lease for oil, gas, coal, or other mineral, petition to 849
$ 20.00 850
(45) Lease or lease and improve real property, petition to 851
$ 20.00 852
(46) Marriage license 853
$ 10.00 854
Certified abstract of each marriage 855
$ 2.00 856
(47) Minor or incompetent person, etc., disposal of estate under twenty-five thousand dollars of 857
$ 10.00 858
(48) Mortgage or mortgage and repair or improve real property, complaint to 859
$ 20.00 860
(49) Newly discovered assets, report of 861
$ 7.00 862
(50) Nonresident executor or administrator to bar creditors' claims, proceedings by 863
$ 20.00 864
(51) Power of attorney or revocation of power, bonding company 865
$ 10.00 866
(52) Presumption of death, petition to establish 867
$ 20.00 868
(53) Probating will 869
$ 15.00 870
Proof of notice to beneficiaries 871
$ 5.00 872
(54) Purchase personal property, application of surviving spouse to 873
$ 10.00 874
(55) Purchase real property at appraised value, petition of surviving spouse to 875
$ 20.00 876
(56) Receipts in addition to advertising charges, application and order to record 877
$ 5.00 878
Record of those receipts, additional, per page 879
$ 1.00 880
(57) Record in excess of fifteen hundred words in any proceeding in the probate court, per page 881
$ 1.00 882
(58) Release of estate by mortgagee or other lienholder 883
$ 5.00 884
(59) Relieving an estate from administration under section 2113.03 of the Revised Code or granting an order for a summary release from administration under section 2113.031 of the Revised Code 885
$ 60.00 886
(60) Removal of fiduciary, application for 887
$ 10.00 888
(61) Requalification of executor or administrator 889
$ 10.00 890
(62) Resignation of fiduciary 891
$ 5.00 892
(63) Sale bill, public sale of personal property 893
$ 10.00 894
(64) Sale of personal property and report, application for 895
$ 10.00 896
(65) Sale of real property, petition for 897
$ 25.00 898
(66) Terminate guardianship, petition to 899
$ 10.00 900
(67) Transfer of real property, application, entry, and certificate for 901
$ 7.00 902
(68) Unclaimed money, application to invest 903
$ 7.00 904
(69) Vacate approval of account or order of distribution, motion to 905
$ 10.00 906
(70) Writ of execution 907
$ 5.00 908
(71) Writ of possession 909
$ 5.00 910
(72) Wrongful death, application and settlement of claim for 911
$ 20.00 912
(73) Year's allowance, petition to review 913
$ 7.00 914
(74) Guardian's report, filing and review of 915
$ 5.00 916

       (B)(1) In relation to an application for the appointment of a 917
guardian or the review of a report of a guardian under section 918
2111.49 of the Revised Code, the probate court, pursuant to court 919
order or in accordance with a court rule, may direct that the 920
applicant or the estate pay any or all of the expenses of an 921
investigation conducted pursuant to section 2111.041 or division 922
(A)(2) of section 2111.49 of the Revised Code. If the 923
investigation is conducted by a public employee or investigator 924
who is paid by the county, the fees for the investigation shall be 925
paid into the county treasury. If the court finds that an alleged 926
incompetent or a ward is indigent, the court may waive the costs, 927
fees, and expenses of an investigation.928

       (2) In relation to the appointment or functioning of a 929
guardian for a minor or the guardianship of a minor, the probate 930
court may direct that the applicant or the estate pay any or all 931
of the expenses of an investigation conducted pursuant to section 932
2111.042 of the Revised Code. If the investigation is conducted by 933
a public employee or investigator who is paid by the county, the 934
fees for the investigation shall be paid into the county treasury. 935
If the court finds that the guardian or applicant is indigent, the 936
court may waive the costs, fees, and expenses of an investigation.937

       (C) Thirty dollars of the thirty-five-dollar fee collected 938
pursuant to division (A)(34) of this section and twenty dollars of 939
the sixty-dollar fee collected pursuant to division (A)(59) of 940
this section shall be deposited by the county treasurer in the 941
indigent guardianship fund created pursuant to section 2111.51 of 942
the Revised Code.943

       (D) The fees of witnesses, jurors, sheriffs, coroners, and 944
constables for services rendered in the probate court or by order 945
of the probate judge shall be the same as provided for similar 946
services in the court of common pleas.947

       (E) The probate court, by rule, may require an advance 948
deposit for costs, not to exceed one hundred twenty-five dollars, 949
at the time application is made for an appointment as executor or 950
administrator or at the time a will is presented for probate.951

       (F) The probate court, by rule, shall establish a reasonable 952
fee, not to exceed fifty dollars, for the filing of a petition for 953
the release of information regarding an adopted person's name by 954
birth and the identity of the adopted person's biological parents 955
and biological siblings pursuant to section 3107.41 of the Revised 956
Code, all proceedings relative to the petition, the entry of an 957
order relative to the petition, and all services required to be 958
performed in connection with the petition. The probate court may 959
use a reasonable portion of a fee charged under authority of this 960
division to reimburse any agency, as defined in section 3107.39 of 961
the Revised Code, for any services it renders in performing a task 962
described in section 3107.41 of the Revised Code relative to or in 963
connection with the petition for which the fee was charged.964

       (G)(1) Thirty dollars of the fifty-dollar fee collected 965
pursuant to division (A)(3) of this section shall be deposited 966
into the "putative father registry fund," which is hereby created 967
in the state treasury. The department of job and family services 968
shall use the money in the fund to fund the department's costs of 969
performing its duties related to the putative father registry 970
established under section 3107.062 of the Revised Code.971

       (2) If the department determines that money in the putative 972
father registry fund is more than is needed for its duties related 973
to the putative father registry, the department may use the 974
surplus moneys in the fund as permitted in division (C) of section 975
2151.3529, division (B) of section 2151.3530, or section 5103.155 976
of the Revised Code.977

       Sec. 2101.162.  (A)(1) The probate judge may determine that, 978
for the efficient operation of the probate court, additional funds 979
are required to computerize the court, make available computerized 980
legal research services, or to do both. Upon making a 981
determination that additional funds are required for either or 982
both of those purposes, the probate judge shall charge a fee not 983
to exceed three dollars or authorize and direct a deputy clerk of 984
the probate court to charge a fee not to exceed three dollars, in 985
addition to the fees specified in divisions (A)(1), (3), (4), (6), 986
(14) to (17), (20) to (25), (27), (30) to (32), (34), (35), (37) 987
to (48), (50) to (55), (59) to (61), (63) to (66), (69), and (72) 988
of section 2101.16 of the Revised Code, the fee adopted pursuant 989
to division (F) of that section, and the fee charged in connection 990
with the docketing and indexing of an appeal.991

       (2) All moneys collected under division (A)(1) of this 992
section shall be paid to the county treasurer. The treasurer shall 993
place the moneys from the fees in a separate fund to be disbursed, 994
upon an order of the probate judge, in an amount no greater than 995
the actual cost to the court of procuring and maintaining 996
computerization of the court, computerized legal research 997
services, or both.998

       (3) If the court determines that the funds in the fund 999
described in division (A)(2) of this section are more than 1000
sufficient to satisfy the purpose for which the additional fee 1001
described in division (A)(1) of this section was imposed, the 1002
court may declare a surplus in the fund and expend those surplus 1003
funds for other appropriate technological expenses of the court.1004

       (B)(1) The probate judge may determine that, for the 1005
efficient operation of the probate court, additional funds are 1006
required to computerize the office of the clerk of the court and, 1007
upon that determination, may charge a fee, not to exceed ten 1008
dollars, or authorize and direct a deputy clerk of the probate 1009
court to charge a fee, not to exceed ten dollars, in addition to 1010
the fees specified in divisions (A)(1), (3), (4), (6), (14) to 1011
(17), (20) to (25), (27), (30) to (32), (34), (35), (37) to (48), 1012
(50) to (55), (59) to (61), (63) to (66), (69), and (72) of 1013
section 2101.16 of the Revised Code, the fee adopted pursuant to 1014
division (F) of that section, and the fee charged in connection 1015
with the docketing and indexing of an appeal. Subject to division 1016
(B)(2) of this section, all moneys collected under this division 1017
shall be paid to the county treasurer to be disbursed, upon an 1018
order of the probate judge and subject to appropriation by the 1019
board of county commissioners, in an amount no greater than the 1020
actual cost to the probate court of procuring and maintaining 1021
computer systems for the office of the clerk of the court.1022

       (2) If the probate judge makes the determination described in 1023
division (B)(1) of this section, the board of county commissioners 1024
may issue one or more general obligation bonds for the purpose of 1025
procuring and maintaining the computer systems for the office of 1026
the clerk of the probate court. In addition to the purposes stated 1027
in division (B)(1) of this section for which the moneys collected 1028
under that division may be expended, the moneys additionally may 1029
be expended to pay debt charges on and financing costs related to 1030
any general obligation bonds issued pursuant to this division as 1031
they become due. General obligation bonds issued pursuant to this 1032
division are Chapter 133. securities.1033

       Sec. 2101.24.  (A)(1) Except as otherwise provided by law, 1034
the probate court has exclusive jurisdiction:1035

       (a) To take the proof of wills and to admit to record 1036
authenticated copies of wills executed, proved, and allowed in the 1037
courts of any other state, territory, or country. If the probate 1038
judge is unavoidably absent, any judge of the court of common 1039
pleas may take proof of wills and approve bonds to be given, but 1040
the record of these acts shall be preserved in the usual records 1041
of the probate court.1042

       (b) To grant and revoke letters testamentary and of 1043
administration;1044

       (c) To direct and control the conduct and settle the accounts 1045
of executors and administrators and order the distribution of 1046
estates;1047

       (d) To appoint the attorney general to serve as the 1048
administrator of an estate pursuant to section 2113.06 of the 1049
Revised Code;1050

       (e) To appoint and remove guardians, conservators, and 1051
testamentary trustees, direct and control their conduct, and 1052
settle their accounts;1053

       (f) To grant marriage licenses;1054

       (g) To make inquests respecting persons who are so mentally 1055
impaired as a result of a mental or physical illness or 1056
disability, or mental retardation, or as a result of chronic 1057
substance abuse, that they are unable to manage their property and 1058
affairs effectively, subject to guardianship;1059

       (h) To qualify assignees, appoint and qualify trustees and 1060
commissioners of insolvents, control their conduct, and settle 1061
their accounts;1062

       (i) To authorize the sale of lands, equitable estates, or 1063
interests in lands or equitable estates, and the assignments of 1064
inchoate dower in such cases of sale, on petition by executors, 1065
administrators, and guardians;1066

       (j) To authorize the completion of real property contracts on 1067
petition of executors and administrators;1068

       (k) To construe wills;1069

       (l) To render declaratory judgments, including, but not 1070
limited to, those rendered pursuant to section 2107.084 of the 1071
Revised Code;1072

       (m) To direct and control the conduct of fiduciaries and 1073
settle their accounts;1074

       (n) To authorize the sale or lease of any estate created by 1075
will if the estate is held in trust, on petition by the trustee;1076

       (o) To terminate a testamentary trust in any case in which a 1077
court of equity may do so;1078

       (p) To hear and determine actions to contest the validity of 1079
wills;1080

       (q) To make a determination of the presumption of death of 1081
missing persons and to adjudicate the property rights and 1082
obligations of all parties affected by the presumption;1083

       (r) To hear and determine an action commenced pursuant to 1084
section 3107.41 of the Revised Code to obtain the release of 1085
information pertaining to the birth name of the adopted person and 1086
the identity of the adopted person's biological parents and 1087
biological siblings;1088

       (s) To act for and issue orders regarding wards pursuant to 1089
section 2111.50 of the Revised Code;1090

       (t)(s) To hear and determine actions against sureties on the 1091
bonds of fiduciaries appointed by the probate court;1092

       (u)(t) To hear and determine actions involving informed 1093
consent for medication of persons hospitalized pursuant to section 1094
5122.141 or 5122.15 of the Revised Code;1095

       (v)(u) To hear and determine actions relating to durable 1096
powers of attorney for health care as described in division (D) of 1097
section 1337.16 of the Revised Code;1098

       (w)(v) To hear and determine actions commenced by objecting 1099
individuals, in accordance with section 2133.05 of the Revised 1100
Code;1101

       (x)(w) To hear and determine complaints that pertain to the 1102
use or continuation, or the withholding or withdrawal, of 1103
life-sustaining treatment in connection with certain patients 1104
allegedly in a terminal condition or in a permanently unconscious 1105
state pursuant to division (E) of section 2133.08 of the Revised 1106
Code, in accordance with that division;1107

       (y)(x) To hear and determine applications that pertain to the 1108
withholding or withdrawal of nutrition and hydration from certain 1109
patients allegedly in a permanently unconscious state pursuant to 1110
section 2133.09 of the Revised Code, in accordance with that 1111
section;1112

       (z)(y) To hear and determine applications of attending 1113
physicians in accordance with division (B) of section 2133.15 of 1114
the Revised Code;1115

       (aa)(z) To hear and determine actions relative to the use or 1116
continuation of comfort care in connection with certain principals 1117
under durable powers of attorney for health care, declarants under 1118
declarations, or patients in accordance with division (E) of 1119
either section 1337.16 or 2133.12 of the Revised Code;1120

       (bb)(aa) To hear and determine applications for an order 1121
relieving an estate from administration under section 2113.03 of 1122
the Revised Code;1123

       (cc)(bb) To hear and determine applications for an order 1124
granting a summary release from administration under section 1125
2113.031 of the Revised Code;1126

       (dd)(cc) To hear and determine actions relating to the 1127
exercise of the right of disposition, in accordance with section 1128
2108.90 of the Revised Code;1129

       (ee)(dd) To hear and determine actions relating to the 1130
disinterment and reinterment of human remains under section 517.23 1131
of the Revised Code;1132

       (ff)(ee) To hear and determine petitions for an order for 1133
treatment of a person suffering from alcohol and other drug abuse 1134
filed under section 3793.34 of the Revised Code and to order 1135
treatment of that nature in accordance with, and take other 1136
actions afforded to the court under, sections 3793.31 to 3793.39 1137
of the Revised Code.1138

       (2) In addition to the exclusive jurisdiction conferred upon 1139
the probate court by division (A)(1) of this section, the probate 1140
court shall have exclusive jurisdiction over a particular subject 1141
matter if both of the following apply:1142

       (a) Another section of the Revised Code expressly confers 1143
jurisdiction over that subject matter upon the probate court.1144

       (b) No section of the Revised Code expressly confers 1145
jurisdiction over that subject matter upon any other court or 1146
agency.1147

       (B)(1) The probate court has concurrent jurisdiction with, 1148
and the same powers at law and in equity as, the general division 1149
of the court of common pleas to issue writs and orders, and to 1150
hear and determine actions as follows:1151

       (a) If jurisdiction relative to a particular subject matter 1152
is stated to be concurrent in a section of the Revised Code or has 1153
been construed by judicial decision to be concurrent, any action 1154
that involves that subject matter;1155

       (b) Any action that involves an inter vivos trust; a trust 1156
created pursuant to section 5815.28 of the Revised Code; a 1157
charitable trust or foundation; subject to divisions (A)(1)(u)(t)1158
and (z)(y) of this section, a power of attorney, including, but 1159
not limited to, a durable power of attorney; the medical treatment 1160
of a competent adult; or a writ of habeas corpus;1161

       (c) Subject to section 2101.31 of the Revised Code, any 1162
action with respect to a probate estate, guardianship, trust, or 1163
post-death dispute that involves any of the following:1164

        (i) A designation or removal of a beneficiary of a life 1165
insurance policy, annuity contract, retirement plan, brokerage 1166
account, security account, bank account, real property, or 1167
tangible personal property;1168

        (ii) A designation or removal of a payable-on-death 1169
beneficiary or transfer-on-death beneficiary;1170

        (iii) A change in the title to any asset involving a joint 1171
and survivorship interest;1172

        (iv) An alleged gift;1173

        (v) The passing of assets upon the death of an individual 1174
otherwise than by will, intestate succession, or trust.1175

       (2) Any action that involves a concurrent jurisdiction 1176
subject matter and that is before the probate court may be 1177
transferred by the probate court, on its order, to the general 1178
division of the court of common pleas.1179

       (C) The probate court has plenary power at law and in equity 1180
to dispose fully of any matter that is properly before the court, 1181
unless the power is expressly otherwise limited or denied by a 1182
section of the Revised Code.1183

       (D) The jurisdiction acquired by a probate court over a 1184
matter or proceeding is exclusive of that of any other probate 1185
court, except when otherwise provided by law.1186

       Sec. 3107.071.  If a parent enters into a voluntary permanent 1187
custody surrender agreement under division (B)(2) of section 1188
5103.15 of the Revised Code on or after the effective date of this 1189
sectionSeptember 18, 1996, the parent's consent to the adoption 1190
of the child who is the subject of the agreement is required 1191
unless all of the following requirements are met:1192

       (A) In the case of a parent whose child, if adopted, will be 1193
an adopted person as defined in section 3107.45 of the Revised 1194
Code:1195

       (1) The parent does all of the following:1196

       (a) Signs the component of the form prescribed under division 1197
(A)(1)(a) of section 3107.083 of the Revised Code;1198

       (b) Checks either the "yes" or "no" space provided on the 1199
component of the form prescribed under division (A)(1)(b) of 1200
section 3107.083 of the Revised Code and signs that component;1201

       (c) If the parent is the mother, completes and signs the 1202
component of the form prescribed under division (A)(1)(c) of 1203
section 3107.083 of the Revised Code.1204

       (2) The agency provides the parent the opportunity to sign, 1205
if the parent chooses to do so, the components of the form 1206
prescribed under divisions (A)(1)(d), (e), and (f) of section 1207
3107.083 of the Revised Code;1208

       (3) The agency files with the juvenile and probate courts the 1209
form prescribed under division (A)(1) of section 3107.083 of the 1210
Revised Code signed by the parent, provides a copy of the form 1211
signed by the parent to the parent, and keeps a copy of the form 1212
signed by the parent in the agency's records.1213

       The court shall keep a copy of the form signed by the parent 1214
in the court records.1215

       (B) In the case of a parent whose child, if adopted, will be 1216
an adopted person as defined in section 3107.393107.38 of the 1217
Revised Code:1218

       (1) The parent does both of the following:1219

       (a) Signs the component of the form prescribed under division 1220
(B)(1)(a) of section 3107.083 of the Revised Code;1221

       (b) If the parent is the mother, completes and signs the 1222
component of the form prescribed under division (B)(1)(b) of 1223
section 3107.083 of the Revised Code.1224

       (2) The agency provides the parent the opportunity to sign, 1225
if the parent chooses to do so, the components of the form 1226
prescribed under divisions (B)(1)(c), (d), and (e) of section 1227
3107.083 of the Revised Code at the time the parent enters into 1228
the agreement with the agency;1229

       (3) The agency files the form signed by the parent with the 1230
juvenile and probate courts, provides a copy of the form signed by 1231
the parent to the parent, and keeps a copy of the form signed by 1232
the parent in the agency's records.1233

       The court shall keep a copy of the form signed by the parent 1234
in the court records.1235

       Sec. 3107.081.  (A) Except as provided in divisions (B), (E), 1236
and (F) of this section, a parent of a minor, who will be, if 1237
adopted, an adopted person as defined in section 3107.45 of the 1238
Revised Code, shall do all of the following as a condition of a 1239
court accepting the parent's consent to the minor's adoption:1240

       (1) Appear personally before the court;1241

       (2) Sign the component of the form prescribed under division 1242
(A)(1)(a) of section 3107.083 of the Revised Code;1243

       (3) Check either the "yes" or "no" space provided on the 1244
component of the form prescribed under division (A)(1)(b) of 1245
section 3107.083 of the Revised Code and sign that component;1246

       (4) If the parent is the mother, complete and sign the 1247
component of the form prescribed under division (A)(1)(c) of 1248
section 3107.083 of the Revised Code.1249

       At the time the parent signs the components of the form 1250
prescribed under divisions (A)(1)(a), (b), and (c) of section 1251
3107.083 of the Revised Code, the parent may sign, if the parent 1252
chooses to do so, the components of the form prescribed under 1253
divisions (A)(1)(d), (e), and (f) of that section. After the 1254
parent signs the components required to be signed and any 1255
discretionary components the parent chooses to sign, the parent, 1256
or the attorney arranging the adoption, shall file the form and 1257
parent's consent with the court. The court or attorney shall give 1258
the parent a copy of the form and consent. The court and attorney 1259
shall keep a copy of the form and consent in the court and 1260
attorney's records of the adoption.1261

       The court shall question the parent to determine that the 1262
parent understands the adoption process, the ramifications of 1263
consenting to the adoption, each component of the form prescribed 1264
under division (A)(1) of section 3107.083 of the Revised Code, and 1265
that the minor and adoptive parent may receive identifying 1266
information about the parent in accordance with section 3107.47 of 1267
the Revised Code unless the parent checks the "no" space provided 1268
on the component of the form prescribed under division (A)(1)(b) 1269
of section 3107.083 of the Revised Code or has a denial of release 1270
form filed with the department of health under section 3107.46 of 1271
the Revised Code. The court also shall question the parent to 1272
determine that the parent's consent to the adoption and any 1273
decisions the parent makes in filling out the form prescribed 1274
under division (A)(1) of section 3107.083 of the Revised Code are 1275
made voluntarily.1276

       (B) The parents of a minor, who is less than six months of 1277
age and will be, if adopted, an adopted person as defined in 1278
section 3107.45 of the Revised Code, may consent to the minor's 1279
adoption without personally appearing before a court if both 1280
parents do all of the following:1281

       (1) Execute a notarized statement of consent to the minor's 1282
adoption before the attorney arranging the adoption;1283

       (2) Sign the component of the form prescribed under division 1284
(A)(1)(a) of section 3107.083 of the Revised Code;1285

       (3) Check either the "yes" or "no" space provided on the 1286
component of the form prescribed under division (A)(1)(b) of 1287
section 3107.083 of the Revised Code and sign that component.1288

       At the time the parents sign the components of the form 1289
prescribed under divisions (A)(1)(a) and (b) of section 3107.083 1290
of the Revised Code, the mother shall complete and sign the 1291
component of the form prescribed under division (A)(1)(c) of that 1292
section and the attorney arranging the adoption shall provide the 1293
parents the opportunity to sign, if they choose to do so, the 1294
components of the form prescribed under divisions (A)(1)(d), (e), 1295
and (f) of that section. At the time the petition to adopt the 1296
minor is submitted to the court, the attorney shall file the 1297
parents' consents and forms with the court. The attorney shall 1298
give the parents a copy of the consents and forms. At the time the 1299
attorney files the consents and forms with the court, the attorney 1300
also shall file with the court all other documents the director of 1301
job and family services requires by rules adopted under division 1302
(D) of section 3107.083 of the Revised Code to be filed with the 1303
court. The court and attorney shall keep a copy of the consents, 1304
forms, and documents in the court and attorney's records of the 1305
adoption.1306

       (C) Except as provided in divisions (D), (E), and (F) of this 1307
section, a parent of a minor, who will be, if adopted, an adopted 1308
person as defined in section 3107.393107.38 of the Revised Code, 1309
shall do all of the following as a condition of a court accepting 1310
the parent's consent to the minor's adoption:1311

       (1) Appear personally before the court;1312

       (2) Sign the component of the form prescribed under division 1313
(B)(1)(a) of section 3107.083 of the Revised Code;1314

       (3) If the parent is the mother, complete and sign the 1315
component of the form prescribed under division (B)(1)(b) of 1316
section 3107.083 of the Revised Code.1317

       At the time the parent signs the components prescribed under 1318
divisions (B)(1)(a) and (b) of section 3107.083 of the Revised 1319
Code, the parent may sign, if the parent chooses to do so, the 1320
components of the form prescribed under divisions (B)(1)(c), (d), 1321
and (e) of that section. After the parent signs the components 1322
required to be signed and any discretionary components the parent 1323
chooses to sign, the parent, or the attorney arranging the 1324
adoption, shall file the form and parent's consent with the court. 1325
The court or attorney shall give the parent a copy of the form and 1326
consent. The court and attorney shall keep a copy of the form and 1327
consent in the court and attorney's records of the adoption.1328

       The court shall question the parent to determine that the 1329
parent understands the adoption process, the ramifications of 1330
consenting to the adoption, and each component of the form 1331
prescribed under division (B)(1) of section 3107.083 of the 1332
Revised Code. The court also shall question the parent to 1333
determine that the parent's consent to the adoption and any 1334
decisions the parent makes in filling out the form are made 1335
voluntarily.1336

       (D) The parent of a minor who is less than six months of age 1337
and will be, if adopted, an adopted person as defined in section1338
3107.393107.38 of the Revised Code may consent to the minor's 1339
adoption without personally appearing before a court if the parent 1340
does all of the following:1341

       (1) Executes a notarized statement of consent to the minor's 1342
adoption before the attorney arranging the adoption;1343

       (2) Signs the component of the form prescribed under division 1344
(B)(1)(a) of section 3107.083 of the Revised Code;1345

       (3) If the parent is the mother, completes and signs the 1346
component of the form prescribed under division (B)(1)(b) of 1347
section 3107.083 of the Revised Code.1348

       At the time the parent signs the components of the form 1349
prescribed under divisions (B)(1)(a) and (b) of section 3107.083 1350
of the Revised Code, the attorney arranging the adoption shall 1351
provide the parent the opportunity to sign, if the parent chooses 1352
to do so, the components of the form prescribed under divisions 1353
(B)(1)(c), (d), and (e) of that section. At the time the petition 1354
to adopt the minor is submitted to the court, the attorney shall 1355
file the parent's consent and form with the court. The attorney 1356
shall give the parent a copy of the consent and form. At the time 1357
the attorney files the consent and form with the court, the 1358
attorney also shall file with the court all other documents the 1359
director of job and family services requires by rules adopted 1360
under division (D) of section 3107.083 of the Revised Code to be 1361
filed with the court. The court and attorney shall keep a copy of 1362
the consent, form, and documents in the court and attorney's 1363
records of the adoption.1364

       (E) If a minor is to be adopted by a stepparent, the parent 1365
who is not married to the stepparent may consent to the minor's 1366
adoption without appearing personally before a court if the parent 1367
executes consent in the presence of a person authorized to take 1368
acknowledgments. The attorney arranging the adoption shall file 1369
the consent with the court and give the parent a copy of the 1370
consent. The court and attorney shall keep a copy of the consent 1371
in the court and attorney's records of the adoption.1372

       (F) If a parent of a minor to be adopted resides in another 1373
state, the parent may consent to the minor's adoption without 1374
appearing personally before a court if the parent executes consent 1375
in the presence of a person authorized to take acknowledgments. 1376
The attorney arranging the adoption shall file the consent with 1377
the court and give the parent a copy of the consent. The court and 1378
attorney shall keep a copy of the consent in the court and 1379
attorney's records of the adoption.1380

       Sec. 3107.082.  Not less than seventy-two hours prior to the 1381
date a parent executes consent to the adoption of the parent's 1382
child under section 3107.081 of the Revised Code, an assessor 1383
shall meet in person with the parent and do both of the following 1384
unless the child is to be adopted by a stepparent or the parent 1385
resides in another state:1386

       (A) Provide the parent with a copy of the written materials 1387
about adoption prepared under division (C) of section 3107.083 of 1388
the Revised Code, discuss with the parent the adoption process and 1389
ramifications of a parent consenting to a child's adoption, and 1390
provide the parent the opportunity to review the materials and to 1391
ask questions about the materials, discussion, and related 1392
matters;1393

       (B) UnlessIf the child, if adopted, will be an adopted 1394
person as defined in section 3107.393107.45 of the Revised Code, 1395
inform the parent that the child and the adoptive parent may 1396
receive, in accordance with section 3107.47 of the Revised Code, 1397
identifying information about the parent that is contained in the 1398
child's adoption file maintained by the department of health 1399
unless the parent checks the "no" space provided on the component 1400
of the form prescribed under division (A)(1)(b) of section 1401
3107.083 of the Revised Code or signs and has filed with the 1402
department a denial of release form prescribed under section 1403
3107.50 of the Revised Code.1404

       Sec. 3107.083.  Not later than ninety days after June 20, 1405
1996, theThe director of job and family services shall do all of 1406
the following:1407

       (A)(1) For a parent of a child who, if adopted, will be an 1408
adopted person as defined in section 3107.45 of the Revised Code, 1409
prescribe a form that has the following six components:1410

       (a) A component the parent signs under section 3107.071, 1411
3107.081, or 5103.151 of the Revised Code to indicate the 1412
requirements of section 3107.082 or 5103.152 of the Revised Code 1413
have been met. The component shall be as follows:1414

"Statement Concerning Ohio Law and Adoption Materials
1415

       By signing this component of this form, I acknowledge that it 1416
has been explained to me, and I understand, that, if I check the 1417
space on the next component of this form that indicates that I 1418
authorize the release, the adoption file maintained by the Ohio 1419
Department of Health, which contains identifying information about 1420
me at the time of my child's birth, will be released, on request, 1421
to the adoptive parent when the adoptee is at least age eighteen 1422
but younger than age twenty-one and to the adoptee when he or she 1423
is age twenty-one or older. It has also been explained to me, and 1424
I understand, that I may prohibit the release of identifying 1425
information about me contained in the adoption file by checking 1426
the space on the next component of this form that indicates that I 1427
do not authorize the release of the identifying information. It 1428
has additionally been explained to me, and I understand, that I 1429
may change my mind regarding the decision I make on the next 1430
component of this form at any time and as many times as I desire 1431
by signing, dating, and having filed with the Ohio Department of 1432
Health a denial of release form or authorization of release form 1433
prescribed and provided by the Department of Health and providing 1434
the Department two items of identification.1435

       By signing this component of this form, I also acknowledge 1436
that I have been provided a copy of written materials about 1437
adoption prepared by the Ohio Department of Job and Family 1438
Services, the adoption process and ramifications of consenting to 1439
adoption or entering into a voluntary permanent custody surrender 1440
agreement have been discussed with me, and I have been provided 1441
the opportunity to review the materials and ask questions about 1442
the materials and discussion.1443

Signature of biological parent: 1444
Signature of witness: 1445
Date: " 1446

       (b) A component the parent signs under section 3107.071, 1447
3107.081, or 5103.151 of the Revised Code regarding the parent's 1448
decision whether to allow identifying information about the parent 1449
contained in an adoption file maintained by the department of 1450
health to be released to the parent's child and adoptive parent 1451
pursuant to section 3107.47 of the Revised Code. The component 1452
shall be as follows:1453

"Statement Regarding Release of Identifying Information
1454

       The purpose of this component of this form is to allow a 1455
biological parent to decide whether to allow the Ohio Department 1456
of Health to provide an adoptee and adoptive parent identifying 1457
information about the adoptee's biological parent contained in an 1458
adoption file maintained by the Department. Please check one of 1459
the following spaces:1460

...... YES, I authorize the Ohio Department of Health to release identifying information about me, on request, to the adoptive parent when the adoptee is at least age eighteen but younger than age twenty-one and to the adoptee when he or she is age twenty-one or older. 1461
...... NO, I do not authorize the release of identifying information about me to the adoptive parent or adoptee. 1462

Signature of biological parent: 1463
Signature of witness: 1464
Date: " 1465

       (c) A component the parent, if the mother of the child, 1466
completes and signs under section 3107.071, 3107.081, or 5103.151 1467
of the Revised Code to indicate, to the extent of the mother's 1468
knowledge, all of the following:1469

       (i) Whether the mother, during her pregnancy, was a recipient 1470
of the medical assistance program established under Chapter 5111. 1471
of the Revised Code or other public health insurance program and, 1472
if so, the dates her eligibility began and ended;1473

       (ii) Whether the mother, during her pregnancy, was covered by 1474
private health insurance and, if so, the dates the coverage began 1475
and ended, the name of the insurance provider, the type of 1476
coverage, and the identification number of the coverage;1477

       (iii) The name and location of the hospital, freestanding 1478
birth center, or other place where the mother gave birth and, if 1479
different, received medical care immediately after giving birth;1480

       (iv) The expenses of the obstetrical and neonatal care;1481

       (v) Whether the mother has been informed that the adoptive 1482
parent or the agency or attorney arranging the adoption are to pay 1483
expenses involved in the adoption, including expenses the mother 1484
has paid and expects to receive or has received reimbursement, 1485
and, if so, what expenses are to be or have been paid and an 1486
estimate of the expenses;1487

       (vi) Any other information related to expenses the department 1488
determines appropriate to be included in this component.1489

       (d) A component the parent may sign to authorize the agency 1490
or attorney arranging the adoption to provide to the child or 1491
adoptive parent materials, other than photographs of the parent, 1492
that the parent requests be given to the child or adoptive parent 1493
pursuant to section 3107.68 of the Revised Code.1494

       (e) A component the parent may sign to authorize the agency 1495
or attorney arranging the adoption to provide to the child or 1496
adoptive parent photographs of the parent pursuant to section 1497
3107.68 of the Revised Code.1498

       (f) A component the parent may sign to authorize the agency 1499
or attorney arranging the adoption to provide to the child or 1500
adoptive parent the first name of the parent pursuant to section 1501
3107.68 of the Revised Code.1502

       (2) State at the bottom of the form that the parent is to 1503
receive a copy of the form the parent signed.1504

       (3) Provide copies of the form prescribed under this division 1505
to probate and juvenile courts, public children services agencies, 1506
private child placing agencies, private noncustodial agencies, 1507
attorneys, and persons authorized to take acknowledgments.1508

       (B)(1) For a parent of a child who, if adopted, will become 1509
an adopted person as defined in section 3107.393107.38 of the 1510
Revised Code, prescribe a form that has the following five 1511
components:1512

       (a) A component the parent signs under section 3107.071, 1513
3107.081, or 5103.151 of the Revised Code to attest that the 1514
requirement of division (A) of section 3107.082 or division (A) of 1515
section 5103.152 of the Revised Code has been met;1516

       (b) A component the parent, if the mother of the child, 1517
completes and signs under section 3107.071, 3107.081, or 5103.151 1518
of the Revised Code to indicate, to the extent of the mother's 1519
knowledge, all of the following:1520

       (i) Whether the mother, during her pregnancy, was a recipient 1521
of the medical assistance program established under Chapter 5111. 1522
of the Revised Code or other public health insurance program and, 1523
if so, the dates her eligibility began and ended;1524

       (ii) Whether the mother, during her pregnancy, was covered by 1525
private health insurance and, if so, the dates the coverage began 1526
and ended, the name of the insurance provider, the type of 1527
coverage, and the identification number of the coverage;1528

       (iii) The name and location of the hospital, freestanding 1529
birth center, or other place where the mother gave birth and, if 1530
different, received medical care immediately after giving birth;1531

       (iv) The expenses of the obstetrical and neonatal care;1532

       (v) Whether the mother has been informed that the adoptive 1533
parent or the agency or attorney arranging the adoption are to pay 1534
expenses involved in the adoption, including expenses the mother 1535
has paid and expects to receive or has received reimbursement for, 1536
and, if so, what expenses are to be or have been paid and an 1537
estimate of the expenses;1538

       (vi) Any other information related to expenses the department 1539
determines appropriate to be included in the component.1540

       (c) A component the parent may sign to authorize the agency 1541
or attorney arranging the adoption to provide to the child or 1542
adoptive parent materials, other than photographs of the parent, 1543
that the parent requests be given to the child or adoptive parent 1544
pursuant to section 3107.68 of the Revised Code.1545

       (d) A component the parent may sign to authorize the agency 1546
or attorney arranging the adoption to provide to the child or 1547
adoptive parent photographs of the parent pursuant to section 1548
3107.68 of the Revised Code.1549

       (e) A component the parent may sign to authorize the agency 1550
or attorney arranging the adoption to provide to the child or 1551
adoptive parent the first name of the parent pursuant to section 1552
3107.68 of the Revised Code.1553

       (2) State at the bottom of the form that the parent is to 1554
receive a copy of the form the parent signed.1555

       (3) Provide copies of the form prescribed under this division 1556
to probate and juvenile courts, public children services agencies, 1557
private child placing agencies, private noncustodial agencies, and1558
attorneys, and persons authorized to take acknowledgments.1559

       (C) Prepare the written materials about adoption that are 1560
required to be given to parents under division (A) of section 1561
3107.082 and division (A) of section 5103.152 of the Revised Code. 1562
The materials shall provide information about the adoption 1563
process, including ramifications of a parent consenting to a 1564
child's adoption or entering into a voluntary permanent custody 1565
surrender agreement. The materials also shall include referral 1566
information for professional counseling and adoption support 1567
organizations. The director shall provide the materials to 1568
assessors.1569

       (D) Adopt rules in accordance with Chapter 119. of the 1570
Revised Code specifying the documents that must be filed with a 1571
probate court under divisions (B) and (D) of section 3107.081 of 1572
the Revised Code and a juvenile court under divisions (C) and (E) 1573
of section 5103.151 of the Revised Code.1574

       Sec. 3107.09.  (A) The department of job and family services 1575
shall prescribe and supply forms for the taking of social and 1576
medical histories of the biological parents of a minor available 1577
for adoption.1578

       (B) An assessor shall record the social and medical histories 1579
of the biological parents of a minor available for adoption, 1580
unless the minor is to be adopted by the minor's stepparent or 1581
grandparent. The assessor shall use the forms prescribed pursuant 1582
to division (A) of this section. The assessor shall not include on 1583
the forms identifying information about the biological parents or 1584
other ancestors of the minor.1585

       (C) A social history shall describe and identify the age; 1586
ethnic, racial, religious, marital, and physical characteristics; 1587
and educational, cultural, talent and hobby, and work experience 1588
background of the biological parents of the minor. A medical 1589
history shall identify major diseases, malformations, allergies, 1590
ear or eye defects, major conditions, and major health problems of 1591
the biological parents that are or may be congenital or familial. 1592
These histories may include other social and medical information 1593
relative to the biological parents and shall include social and 1594
medical information relative to the minor's other ancestors.1595

       The social and medical histories may be obtained through 1596
interviews with the biological parents or other persons and from 1597
any available records if a biological parent or any legal guardian 1598
of a biological parent consents to the release of information 1599
contained in a record. An assessor who considers it necessary may 1600
request that a biological parent undergo a medical examination. In 1601
obtaining social and medical histories of a biological parent, an 1602
assessor shall inform the biological parent, or a person other 1603
than a biological parent who provides information pursuant to this 1604
section, of the purpose and use of the histories and of the 1605
biological parent's or other person's right to correct or expand 1606
the histories at any time.1607

       (D) A biological parent, or another person who provided 1608
information in the preparation of the social and medical histories 1609
of the biological parents of a minor, may cause the histories to 1610
be corrected or expanded to include different or additional types 1611
of information. The biological parent or other person may cause 1612
the histories to be corrected or expanded at any time prior or 1613
subsequent to the adoption of the minor, including any time after 1614
the minor becomes an adult. A biological parent may cause the 1615
histories to be corrected or expanded even if the biological 1616
parent did not provide any information to the assessor at the time 1617
the histories were prepared.1618

       To cause the histories to be corrected or expanded, a 1619
biological parent or other person who provided information shall 1620
provide the information to be included or specify the information 1621
to be corrected to whichever of the following is appropriate under 1622
the circumstances:1623

       (1) Subject to divisiondivisions (D)(2) and (3) of this 1624
section, to the assessor who prepared the histories if the 1625
biological parent or other person knows the assessor who prepared 1626
the histories, to the assessor;1627

       (2) IfSubject to division (D)(3) of this section, to the 1628
court involved in the adoption or, if that court is not known, to 1629
the department of health, if the biological parent or person does 1630
not know the assessor or finds that the assessor has ceased to 1631
perform assessments, to the court involved in the adoption or, if 1632
that court is not known, to the department of health;1633

       (3) To the department of health, if the histories were 1634
originally completed by the biological parent pursuant to section 1635
3107.40 of the Revised Code or, regardless of whether the 1636
histories were originally completed pursuant to this section or 1637
section 3107.091 or 3107.40 of the Revised Code, the biological 1638
parent seeks to correct or expand the histories at the same time 1639
the biological parent completes a contact preference form pursuant 1640
to section 3107.39 of the Revised Code.1641

       An assessor who receives information from a biological parent 1642
or other person pursuant to division (D)(1) of this section shall 1643
determine whether the information is of a type that divisions (B) 1644
and (C) of this section permit to be included in the histories. If 1645
the assessor determines the information is of a permissible type, 1646
the assessor shall cause the histories to be corrected or expanded 1647
to reflect the information. If, at the time the information is 1648
received, the histories have been filed with the court as required 1649
by division (E) of this section, the court shall cooperate with 1650
the assessor in correcting or expanding the histories.1651

       If the department of health or a court receives information 1652
from a biological parent or other person pursuant to division 1653
(D)(2) of this section or the department receives information from 1654
a biological parent pursuant to division (D)(3) of this section, 1655
it shall determine whether the information is of a type that 1656
divisions (B) and (C) of this section permit to be included in the 1657
histories. If a court determines the information is of a 1658
permissible type, the court shall cause the histories to be 1659
corrected or expanded to reflect the information. If the 1660
department of health so determines, the court involved shall 1661
cooperate with the department in the correcting or expanding of 1662
the histories.1663

       An assessor or the department of health shall notify a 1664
biological parent or other person in writing if the assessor or 1665
department determines that information the biological parent or 1666
other person provided or specified for inclusion in a history is 1667
not of a type that may be included in a history. On receipt of the 1668
notice, the biological parent or other person may petition the 1669
court involved in the adoption to make a finding as to whether the 1670
information is of a type that may be included in a history. On 1671
receipt of the petition, the court shall issue its finding without 1672
holding a hearing. If the court finds that the information is of a 1673
type that may be included in a history, it shall cause the history 1674
to be corrected or expanded to reflect the information.1675

       (E) An assessor shall file the social and medical histories 1676
of the biological parents prepared pursuant to divisions (B) and 1677
(C) of this section with the court with which a petition to adopt 1678
the biological parents' child is filed. The court promptly shall 1679
provide a copy of the social and medical histories filed with it 1680
to the petitioner. In a case involving the adoption of a minor by 1681
any person other than the minor's stepparent or grandparent, a 1682
court may refuse to issue an interlocutory order or final decree 1683
of adoption if the histories of the biological parents have not 1684
been so filed, unless the assessor certifies to the court that 1685
information needed to prepare the histories is unavailable for 1686
reasons beyond the assessor's control.1687

       Sec. 3107.091.  (A) As used in this section, "biological 1688
parent" means a biological parent whose offspring, as a minor, was 1689
adopted and with respect to whom a medical and social history was 1690
not prepared prior or subsequent to the adoption.1691

       (B) A biological parent may request the department of job and 1692
family services to provide the biological parent with a copy of 1693
the social and medical history forms prescribed by the department 1694
pursuant to section 3107.09 of the Revised Code. The department, 1695
upon receipt of such a request, shall provide the forms to the 1696
biological parent, if the biological parent indicates that the 1697
forms are being requested so that the adoption records of the 1698
biological parent's offspring will include a social and medical 1699
history of the biological parent.1700

       In completing the forms, the biological parent may include 1701
information described in division (C) of section 3107.09 of the 1702
Revised Code, but shall not include identifying information. When 1703
the biological parent has completed the forms to the extent the 1704
biological parent wishes to provide information, the biological 1705
parent shall return them to the department. The department shall 1706
review the completed forms, and shall determine whether the 1707
information included by the biological parent is of a type 1708
permissible under divisions (B) and (C) of section 3107.09 of the 1709
Revised Code and, to the best of its ability, whether the 1710
information is accurate. If it determines that the forms contain 1711
accurate, permissible information, the department, after excluding 1712
from the forms any information the department deems impermissible, 1713
shall file them with the court that entered the interlocutory 1714
order or final decree of adoption in the adoption case. If the 1715
department needs assistance in determining that court, the 1716
department of health, upon request, shall assist it.1717

       The department of job and family services shall notify the 1718
biological parent in writing if it excludes from the biological 1719
parent's social and medical history forms information deemed 1720
impermissible. On receipt of the notice, the biological parent may 1721
petition the court with which the forms were filed to make a 1722
finding as to whether the information is permissible. On receipt 1723
of the petition, the court shall issue its finding without holding 1724
a hearing. If the court finds the information is permissible, it 1725
shall cause the information to be included on the forms.1726

       Upon receiving social and medical history forms pursuant to 1727
this section, a court shall cause them to be filed in the records 1728
pertaining to the adoption case.1729

       Social and medical history forms completed by a biological 1730
parent pursuant to this section may be corrected or expanded by 1731
the biological parent in accordance with division (D) of section 1732
3107.09 of the Revised Code.1733

       Access to the histories shall be granted in accordance with 1734
division (D) of section 3107.17 of the Revised Code.1735

       (C) This section does not preclude a biological parent from 1736
completing a social and medical history in accordance with section 1737
3107.40 of the Revised Code instead of this section.1738

       Sec. 3107.141.  After an assessor files a home study report 1739
under section 3107.031, a social and medical history under section 1740
3107.09, or a prefinalization assessment report under section 1741
3107.12 of the Revised Code, or the department of job and family 1742
services or department of health files a social and medical 1743
history under section 3107.091 or 3107.40 of the Revised Code, a 1744
court may do either or both of the following if the court 1745
determines the report or history does not comply with the 1746
requirements governing the report or history or, in the case of a 1747
home study or prefinalization assessment report, does not enable 1748
the court to determine whether an adoption is in the best interest 1749
of the minor to be adopted:1750

       (A) Order the assessor or department to redo or supplement 1751
the report or history in a manner the court directs;1752

       (B) Appoint a different assessor to redo or supplement the 1753
report or history in a manner the court directs.1754

       Sec. 3107.17.  (A) All hearings held under sections 3107.01 1755
to 3107.19 of the Revised Code shall be held in closed court 1756
without the admittance of any person other than essential officers 1757
of the court, the parties, the witnesses of the parties, counsel, 1758
persons who have not previously consented to an adoption but who 1759
are required to consent, and representatives of the agencies 1760
present to perform their official duties.1761

       (B)(1) Except as provided in divisions (B)(2) and (D) of this 1762
section, sections 3107.38 and 3107.381, and sections 3107.39 to 1763
3107.44 and 3107.60 to 3107.68 of the Revised Code, no person or 1764
governmental entity shall knowingly reveal any information 1765
contained in a paper, book, or record pertaining to an adoption 1766
that is part of the permanent record of a court or maintained by 1767
the department of job and family services, an agency, or attorney 1768
without the consent of a court.1769

       (2) An agency or attorney may examine the agency's or 1770
attorney's own papers, books, and records pertaining to an 1771
adoption without a court's consent for official administrative 1772
purposes. The department of job and family services may examine 1773
its own papers, books, and records pertaining to an adoption, or 1774
such papers, books, and records of an agency, without a court's 1775
consent for official administrative, certification, and 1776
eligibility determination purposes.1777

       (C) The petition, the interlocutory order, the final decree 1778
of adoption, and other adoption proceedings shall be recorded in a 1779
book kept for such purposes and shall be separately indexed. The 1780
book shall be a part of the records of the court, and all 1781
consents, affidavits, and other papers shall be properly filed.1782

       (D) All forms that pertain to the social or medical histories 1783
of the biological parents of an adopted person and that were 1784
completed pursuant to section 3107.09 or, 3107.091, or 3107.40 of 1785
the Revised Code shall be filed only in the permanent record kept 1786
by the court. During the minority of the adopted person, only the 1787
adoptive parents of the person may inspect the forms. When an 1788
adopted person reaches majority, only the adopted person may 1789
inspect the forms. Under the circumstances described in this 1790
division, an adopted person or the adoptive parents are entitled 1791
to inspect the forms upon requesting the clerk of the court to 1792
produce them.1793

       (E)(1) The department of job and family services shall 1794
prescribe a form that permits any person who is authorized by 1795
division (D) of this section to inspect forms that pertain to the 1796
social or medical histories of the biological parents and that 1797
were completed pursuant to section 3107.09 or, 3107.091, or 1798
3107.40 of the Revised Code to request notice if any correction or 1799
expansion of either such history, made pursuant to division (D) of 1800
section 3107.09 of the Revised Code, is made a part of the 1801
permanent record kept by the court. The form shall be designed to 1802
facilitate the provision of the information and statements 1803
described in division (E)(3) of this section. The department shall 1804
provide copies of the form to each court. A court shall provide a 1805
copy of the request form to each adoptive parent when a final 1806
decree of adoption is entered and shall explain to each adoptive 1807
parent at that time that an adoptive parent who completes and 1808
files the form will be notified of any correction or expansion of 1809
either the social or medical history of the biological parents of 1810
the adopted person made during the minority of the adopted person 1811
that is made a part of the permanent record kept by the court, and 1812
that, during the adopted person's minority, the adopted person may 1813
inspect the forms that pertain to those histories. Upon request, 1814
the court also shall provide a copy of the request form to any 1815
adoptive parent during the minority of the adopted person and to 1816
an adopted person who has reached the age of majority.1817

       (2) Any person who is authorized to inspect forms pursuant to 1818
division (D) of this section who wishes to be notified of 1819
corrections or expansions pursuant to division (D) of section 1820
3107.09 of the Revised Code that are made a part of the permanent 1821
record kept by the court shall file with the court, on a copy of 1822
the form prescribed by the department of job and family services 1823
pursuant to division (E)(1) of this section, a request for such 1824
notification that contains the information and statements required 1825
by division (E)(3) of this section. A request may be filed at any 1826
time if the person who files the request is authorized at that 1827
time to inspect forms that pertain to the social or medical 1828
histories.1829

       (3) A request for notification as described in division 1830
(E)(2) of this section shall contain all of the following 1831
information:1832

       (a) The adopted person's name and mailing address at that 1833
time;1834

       (b) The name of each adoptive parent, and if the adoptive 1835
person is a minor at the time of the filing of the request, the 1836
mailing address of each adoptive parent at that time;1837

       (c) The adopted person's date of birth;1838

       (d) The date of entry of the final decree of adoption;1839

       (e) A statement requesting the court to notify the person who 1840
files the request, at the address provided in the request, if any 1841
correction or expansion of either the social or medical history of 1842
the biological parents is made a part of the permanent record kept 1843
by the court;1844

       (f) A statement that the person who files the request is 1845
authorized, at the time of the filing, to inspect the forms that 1846
pertain to the social and medical histories of the biological 1847
parents;1848

       (g) The signature of the person who files the request.1849

       (4) Upon the filing of a request for notification in 1850
accordance with division (E)(2) of this section, the clerk of the 1851
court in which it is filed immediately shall insert the request in 1852
the permanent record of the case. A person who has filed the 1853
request and who wishes to update it with respect to a new mailing 1854
address may inform the court in writing of the new address. Upon 1855
its receipt, the court promptly shall insert the new address into 1856
the permanent record by attaching it to the request. Thereafter, 1857
any notification described in this division shall be sent to the 1858
new address.1859

       (5) Whenever a social or medical history of a biological 1860
parent is corrected or expanded and the correction or expansion is 1861
made a part of the permanent record kept by the court, the court 1862
shall ascertain whether a request for notification has been filed 1863
in accordance with division (E)(2) of this section. If such a 1864
request has been filed, the court shall determine whether, at that 1865
time, the person who filed the request is authorized, under 1866
division (D) of this section, to inspect the forms that pertain to 1867
the social or medical history of the biological parents. If the 1868
court determines that the person who filed the request is so 1869
authorized, it immediately shall notify the person that the social 1870
or medical history has been corrected or expanded, that it has 1871
been made a part of the permanent record kept by the court, and 1872
that the forms that pertain to the records may be inspected in 1873
accordance with division (D) of this section.1874

       Sec. 3107.171.  (A) As used in this section, "adoption file" 1875
means a file maintained by the department of health under sections 1876
3107.12 to 3107.124 of the Revised Code.1877

       (B) An adopted person may request that the department of 1878
health disclose to the adopted person which court entered the 1879
interlocutory order or final decree of adoption regarding the 1880
adopted person if the adopted person seeks to do either or both of 1881
the following:1882

       (1) Inspect, pursuant to division (D) of section 3107.17 of 1883
the Revised Code, a social and medical history form of a 1884
biological parent of the adopted person;1885

       (2) Submit, pursuant to division (E) of section 3107.17 of 1886
the Revised Code, a request for notification of a correction or 1887
expansion of a social and medical history of a biological parent 1888
of the adopted person.1889

       (C) On receipt of a request made under division (B) of this 1890
section and if the adopted person is entitled to inspect the 1891
biological parent's social and medical history form and submit the 1892
request for notification of a correction or expansion of the 1893
biological parent's social and medical history, the department 1894
shall inspect the adoption file to determine which court entered 1895
the interlocutory order or final decree of adoption. If the 1896
department is able to determine from the adoption file which court 1897
entered the interlocutory order or final decree of adoption, the 1898
department shall disclose the court to the adopted person.1899

       Sec. 3107.18.  (A) Except when giving effect to such a decree 1900
would violate the public policy of this state, a court decree 1901
terminating the relationship of parent and child, or establishing 1902
the relationship by adoption, issued pursuant to due process of 1903
law by a court of any jurisdiction outside this state, whether 1904
within or outside the United States, shall be recognized in this 1905
state, and the rights and obligations of the parties as to all 1906
matters within the jurisdiction of this state, including, without 1907
limitation, those matters specified in section 3107.15 of the 1908
Revised Code, shall be determined as though the decree were issued 1909
by a court of this state. A decree or certificate of adoption that 1910
is issued under the laws of a foreign country and that is verified 1911
and approved by the immigration and naturalization service of the 1912
United States shall be recognized in this state. Nothing in this 1913
section prohibits a court from issuing a final decree of adoption 1914
or interlocutory order of adoption pursuant to section 3107.14 of 1915
the Revised Code for a person the petitioner has adopted pursuant 1916
to a decree or certificate of adoption recognized in this state 1917
that was issued outside the United States.1918

       (B) If a child born in a foreign country is placed with 1919
adoptive parents or an adoptive parent in this state for the 1920
purpose of adoption and if the adoption previously has been 1921
finalized in the country of the child's birth, the adoptive parent 1922
or parents may bring a petition in the probate court in their 1923
county of residence requesting that the court issue a final decree 1924
of adoption or an interlocutory order of adoption pursuant to 1925
section 3107.14 of the Revised Code. In a proceeding on the 1926
petition, proof of finalization of the adoption outside the United 1927
States is prima-facie evidence of the consent of the parties who 1928
are required to give consent even if the foreign decree or 1929
certificate of adoption was issued with respect to only one of two 1930
adoptive parents who seek to adopt the child in this state.1931

       (C) At the request of a person who has adopted a person 1932
pursuant to a decree or certificate of adoption recognized in this 1933
state that was issued outside the United States, the court of the 1934
county in which the person making the request resides shall order 1935
the department of health to issue a foreign birth record for the 1936
adopted person under division (A)(4) of section 3705.123705.1221937
of the Revised Code. The court may specify a change of name for 1938
the child and, if a physician has recommended a revision of the 1939
birth date, a revised birth date. The court shall send to the 1940
department with its order a copy of the foreign adoption decree or 1941
certificate of adoption and, if the foreign decree or certificate 1942
of adoption is not in English, a translation certified as to its 1943
accuracy by the translator and provided by the person who 1944
requested the order.1945

       Sec. 3107.19.  If the adopted person was born in this state 1946
or outside the United States, the court shall forward all of the 1947
following to the department of health within thirty days after an 1948
adoption decree becomes final:1949

       (A) A copy of the adopted person's certificate of adoption;1950

       (B) The form prescribed under division (A)(1) of section 1951
3107.083 of the Revised Code, if a parent filled out and signed 1952
the form pursuant to section 3107.071, 3107.081, or 5103.151 of 1953
the Revised Code;1954

       (C) A statement of whether the adopted person is an adopted 1955
person as defined in section 3107.393107.38 or 3107.45 of the 1956
Revised Code.1957

        If the adopted person was born in another state of the United 1958
States, the court shall forward a copy of the adopted person's 1959
certificate of adoption to that state's vital statistics office 1960
within thirty days after an adoption decree becomes final.1961

       Sec. 3107.38.  (A) As used in this section and sections 1962
3107.39 and 3107.40 of the Revised Code:1963

       (1) "Adopted person" means a person who was adopted but is 1964
not an adopted person as defined in section 3107.45 of the Revised 1965
Code.1966

       (2) "Adoption file" means thea file maintained by the 1967
department of health under sectionsections 3705.12 to 3705.124 of 1968
the Revised Code.1969

       (2)(3) "Biological parent" means a parent, by birth, of a 1970
person who is, or is to become, an adopted person.1971

       (4) "Biological sibling" means a sibling, by birth, of a 1972
person who is, or is to become, an adopted person.1973

       (5) "File of releases" means the filing system for releases 1974
that former section 3107.40 of the Revised Code, as repealed by 1975
S.B. 23 of the 130th general assembly, required the department of 1976
health to maintain.1977

       (6) "Items of identification" include a motor vehicle 1978
driver's or commercial driver's license, an identification card 1979
issued under sections 4507.50 to 4507.52 of the Revised Code, a 1980
marriage application, a social security card, a credit card, a 1981
military identification card, or an employee identification card.1982

       (7) "Lineal descendant of an adopted person" means a person 1983
who by reason of blood or adoption is a lineal descendant of an 1984
adopted person.1985

       (8) "Offspring" means a child, by birth, of a person.1986

       (9) "Release" means both of the following:1987

       (a) A release filed by a biological parent or biological 1988
sibling pursuant to former section 3107.40 of the Revised Code, as 1989
repealed by S.B. 23 of the 130th general assembly, that authorized 1990
the release of identifying information to the biological parent's 1991
offspring or the release of specified information to the 1992
biological sibling's adopted sibling pursuant to former section 1993
3107.41 of the Revised Code, as repealed by S.B. 23 of the 130th 1994
general assembly;1995

       (b) A withdrawal of release filed by a biological parent or 1996
biological sibling pursuant to former section 3107.40 of the 1997
Revised Code, as repealed by S.B. 23 of the 130th general 1998
assembly.1999

       (B) AnSubject to division (C) of this section, an adopted 2000
person whose birth occurred in this state and whose adoption was 2001
decreed prior to January 1, 1964,or lineal descendant of an 2002
adopted person may do either or both of the following:2003

       (1) Submitsubmit a written request to the department of 2004
health for the department to provide the adopted person or lineal 2005
descendant of an adopted person with a copy of the contents of the 2006
adopted person's adoption file. The request shall provide the 2007
adopted person'srequester's address,and notarized signature, and 2008
be accompanied by two items of identification of the adopted 2009
personrequester. If the adopted person submits suchrequester is 2010
a lineal descendant of an adopted person, the request shall also 2011
provide notarized documentation evidencing the requester's 2012
relationship to the adopted person. On receipt of a request,and 2013
payment of the fee required by section 3705.241 of the Revised 2014
Code is paid, and the department has an adoption file for the 2015
adopted person, the department shall mail to the adopted person2016
requester, at the address provided in the request, a copy of the 2017
contents of the adopted person's adoption file if the department 2018
has an adoption file, including all releases transferred to the 2019
adoption file pursuant to section 3107.381 of the Revised Code, 2020
for the adopted person.2021

       (2) File a petition pursuant to section 3107.41 of the 2022
Revised Code for the release of information regarding the adopted 2023
person's name by birth and the identity of the adopted person's 2024
biological parent and biological sibling.2025

       (C) An adopted person or lineal descendant of an adopted 2026
person may not submit a request under this section until the 2027
adopted person or lineal descendant is at least eighteen years of 2028
age.2029

       Sec. 3107.381.  If the file of releases contains one or more 2030
releases that pertain to an adopted person and the department of 2031
health has an adoption file for the adopted person, the department 2032
shall transfer all of the releases pertaining to the adopted 2033
person, including releases for which withdrawals of releases were 2034
filed, to the adopted person's adoption file.2035

       An adopted person or lineal descendant of an adopted person 2036
who obtains the contents of the adopted person's adoption file 2037
pursuant to section 3107.38 of the Revised Code may use the 2038
releases, along with any contact preference forms placed in the 2039
adoption file pursuant to section 3107.39 of the Revised Code, in 2040
determining whether and how to contact a biological parent or 2041
biological sibling. Releases are advisory only and therefore 2042
unenforceable.2043

       Sec. 3107.39.  (A) The department of job and family services 2044
shall prescribe a contact preference form for biological parents. 2045
The form shall include all of the following:2046

       (1) A component in which a biological parent is to indicate 2047
one of the following regarding a person who receives, under 2048
section 3107.38 of the Revised Code, a copy of the contents of the 2049
adoption file of the parent's offspring:2050

       (a) That the biological parent welcomes the person to contact 2051
the parent directly;2052

       (b) That the biological parent prefers that the person 2053
contact the parent through an intermediary who the parent 2054
specifies on the form;2055

       (c) That the biological parent prefers that the person not 2056
contact the parent directly or through an intermediary.2057

       (2) Provisions necessary for the department of health to be 2058
able to identify the adoption file of the adopted person to whom 2059
the form pertains;2060

       (3) The following notices:2061

       (a) If a social and medical history for the biological parent 2062
was not previously prepared or such a history was prepared but 2063
should be corrected or expanded, that the biological parent is 2064
encouraged to do the following as appropriate:2065

       (i) Complete a social and medical history form in accordance 2066
with section 3107.091 or 3107.40 of the Revised Code;2067

       (ii) Correct or expand the biological parent's social and 2068
medical history in accordance with division (D) of section 3107.09 2069
of the Revised Code.2070

       (b) That a biological parent's preference regarding contact 2071
as indicated on a completed contact preference form is advisory 2072
only and therefore unenforceable;2073

       (c) That the biological parent may change the parent's 2074
indicated preference regarding contact by filing a new contact 2075
preference form with the department of health.2076

       (4) A space in which the biological parent indicates whether 2077
one or more of the following apply:2078

       (a) The biological parent knows that a social and medical 2079
history was prepared for the biological parent pursuant to section 2080
3107.09 of the Revised Code;2081

       (b) The biological parent completed a social and medical 2082
history form in accordance with section 3107.091 or 3107.40 of the 2083
Revised Code;2084

       (c) The biological parent corrected or expanded the 2085
biological parent's social and medical history in accordance with 2086
division (D) of section 3107.09 of the Revised Code.2087

       (5) A notice of both of the following:2088

       (a) That an adopted person may do either or both of the 2089
following:2090

       (i) Inspect, pursuant to division (D) of section 3107.17 of 2091
the Revised Code, a social and medical history form of a 2092
biological parent of the adopted person maintained by the court 2093
that entered the interlocutory order or final decree of adoption 2094
regarding the adopted person;2095

       (ii) Submit to that court, pursuant to division (E) of 2096
section 3107.17 of the Revised Code, a request for notification of 2097
a correction or expansion of a social and medical history of a 2098
biological parent of the adopted person.2099

       (b) That an adopted person who does not know which court 2100
entered the interlocutory order or final decree of adoption 2101
regarding the adopted person may seek assistance from the 2102
department of health in accordance with section 3107.171 of the 2103
Revised Code.2104

       (B) The department of job and family services shall make the 2105
contact preference form prescribed under this section available to 2106
the department of health. 2107

       (C) The department of health shall make a contact preference 2108
form available to a biological parent on request. The department 2109
of health may accept a completed contact preference form from a 2110
biological parent only if the parent provides it two items of 2111
identification of the parent. If the department of health 2112
determines that it may accept a completed contact preference form, 2113
it shall accept the form. As soon as the department identifies the 2114
adoption file of the adopted person to whom the form pertains, it 2115
shall place the form in that file. If there is a previously 2116
completed contact preference form from the biological parent in 2117
the adopted person's adoption file, the department of health shall 2118
replace the parent's older form with the parent's new form.2119

       (D) Subject to division (C) of this section, a biological 2120
parent may file a completed contact preference form with the 2121
department of health to change the parent's indicated preference 2122
regarding contact as many times as the parent wishes.2123

       Sec. 3107.40. The department of health shall attach a social 2124
and medical history form prescribed under section 3107.09 of the 2125
Revised Code to each contact preference form it makes available to 2126
a biological parent pursuant to section 3107.39 of the Revised 2127
Code. A biological parent for whom such a form was not completed 2128
in accordance with section 3107.09 of the Revised Code may 2129
complete the form. In completing the form, the biological parent 2130
may include information described in division (C) of section 2131
3107.09 of the Revised Code. The biological parent shall return 2132
the form to the department after completing it to the extent that 2133
the biological parent chooses to provide information. 2134

       Access to a social and medical history form completed under 2135
this section shall be granted in accordance with division (D) of 2136
section 3107.17 of the Revised Code.2137

       A biological parent who completes a social and medical 2138
history form under this section may correct or expand information 2139
included on the form in accordance with division (D) of section 2140
3107.09 of the Revised Code.2141

       This section does not preclude a biological parent from 2142
completing a social and medical history in accordance with section 2143
3107.091 of the Revised Code instead of this section.2144

       Sec. 3107.45.  As used in sections 3107.45 to 3107.53 of the 2145
Revised Code:2146

       (A) "Adopted person" means a person who, as a minor, was 2147
adopted but is not an "adopted person" as defined in section 2148
3107.39 of the Revised Codeand who, on or after September 18, 2149
1996, became available or potentially available for adoption. For 2150
the purpose of this division, a person was available or 2151
potentially available for adoption on or after September 18, 1996, 2152
if, on or after that date, either of the following occurred:2153

       (1) At least one of the person's birth parents executed 2154
consent to the person's adoption.2155

       (2) A probate court entered a finding that the consent of at 2156
least one of the person's birth parents to the person's adoption 2157
was not needed as determined pursuant to section 3107.07 of the 2158
Revised Code.2159

       (B) "Adoption file" means the file maintained by the 2160
department of health under sectionsections 3705.12 to 3705.124 of 2161
the Revised Code.2162

       (C) "Adoptive parent" means a person who adopted an adopted 2163
person.2164

       (D) "Authorization of release form" means the form prescribed 2165
under division (A)(2) of section 3107.50 of the Revised Code.2166

       (E) "Birth parent" means the biological parent of an adopted 2167
person.2168

       (F) "Birth sibling" means a biological sibling of an adopted 2169
person.2170

       (G) "Denial of release form" means either of the following:2171

       (1) The component of the form prescribed under division 2172
(A)(1)(b) of section 3107.083 if the birth parent checked the "no" 2173
space provided on that component.2174

       (2) The form prescribed under division (A)(1) of section 2175
3107.50 of the Revised Code.2176

       (H) "Effective denial of release form" means a denial of 2177
release form that has not been rescinded by an authorization of 2178
release form pursuant to division (B) of section 3107.46 of the 2179
Revised Code.2180

       (I) "Final decree of adoption" includes an interlocutory 2181
order of adoption that has become final.2182

       (J) "Identifying information" has the same meaning as in 2183
section 3107.01 of the Revised Code.2184

       (K) "Items of identification" include a motor vehicle 2185
driver's or commercial driver's license, an identification card 2186
issued under sections 4507.50 to 4507.52 of the Revised Code, a 2187
marriage application, a social security card, a credit card, a 2188
military identification card, or an employee identification card.2189

       Sec. 3107.66.  (A) As used in this section:2190

       (1) "Adopted person" includes both an "adopted person" as 2191
defined in section 3107.393107.38 of the Revised Code and an 2192
"adopted person" as defined in section 3107.45 of the Revised 2193
Code.2194

       (2) "Adoptive parent" means a person who adopted an adopted 2195
person.2196

       (3) "Birth parent" means the biological parent of an adopted 2197
person.2198

       (4) "Birth sibling" means a biological sibling of an adopted 2199
person.2200

       (B) An adopted person age eighteen or older, an adoptive 2201
parent of an adopted person under age eighteen, or an adoptive 2202
family member of a deceased adopted person may submit a written 2203
request to the agency or attorney who arranged the adopted 2204
person's adoption, or the probate court that finalized the adopted 2205
person's adoption, for the agency, attorney, or court to provide 2206
the adopted person, adoptive parent, or adoptive family member 2207
information about the adopted person's birth parent or birth 2208
sibling contained in the agency's, attorney's, or court's adoption 2209
records that is nonidentifying information. Except as provided in 2210
division (C) of this section, the agency, attorney, or court shall 2211
provide the adopted person, adoptive parent, or adoptive family 2212
member the information sought within a reasonable amount of time. 2213
The agency, attorney, or court may charge a reasonable fee for 2214
providing the information.2215

       A birth parent of an adopted person eighteen years of age or 2216
older, a birth sibling age eighteen or older, or a birth family 2217
member of a deceased birth parent may submit a written request to 2218
the agency or attorney who arranged the adopted person's adoption, 2219
or the probate court that finalized the adoption, for the agency, 2220
attorney, or court to provide the birth parent, birth sibling, or 2221
birth family member information about the adopted person or 2222
adoptive parent contained in the agency's, attorney's, or court's 2223
adoption records that is nonidentifying information. Except as 2224
provided in division (C) of this section, the agency, attorney, or 2225
court shall provide the birth parent, birth sibling, or birth 2226
family member the information sought within a reasonable amount of 2227
time. The agency, attorney, or court may charge a reasonable fee 2228
for providing the information.2229

       (C) An agency or attorney that has permanently ceased to 2230
arrange adoptions is not subject to division (B) of this section. 2231
If the adoption records of such an agency or attorney are held by 2232
a probate court, person, or other governmental entity pursuant to 2233
section 3107.67 of the Revised Code, the adopted person, adoptive 2234
parent, adoptive family member, birth parent, birth sibling, or 2235
birth family member may submit the written request that otherwise 2236
would be submitted to the agency or attorney under division (B) of 2237
this section to the court, person, or other governmental entity 2238
that holds the records. On receipt of the request, the court, 2239
person, or other governmental entity shall provide the information 2240
that the agency or attorney would have been required to provide 2241
within a reasonable amount of time. The court, person, or other 2242
governmental entity may charge a reasonable fee for providing the 2243
information.2244

       (D) Prior to providing nonidentifying information pursuant to 2245
division (B) or (C) of this section, the person or governmental 2246
entity providing the information shall review the record to ensure 2247
that all identifying information about any person contained in the 2248
record is deleted.2249

       (E) An agency, attorney, person, or other governmental entity 2250
may classify any information described in division (B)(2) of 2251
section 3107.60 of the Revised Code as identifying information and 2252
deny the request made under division (B) or (C) of this section if 2253
the agency, attorney, court, person, or other governmental entity 2254
determines that the information could lead to the identification 2255
of the adoptive parent. This determination shall be done on a 2256
case-by-case basis.2257

       Sec. 3705.07.  (A) The local registrar of vital statistics 2258
shall number consecutively the birth, fetal death, and death 2259
certificates in three separate series, beginning with "number one" 2260
for the first birth, the first fetal death, and the first death 2261
registered in each calendar year. Such local registrar shall sign 2262
the local registrar's name in attest to the date of filing in the 2263
local office. The local registrar shall make a complete and 2264
accurate copy of each birth, fetal death, and death certificate 2265
registered. Each copy shall be filed and permanently preserved as 2266
the local record of such birth, fetal death, or death except as 2267
provided in sections 3705.09 and, 3705.12, and 3705.124 of the 2268
Revised Code. The local record may be a typewritten, photographic, 2269
electronic, or other reproduction. On or before the tenth day of 2270
each month, the local registrar shall transmit to the state office 2271
of vital statistics all original birth, fetal death, death, and 2272
military service certificates received, and all social security 2273
numbers obtained under section 3705.09, 3705.10, or 3705.16 of the 2274
Revised Code, during the preceding month. The local registrar 2275
shall immediately notify the health commissioner with jurisdiction 2276
in the registration district of the receipt of a death certificate 2277
attesting that death resulted from a communicable disease.2278

       The office of vital statistics shall carefully examine the 2279
records and certificates received from local registrars of vital 2280
statistics and shall secure any further information that may be 2281
necessary to make each record and certificate complete and 2282
satisfactory. It shall arrange and preserve the records and 2283
certificates, or reproductions of them produced pursuant to 2284
section 3705.03 of the Revised Code, in a systematic manner and 2285
shall maintain a permanent index of all births, fetal deaths, and 2286
deaths registered, which shall show the name of the child or 2287
deceased person, place and date of birth or death, number of the 2288
record or certificate, and the volume in which it is contained.2289

       (B)(1) The office of vital statistics shall make available to 2290
the division of child support in the department of job and family 2291
services all social security numbers that were furnished to a 2292
local registrar of vital statistics under division (I) of section 2293
3705.09 or under section 3705.10 or 3705.16 of the Revised Code 2294
and that were transmitted to the office under division (A) of this 2295
section.2296

       (2) The office of vital statistics also shall make available 2297
to the division of child support in the department of job and 2298
family services any other information recorded in the birth record 2299
that may enable the division to use the social security numbers 2300
provided under division (B)(1) of this section to obtain the 2301
location of the father of the child whose birth certificate was 2302
accompanied by the social security number or to otherwise enforce 2303
a child support order pertaining to that child or any other child.2304

       Sec. 3705.08.  (A) The director of health, by rule, shall 2305
prescribe the form of records and certificates required by this 2306
chapter. Records and certificates shall include the items and 2307
information prescribed by the director, including the items 2308
recommended by the national center for health statistics of the 2309
United States department of health and human services, subject to 2310
approval of and modification by the director.2311

       (B) All birth certificates shall include a statement setting 2312
forth the names of the child's parents and a line for the mother's 2313
and the father's signature.2314

       (C) All death certificates shall include, in the medical 2315
certification portion of the certificate, a space to indicate, if 2316
the deceased individual is female and the manner of death is 2317
determined to be a suspicious or violent death, whether any of the 2318
following conditions apply to the individual:2319

       (1) Not pregnant within the past year;2320

       (2) Pregnant at the time of death;2321

       (3) Not pregnant, but had been pregnant within forty-two days 2322
prior to the time of death;2323

       (4) Not pregnant, but had been pregnant within forty-three 2324
days to one year prior to the time of death;2325

       (5) Unknown whether pregnant within the past year.2326

       (D)(1) The director shall prescribe methods, forms, and 2327
blanks and shall furnish necessary postage, forms, and blanks for 2328
obtaining registration of births, deaths, and other vital 2329
statistics in each registration district, and for preserving the 2330
records of the office of vital statistics, and no forms or blanks 2331
shall be used other than those prescribed by the director.2332

       (2) All birth, fetal death, and death records and 2333
certificates shall be printed legibly or typewritten in unfading 2334
black ink and signed. Except as provided in division (G) of 2335
section 3705.09, division (A) of section 3705.12, 3705.121, 2336
3705.122, or 3705.124, division (D) of section 3705.15, or section 2337
3705.16 of the Revised Code, a signature required on a birth, 2338
fetal death, or death certificate shall be written by the person 2339
required to sign and a facsimile signature shall not be used.2340

       (3) All vital records shall contain the date received for 2341
registration.2342

       (4) Information required in certificates, records, or reports 2343
authorized by this chapter may be filed and registered by 2344
photographic, electronic, or other means as prescribed by the 2345
director.2346

       Sec. 3705.12. (A)(1) the probate judge's Upon receipt of 2347
the items sent by a probate court pursuant to section 3107.19 of 2348
the Revised Code concerning the adoption of a child born in this 2349
state whose adoption was decreed on or after January 1, 1964, the 2350
department of health shall issue, unless otherwise requested by 2351
the adoptive parents, a new birth record using the child's adopted 2352
name and the names of and data concerning the adoptive parents. 2353
The new birth record shall have the same overall appearance as the 2354
record that would have been issued under section 3705.09 of the 2355
Revised Code if the adopted child had been born to the adoptive 2356
parents. Where handwriting is required to effect that appearance, 2357
the department shall supply the handwriting.2358

       (2) Upon the issuance of the new birth record, the original 2359
birth record shall cease to be a public record. The index 2360
references to the original birth record, including references that 2361
were not a public record under this section as it existed prior to 2362
the effective date of this amendment, are a public record under 2363
section 149.43 of the Revised Code. The department shall place the 2364
original birth record and the items sent by the probate court 2365
pursuant to section 3107.19 of the Revised Code in an adoption 2366
file and seal the file. The contents of the adoption file are not 2367
a public record and shall not be open to inspection, be copied, or2368
be available for copying, except as follows:2369

       (a) The department shall copy and provide an agency with a 2370
copy of the original birth record upon the presentation by the 2371
agency, by mail or in another reasonable manner, of a certified 2372
copy of an order issued by a probate judge under section 3107.41 2373
of the Revised Codeonly in accordance with section 3705.126 of 2374
the Revised Code. For the purposes of sections 149.43 and 1347.08 2375
of the Revised Code, the contents of the adoption file include any 2376
contact preference form or social and medical history accepted and 2377
maintained by the department.2378

       (b) The department shall inspect the file to determine the 2379
court involved for the purpose of division (D) of section 3107.09 2380
or section 3107.091 or provide the name of that court to an agency 2381
under the circumstances described in division (B)(2)(b) of section 2382
3107.41 of the Revised Code.2383

       (c) The department shall make the file's contents available 2384
to an adopted person or adoptive parent in accordance with section 2385
3107.47 of the Revised Code.2386

       (d) The department shall inspect the file to assist a birth 2387
parent or birth sibling in finding the adopted person's name by 2388
adoption in accordance with section 3107.49 of the Revised Code.2389

       (e) The department shall open the file to file a denial of 2390
release form under division (A) of section 3107.46 of the Revised 2391
Code or an authorization of release form under division (B) of 2392
that section.2393

       (f) The department shall open the file to file a request from 2394
an adopted person under division (A) of section 3107.48 of the 2395
Revised Code or to remove and destroy the request pursuant to 2396
division (B) of that section.2397

       (g) The court that decreed the adoption may order that the 2398
contents be made open for inspection or available for copying.2399

       (3) The department of health shall promptly forward a copy of 2400
the new birth record to the local registrar of vital statistics of 2401
the district in which the birth occurred. The local registrar 2402
shall file a copy of the new birth record along with and in the 2403
same manner as the other copies of birth records in the 2404
registrar's possession of the local registrar. All copies of the 2405
original birth record and all other papers, documents, and index 2406
references pertaining to the original birth record in the 2407
possession of the local registrar or the probate court shall be 2408
destroyed, except that the probate court shall retain permanently 2409
in the file of the adoption proceedings information that is 2410
necessary to enable the court to identify both the child's 2411
original birth record and the child's new birth record.2412

       (4) On receipt of the items sent by a probate court pursuant 2413
to section 3107.19 of the Revised Code concerning the adoption of 2414
a person born in a foreign country, the department of health shall 2415
issue a "foreign birth record" unless the adoptive parents or 2416
adopted person over eighteen years of age requests that such 2417
record not be issued.2418

       On receipt of an order issued under section 3107.18 of the 2419
Revised Code, the department of health shall issue a foreign birth 2420
record.2421

       A foreign birth record shall be the same in all respects as a 2422
birth record issued under division (A)(1) of this section, except 2423
that it shall show the actual country of birth. After registration 2424
of the birth record in the new name of the adopted person, the 2425
department shall place the items sent by the probate court in an 2426
adoption file and seal the file. The contents of the file shall 2427
not be open to inspection, be copied, or be available for copying, 2428
except as follows:2429

       (a) The department shall copy and provide an agency with a 2430
copy of the original birth record if available, upon presentation 2431
by the agency by mail or in another reasonable manner of a 2432
certified copy of an order issued by a probate judge under section 2433
3107.41 of the Revised Code.2434

       (b) The department shall inspect the envelope to determine 2435
the court involved in an adoption for the purpose of division (D) 2436
of section 3107.09 or section 3107.091 or provide the name of that 2437
court to an agency under the circumstances described in division 2438
(B)(2)(b) of section 3107.41 of the Revised Code.2439

       (c) The department shall make the file's contents available 2440
to an adopted person or adoptive parent in accordance with section 2441
3107.47 of the Revised Code.2442

       (d) The department shall inspect the file to examine the 2443
adoption certificate and to assist a birth parent or birth sibling 2444
in finding the adopted person's name by adoption in accordance 2445
with section 3107.49 of the Revised Code.2446

       (e) The department shall open the file to file a denial of 2447
release form under division (A) of section 3107.46 of the Revised 2448
Code or an authorization of release form under division (B) of 2449
that section.2450

       (f) The department shall open the file to file a request from 2451
an adopted person under division (A) of section 3107.48 of the 2452
Revised Code or to remove and destroy the request pursuant to 2453
division (B) of that section.2454

       (g) The court that decreed the adoption may order that the 2455
contents of the envelope be made open for inspection or available 2456
for copying.2457

       (5) A new birth record or foreign birth record, and any 2458
certified or exact copy of the new birth record or foreign birth 2459
record, when properly authenticated by a duly authorized person, 2460
shall be prima-facie evidence in all courts and places of the 2461
facts stated in the new birth record.2462

       (B) When the adoption of a child whose birth occurred in this 2463
state is decreed by a court in another state and when the 2464
department of health has received, from the court that decreed the 2465
adoption, an official communication containing information similar 2466
to that contained in the certificate of adoption for adoptions 2467
decreed in this state, division (A) of this section shall apply to 2468
the child's case just as if the adoption had taken place in this 2469
state. The department shall place the original birth record and 2470
all papers and documents in its possession that pertain to the 2471
original birth record or to the adoption of the child in an 2472
adoption file and seal the file. Index references to the original 2473
birth record, including references that were not a public record 2474
under this section as it existed prior to the effective date of 2475
this amendment, are a public record under section 149.43 of the 2476
Revised Code. The contents of the file shall be open to inspection 2477
and be copied or available for copying, and a copy of an original 2478
birth record shall be provided, only as authorized by division (A) 2479
of this section for adoptions decreed in this state.2480

       (C)(1) No original birth record of any person whose birth 2481
occurred in this state and whose adoption was decreed prior to 2482
January 1, 1964, no birth record in the adopted name of any person 2483
whose birth occurred in this state and whose adoption was decreed 2484
prior to January 1, 1964, and no papers or documents that pertain 2485
to either such type of birth record or to the adoption of any such 2486
person shall be sealed on or after March 19, 1985.2487

       (2) Original birth records of persons whose births occurred 2488
in this state and whose adoptions were decreed prior to January 1, 2489
1964, and papers and documents that pertain to original birth 2490
records or to the adoptions of such persons, that are in the 2491
possession of the department of health, and that were sealed 2492
pursuant to division (C) of this section as it existed prior to 2493
March 19, 1985, or that were mistakenly or otherwise sealed, shall 2494
be open to inspection by and either shall be copied or made 2495
available for copying by, the adopting parents, the adopted 2496
person, or any lineal descendant of the adopted person, upon 2497
request. In all other cases, such an original birth record and 2498
such papers shall not be open to inspection, be copied, or be 2499
available for copying, except as follows:2500

       (a) The department shall copy and provide an agency with a 2501
copy of the original birth record upon the presentation by the 2502
agency, by mail or in another reasonable manner, of a certified 2503
copy of an order issued by a probate judge under section 3107.41 2504
of the Revised Code.2505

       (b) The department shall inspect the file to determine the 2506
court involved in an adoption for the purpose of division (D) of 2507
section 3107.09 or section 3107.091 or provide the name of that 2508
court to an agency under the circumstances described in division 2509
(B)(2)(b) of section 3107.41 of the Revised Code.2510

       (c) The department shall provide an adopted person a copy of 2511
the contents of the adoption file pursuant to division (B)(1) of 2512
section 3107.38 of the Revised Code.2513

       (d) The court that decreed the adoption may order that the 2514
contents be made open for inspection or available for copying.2515

       (3) Birth records in the adopted names of persons whose 2516
births occurred in this state and whose adoptions were decreed 2517
prior to January 1, 1964, and papers and documents that pertain to 2518
such birth records or to the adoptions of such persons, that are 2519
in the possession of the department, and that were sealed pursuant 2520
to division (D) of this section as it existed prior to March 19, 2521
1985, shall be open to inspection by, and either shall be copied 2522
for or made available for copying by, the adopting parents, the 2523
adopted person, or any lineal descendant of the adopted person, 2524
upon request. In all other cases, such birth records and such 2525
papers and documents shall not be open to inspection, be copied, 2526
or be available for copying, except that the court that decreed 2527
the adoption may order that the contents be made open for 2528
inspection or available for copying.2529

       (D) An adopted person whose birth occurred in this state, 2530
whose adoption was decreed prior to January 1, 1964, who did not 2531
have a new or reissued birth record in the adopted person's 2532
adopted name prepared pursuant to division (C) or (D) of this 2533
section as those divisions existed prior to March 19, 1985, and 2534
whose adoption is in full force and effect, may apply to the 2535
department of health at any time for the preparation of a new 2536
birth record in the person's adopted name. Upon receipt of such an 2537
application, the department shall prepare a new birth record in 2538
the person's name, in accordance with, and in the form described 2539
in, division (A)(1) of this section. Upon the preparation of a 2540
birth record in that form, the original birth record of the 2541
applicant or the birth record issued in the adopted name of the 2542
applicant prior to January 1, 1964, that is being replaced, 2543
whichever is applicable, shall cease to be a public record; 2544
however, the department shall maintain that birth record and 2545
papers and documents that pertain to it or to the adoption of the 2546
applicant and upon request, the adoptive parents of the applicant, 2547
the applicant, or any lineal descendant of the applicant may 2548
inspect that birth record and those papers and records at all 2549
reasonable times and may copy it or any of them or obtain a copy 2550
of it or any of them at cost from the department. A birth record 2551
in an applicant's adopted name prepared by the department under 2552
this division, and any certified or exact copy of it that is 2553
properly authenticated by a duly authorized person, is prima-facie 2554
evidence in all courts and places of the facts stated in it.2555

       The department promptly shall forward a copy of a birth 2556
record in an applicant's adopted name that is prepared under this 2557
division to the local registrar of vital statistics of the 2558
district in which the applicant's birth occurred. The local 2559
registrar shall file the copy along with, and in the same manner 2560
as, the other copies of birth records in the registrar's 2561
possession. All copies of the applicant's original birth record or 2562
the birth record issued in the applicant's adopted name prior to 2563
January 1, 1964, that is being replaced, and all other papers, 2564
documents, and index references pertaining to it that are in the 2565
possession of the local registrar or a probate court shall be 2566
destroyed, except that the probate court shall retain permanently 2567
in the file of adoption proceedings information that is necessary 2568
to enable the court to identify both the applicant's original 2569
birth record or birth record issued in the applicant's adopted 2570
name prior to January 1, 1964, that is being replaced, and the new 2571
birth record in the applicant's adopted name that is prepared 2572
pursuant to this division in accordance with, and in the form 2573
described in, division (A)(1) of this section.2574

       Sec. 3705.121.  When the adoption of a child whose birth 2575
occurred in this state is decreed by a court in another state and 2576
when the department of health has received, from the court that 2577
decreed the adoption, an official communication containing 2578
information similar to that contained in the certificate of 2579
adoption for adoptions decreed in this state, section 3705.12 of 2580
the Revised Code shall apply to the child's case just as if the 2581
adoption had taken place in this state. The department shall place 2582
the original birth record and all papers and documents in its 2583
possession that pertain to the original birth record or to the 2584
adoption of the child in an adoption file and seal the file. The 2585
contents of the adoption file are not a public record and shall be 2586
made available only in accordance with section 3705.126 of the 2587
Revised Code. Index references to the original birth record, 2588
including references that were not a public record under section 2589
3705.12 of the Revised Code as that section existed before 2590
September 18, 1996, are a public record under section 149.43 of 2591
the Revised Code.2592

       Sec. 3705.122.  (A) The department of health shall issue a 2593
foreign birth record as follows:2594

       (1) On receipt of the items sent by a probate court pursuant 2595
to section 3107.19 of the Revised Code concerning the adoption of 2596
a person born in a foreign country, unless the adoptive parents or 2597
adopted person over eighteen years of age requests that such 2598
record not be issued;2599

       (2) On receipt of an order issued under section 3107.18 of 2600
the Revised Code.2601

       (B) A foreign birth record shall be the same in all respects 2602
as a birth record issued under section 3705.12 of the Revised 2603
Code, except that it shall show the actual country of birth. After 2604
registration of the birth record in the new name of the adopted 2605
person, the department shall place the items sent by the probate 2606
court in an adoption file and seal the file. The contents of the 2607
adoption file are not a public record and shall be made available 2608
only in accordance with section 3705.126 of the Revised Code.2609

       Sec. 3705.123.  No original birth record of any person whose 2610
birth occurred in this state and whose adoption was decreed before 2611
January 1, 1964, no birth record in the adopted name of any person 2612
whose birth occurred in this state and whose adoption was decreed 2613
before January 1, 1964, and no papers or documents that pertain to 2614
either such type of birth record or to the adoption of any such 2615
person shall be sealed on or after March 19, 1985. The department 2616
of health shall maintain in an adoption file all such records, 2617
papers, and documents that are in the possession of the department 2618
and were sealed pursuant to division (C) or (D) of section 3705.12 2619
of the Revised Code as it existed before March 19, 1985, or that 2620
were mistakenly or otherwise sealed. The contents of the adoption 2621
file are not a public record and shall be made available only in 2622
accordance with section 3705.126 of the Revised Code.2623

       Sec. 3705.124.  An adopted person whose birth occurred in 2624
this state, whose adoption was decreed before January 1, 1964, who 2625
did not have a new or reissued birth record in the person's 2626
adopted name prepared pursuant to division (C) or (D) of section 2627
3705.12 of the Revised Code as those divisions existed before 2628
March 19, 1985, and whose adoption is in full force and effect, 2629
may apply to the department of health at any time for the 2630
preparation of a new birth record in the person's adopted name. On 2631
receipt of such an application, the department shall prepare a new 2632
birth record in the person's name, in accordance with, and in the 2633
form described in, section 3705.12 of the Revised Code. On 2634
preparation of the new birth record, the original birth record of 2635
the applicant or the birth record issued in the adopted name of 2636
the applicant before January 1, 1964, that is being replaced, 2637
whichever is applicable, shall cease to be a public record. The 2638
department shall maintain the birth record that ceased to be a 2639
public record and papers and documents that pertain to it or to 2640
the adoption of the applicant in an adoption file. The contents of 2641
the adoption file are not a public record and shall be made 2642
available only in accordance with section 3705.126 of the Revised 2643
Code.2644

       The department promptly shall forward a copy of a new birth 2645
record in an applicant's adopted name that is prepared under this 2646
section to the local registrar of vital statistics of the district 2647
in which the applicant's birth occurred. The local registrar shall 2648
file the copy along with, and in the same manner as, the other 2649
copies of birth records in the registrar's possession. All copies 2650
of the applicant's original birth record or the birth record 2651
issued in the applicant's adopted name before January 1, 1964, 2652
that is being replaced, and all other papers, documents, and index 2653
references pertaining to it that are in the possession of the 2654
local registrar or a probate court shall be destroyed, except that 2655
the probate court shall retain permanently in the file of adoption 2656
proceedings information that is necessary to enable the court to 2657
identify both the applicant's original birth record or birth 2658
record issued in the applicant's adopted name before January 1, 2659
1964, that is being replaced, and the new birth record in the 2660
applicant's adopted name that is prepared pursuant to this 2661
section.2662

       Sec. 3705.125.  A new birth record or foreign birth record, 2663
and any certified or exact copy of the new birth record or foreign 2664
birth record, when properly authenticated by a duly authorized 2665
person, shall be prima facie evidence in all courts and places of 2666
the facts stated in the new birth record or foreign birth record.2667

       Sec. 3705.126.  The department of health shall neither open 2668
an adoption file nor make its contents available except as 2669
follows:2670

       (A) The department shall inspect the file to determine the 2671
court involved for the purpose of division (D) of section 3107.09 2672
or section 3107.091 or 3107.171 of the Revised Code.2673

       (B) The department shall make the file's contents available 2674
to an adopted person or lineal descendant of an adopted person in 2675
accordance with section 3107.38 of the Revised Code.2676

       (C) The department shall open the file to transfer releases 2677
to the file in accordance with section 3107.381 of the Revised 2678
Code. 2679

       (D) The department shall open the file to file a contact 2680
preference form from a biological parent pursuant to section 2681
3107.39 of the Revised Code and remove any previously filed 2682
contact preference form from the biological parent.2683

       (E) The department shall open the file to file a denial of 2684
release form under division (A) of section 3107.46 of the Revised 2685
Code or an authorization of release form under division (B) of 2686
that section.2687

       (F) The department shall make the file's contents available 2688
to an adopted person or adoptive parent in accordance with section 2689
3107.47 of the Revised Code.2690

       (G) The department shall open the file to file a request from 2691
an adopted person under division (A) of section 3107.48 of the 2692
Revised Code or to remove and destroy the request pursuant to 2693
division (B) of that section.2694

       (H) The department shall inspect the file to assist a birth 2695
parent or birth sibling in finding the adopted person's name by 2696
adoption in accordance with section 3107.49 of the Revised Code.2697

       (I) The court that decreed the adoption may order that the 2698
contents be made open for inspection or available for copying.2699

       Sec. 3705.23.  (A)(1) Except as otherwise provided in this 2700
section, the director of health, the state registrar, or a local 2701
registrar, on receipt of a signed application and the fee 2702
specified in section 3705.24 of the Revised Code, shall issue a 2703
certified copy of a vital record, or of a part of a vital record, 2704
in the director's or registrar's custody to any applicant, unless 2705
the vital record has ceased to be a public record pursuant to 2706
section 3705.09, 3705.11, 3705.12, 3705.121, 3705.122, 3705.123, 2707
3705.124, or 3705.15 of the Revised Code. The certified copy shall 2708
show the date the vital record was registered by the local 2709
registrar.2710

       (2) A certified copy of a vital record may be made by a 2711
mechanical, electronic, or other reproduction process. It shall be 2712
certified as a true copy by the director, state registrar, or 2713
local registrar who has custody of the record and shall include 2714
the date of issuance, the name of the issuing officer, the 2715
signature of the officer or an authorized facsimile of the 2716
signature, and the seal of the issuing office.2717

       (3) A certified copy of a vital record or of any part of a 2718
vital record, issued in accordance with this section, shall be 2719
considered for all purposes the same as the original and shall be 2720
prima-facie evidence of the facts stated in it in all courts and 2721
places.2722

       (4)(a) Information contained in the "information for medical 2723
and health use only" section of a birth record shall not be 2724
included as part of a certified copy of the birth record unless 2725
the information specifically is requested by the individual to 2726
whose birth the record attests, either of the individual's parents 2727
or the individual's guardian, a lineal descendant, or an official 2728
of the federal or state government or of a political subdivision 2729
of the state charged by law with detecting or prosecuting crime.2730

       (b) Except as provided in division (A)(4)(a) of this section, 2731
neither the office of vital statistics nor a local registrar shall 2732
disclose information contained in the "information for medical and 2733
health use only" section of a birth record unless a court, for 2734
good cause shown, orders disclosure of the information or the 2735
state registrar specifically authorizes release of the information 2736
for statistical or research purposes under conditions the state 2737
registrar, subject to the approval of the director of health, 2738
shall establish by rule.2739

       (B)(1) Unless the applicant specifically requests a certified 2740
copy, the director, the state registrar, or a local registrar, on 2741
receipt of a signed application for a birth record and the fee 2742
specified in section 3705.24 of the Revised Code, may issue a 2743
certification of birth, and the certification of birth shall 2744
contain at least the name, sex, date of birth, registration date, 2745
and place of birth of the person to whose birth the record attests 2746
and shall attest that the person's birth has been registered. A 2747
certification of birth shall be prima-facie evidence of the facts 2748
stated in it in all courts and places.2749

       (2) The director or the state registrar, on the receipt of a 2750
signed application for an heirloom certification of birth and the 2751
fee specified in section 3705.24 of the Revised Code, may issue an 2752
heirloom certification of birth. The director shall prescribe by 2753
rule guidelines for the form of an heirloom certification of 2754
birth, and the guidelines shall require the heirloom certification 2755
of birth to contain at least the name, sex, date of birth, 2756
registration date, and place of birth of the person to whose birth 2757
the record attests and to attest that the person's birth has been 2758
registered. An heirloom certification of birth shall be 2759
prima-facie evidence of the facts stated in it in all courts and 2760
places.2761

       (3) The director or the state registrar, on the receipt of an 2762
application signed by either parent, shall issue a certificate 2763
recognizing the delivery of a stillborn infant. The director shall 2764
prescribe guidelines by rule for the form of the certificate. The 2765
guidelines shall require that the certificate contain at least the 2766
name, sex, date of delivery, and place of delivery. The director 2767
or the state registrar shall charge no fee for the certificate. A 2768
certificate recognizing the delivery of a stillborn infant is not 2769
proof of a live birth for purposes of federal, state, and local 2770
taxes.2771

       (C) On evidence that a birth certificate was registered 2772
through misrepresentation or fraud, the state registrar may 2773
withhold the issuance of a certified copy of the birth record or a 2774
certification of birth until a court makes a determination that no 2775
misrepresentation or fraud occurred.2776

       Sec. 3705.241.  Not later than ninety days after the 2777
effective date of this sectionJune 30, 1996, the director of 2778
health shall adopt rules in accordance with Chapter 119. of the 2779
Revised Code establishing the fee for providing a copy of the 2780
contents of an adoption file pursuant to sections 3107.38 and 2781
3107.47 of the Revised Code.2782

       The director shall deposit fees collected under this section 2783
in the adoption records fund, which is hereby created in the state 2784
treasury. The department shall use the money in the fund to 2785
perform its duties under sectionsections 3107.38 and 3107.39 and 2786
sections 3107.45 to 3107.53 of the Revised Code.2787

       Sec. 3705.29.  (A) No person shall do any of the following:2788

       (1) Purposely make any false statement in a certificate, 2789
record, or report required by this chapter or in an application or 2790
amendment of it, or purposely supply false information with the 2791
intent that that information be used in the preparation of any 2792
such report, record, or certificate, or amendment of it;2793

       (2) Without lawful authority and with intent to deceive, 2794
counterfeit, alter, amend, or mutilate any certificate, record, or 2795
report required by this chapter or any certified copy of it;2796

       (3) Purposely obtain, possess, use, sell, furnish, or attempt 2797
to obtain, possess, use, sell, or furnish to another for the 2798
purpose of deception any certificate, record, or report required 2799
by this chapter or any certified copy of it, or any certificate, 2800
record, or report that is counterfeit, altered, or amended or 2801
false in whole or part;2802

       (4) Purposely obtain, possess, use, sell, furnish, or attempt 2803
to obtain, possess, use, sell, or furnish to another for the 2804
purpose of deception any certificate, record, or report required 2805
by this chapter, or any certified copy of it, that relates to the 2806
birth of another person, whether living or dead;2807

       (5) Without lawful authority, possess any certificate, 2808
record, or report required by this chapter or any copy of such a 2809
certificate, record, or report, knowing it to have been stolen or 2810
otherwise unlawfully obtained.2811

       (B) No person employed by the office of vital statistics or a 2812
local registrar shall purposely furnish or possess a birth record 2813
or certified copy of a birth record with intent that it be used 2814
for deception.2815

       (C) No person shall do any of the following:2816

       (1) Purposely refuse to provide information required by this 2817
chapter or rules adopted under it;2818

       (2) Purposely transport out of this state or accept for 2819
interment or other disposition a dead body without a permit 2820
required by this chapter;2821

       (3) Knowingly prepare, issue, sell, or give any record or 2822
certificate that is alleged to be an original vital record or a 2823
certified copy of a vital record if the person knows or has reason 2824
to know that it is not an original vital record or a certified 2825
copy of a vital record;2826

       (4) Refuse to comply with the requirements of this chapter or 2827
violate any of the provisions of this chapter.2828

       (D) No officer or employee of the department of health shall 2829
knowingly reveal or provide any information contained in an 2830
adoption file maintained by the department under section 3705.12, 2831
3705.121, 3705.122, 3705.123, or 3705.124 of the Revised Code to 2832
any person, or knowingly reveal or provide the contents of an 2833
adoption file to any person, unless authorized to do so by section 2834
3705.123705.126 of the Revised Code.2835

       (E) If a death, or a fetal death of at least twenty weeks of 2836
gestation, occurs under any circumstances mentioned in section 2837
313.12 of the Revised Code, the coroner of the county in which the 2838
death or fetal death occurs, or a deputy coroner, medical 2839
examiner, or deputy medical examiner serving in an equivalent 2840
capacity, shall certify the cause of that death unless the death 2841
was reported to the coroner, deputy coroner, medical examiner, or 2842
deputy medical examiner and that person, after a preliminary 2843
examination, declined to assert jurisdiction with respect to the 2844
death or fetal death.2845

       (F) No physician other than the coroner in the county in 2846
which a death, or a fetal death of at least twenty weeks of 2847
gestation, occurs, or a deputy coroner, medical examiner, or 2848
deputy medical examiner serving in an equivalent capacity, may 2849
certify any death or fetal death that occurs under any 2850
circumstances other than natural.2851

       (G) If a death, or a fetal death of at least twenty weeks of 2852
gestation, occurs under any circumstances mentioned in section 2853
313.12 of the Revised Code, no person shall knowingly present a 2854
death or fetal death certificate for the purpose of obtaining 2855
certification of the cause of death to any physician other than 2856
the coroner in the county in which the death or fetal death 2857
occurred, or to a deputy coroner, medical examiner, or deputy 2858
medical examiner serving in an equivalent capacity, unless that 2859
death or fetal death was reported to the coroner, deputy coroner, 2860
medical examiner, or deputy medical examiner and that person, 2861
after a preliminary examination, declined to assert jurisdiction 2862
with respect to the death or fetal death.2863

       (H) No person, with intent to defraud or knowing that the 2864
person is facilitating a fraud, shall do either of the following:2865

       (1) Certify a cause of death in violation of the prohibition 2866
of division (E) or (F) of this section;2867

       (2) Obtain or attempt to obtain a certification of the cause 2868
of a death or fetal death in violation of the prohibition of 2869
division (G) of this section.2870

       Sec. 5103.151.  (A) As used in this section and in section 2871
5103.152 of the Revised Code, "identifying information" has the 2872
same meaning as in section 3107.01 of the Revised Code.2873

       (B) Except as provided in division (C) of this section, a 2874
parent of a minor who will be, if adopted, an adopted person as 2875
defined in section 3107.45 of the Revised Code shall do all of the 2876
following as a condition of a juvenile court approving the 2877
parent's agreement with a public children services agency or 2878
private child placing agency under division (B)(1) of section 2879
5103.15 of the Revised Code:2880

       (1) Appear personally before the court;2881

       (2) Sign the component of the form prescribed under division 2882
(A)(1)(a) of section 3107.083 of the Revised Code;2883

       (3) Check either the "yes" or "no" space provided on the 2884
component of the form prescribed under division (A)(1)(b) of 2885
section 3107.083 of the Revised Code and sign that component;2886

       (4) If the parent is the mother, complete and sign the 2887
component of the form prescribed under division (A)(1)(c) of 2888
section 3107.083 of the Revised Code.2889

       At the time the parent signs the components of the form 2890
prescribed under divisions (A)(1)(a), (b), and (c) of section 2891
3107.083 of the Revised Code, the parent may sign, if the parent 2892
chooses to do so, the components of the form prescribed under 2893
divisions (A)(1)(d), (e), and (f) of that section. After the 2894
parent signs the components required to be signed and any 2895
discretionary components the parent chooses to sign, the parent or 2896
agency shall file the form and agreement with the court. The court 2897
or agency shall give the parent a copy of the form and agreement. 2898
The court and agency shall keep a copy of the form and agreement 2899
in the court and agency's records. The agency shall file a copy of 2900
the form and agreement with the probate court with which a 2901
petition to adopt the child who is the subject of the agreement is 2902
filed.2903

       The juvenile court shall question the parent to determine 2904
that the parent understands the adoption process, the 2905
ramifications of entering into a voluntary permanent custody 2906
surrender agreement, each component of the form prescribed under 2907
division (A)(1) of section 3107.083 of the Revised Code, and that 2908
the child and adoptive parent may receive identifying information 2909
about the parent in accordance with section 3107.47 of the Revised 2910
Code unless the parent checks the "no" space provided on the 2911
component of the form prescribed under division (A)(1)(b) of 2912
section 3107.083 of the Revised Code or has a denial of release 2913
form filed with the department of health under section 3107.46 of 2914
the Revised Code. The court also shall question the parent to 2915
determine that the parent enters into the permanent custody 2916
surrender agreement voluntarily and any decisions the parent makes 2917
in filling out the form prescribed under division (A)(1) of 2918
section 3107.083 of the Revised Code are made voluntarily.2919

       (C) A juvenile court may approve an agreement entered into 2920
under division (B)(1) of section 5103.15 of the Revised Code 2921
between a public children services agency or private child placing 2922
agency and the parents of a child who is less than six months of 2923
age and will be, if adopted, an adopted person as defined in 2924
section 3107.45 of the Revised Code without the parents personally 2925
appearing before the court if both parents do all of the 2926
following:2927

       (1) Enter into the agreement with the agency;2928

       (2) Sign the component of the form prescribed under division 2929
(A)(1)(a) of section 3107.083 of the Revised Code;2930

       (3) Check either the "yes" or "no" space provided on the 2931
component of the form prescribed under division (A)(1)(b) of 2932
section 3107.083 of the Revised Code and sign that component.2933

       At the time the parents sign the components of the form 2934
prescribed under divisions (A)(1)(a) and (b) of section 3107.083 2935
of the Revised Code, the mother shall complete and sign the 2936
component of the form prescribed under division (A)(1)(c) of that 2937
section and the agency shall provide the parents the opportunity 2938
to sign, if they choose to do so, the components of the form 2939
prescribed under divisions (A)(1)(d), (e), and (f) of that 2940
section. Not later than two business days after the parents enter 2941
into the agreements and sign the components of the form required 2942
to be signed and any discretionary components the parents choose 2943
to sign, the agency shall file the agreements and forms with the 2944
court. The agency shall give the parents a copy of the agreements 2945
and forms. At the time the agency files the agreements and forms 2946
with the court, the agency also shall file with the court all 2947
other documents the director of job and family services requires 2948
by rules adopted under division (D) of section 3107.083 of the 2949
Revised Code to be filed with the court. The court and agency 2950
shall keep a copy of the agreements, forms, and documents in the 2951
court and attorney's records. The agency shall file a copy of the 2952
agreements, forms, and documents with the probate court with which 2953
a petition to adopt the child who is the subject of the agreement 2954
is filed.2955

       (D) Except as provided in division (E) of this section, a 2956
parent of a minor, who will be, if adopted, an adopted person as 2957
defined in section 3107.393107.38 of the Revised Code, shall do 2958
all of the following as a condition of a juvenile court approving 2959
the parent's agreement with a public children services agency or 2960
private child placing agency under division (B)(1) of section 2961
5103.15 of the Revised Code:2962

       (1) Appear personally before the court;2963

       (2) Sign the component of the form prescribed under division 2964
(B)(1)(a) of section 3107.0813107.083 of the Revised Code;2965

       (3) If the parent is the mother, complete and sign the 2966
component of the form prescribed under division (B)(1)(b) of 2967
section 3107.083 of the Revised Code.2968

       At the time the parent signs the components prescribed under 2969
divisiondivisions (B)(1)(a) and (b) of section 3107.0813107.0832970
of the Revised Code, the parent may sign, if the parent chooses to 2971
do so, the components of the form prescribed under divisions 2972
(B)(1)(c), (d), and (e) of that section. After the parent signs 2973
the components required to be signed and any discretionary 2974
components the parent chooses to sign, the parent or agency shall 2975
file the form and agreement with the court. The court or agency 2976
shall give the parent a copy of the form and agreement. The court 2977
and agency shall keep a copy of the form and agreement in the 2978
court and agency's records. The agency shall file a copy of the 2979
form and agreement with the probate court with which a petition to 2980
adopt the child who is the subject of the agreement is filed.2981

       The juvenile court shall question the parent to determine 2982
that the parent understands the adoption process, the 2983
ramifications of entering into a voluntary permanent custody 2984
surrender agreement, and each component of the form prescribed 2985
under division (B)(1) of section 3107.083 of the Revised Code. The 2986
court also shall question the parent to determine that the parent 2987
enters into the permanent custody surrender agreement voluntarily 2988
and any decisions the parent makes in filling out the form are 2989
made voluntarily.2990

       (E) A juvenile court may approve an agreement entered into 2991
under division (B)(1) of section 5103.15 of the Revised Code 2992
between a public children services agency or private child placing 2993
agency and the parent of a child who is less than six months of 2994
age and will be, if adopted, an adopted person as defined in 2995
section 3107.393107.38 of the Revised Code without the parent 2996
personally appearing before the court if the parent does both of 2997
the following:2998

       (1) Signs the component of the form prescribed under division 2999
(B)(1)(a) of section 3107.083 of the Revised Code;3000

       (2) If the parent is the mother, completes and signs the 3001
component of the form prescribed under division (B)(1)(b) of 3002
section 3107.083 of the Revised Code.3003

       At the time the parent signs that component, the agency shall 3004
provide the parent the opportunity to sign, if the parent chooses 3005
to do so, the components of the form prescribed under divisions 3006
(B)(1)(c), (d), and (e) of section 3107.083 of the Revised Code. 3007
Not later than two business days after the parent enters into the 3008
agreement and signs the components of the form required to be 3009
signed and any discretionary components the parent chooses to 3010
sign, the agency shall file the agreement and form with the court. 3011
The agency shall give the parent a copy of the agreement and form. 3012
At the time the agency files the agreement and form with the 3013
court, the agency also shall file with the court all other 3014
documents the director of job and family services requires by 3015
rules adopted under division (D) of section 3107.083 of the 3016
Revised Code to be filed with the court. The court and agency 3017
shall keep a copy of the agreement, form, and documents in the 3018
court and agency's records. The agency shall file a copy of the 3019
agreement, form, and documents with the probate court with which a 3020
petition to adopt the child who is the subject of the agreement is 3021
filed.3022

       Sec. 5103.152.  Not less than seventy-two hours before a 3023
public children services agency or private child placing agency 3024
enters into an agreement with a parent under division (B) of 3025
section 5103.15 of the Revised Code, an assessor shall meet in 3026
person with the parent and do both of the following:3027

       (A) Provide the parent with a copy of the written materials 3028
about adoption prepared by the department of job and family 3029
services under division (C) of section 3107.083 of the Revised 3030
Code, discuss with the parent the adoption process and 3031
ramifications of a parent entering into a voluntary permanent 3032
custody surrender agreement, and provide the parent the 3033
opportunity to review the materials and ask questions about the 3034
materials, discussion, and related matters.;3035

       (B) UnlessIf the child who is the subject of the agreement, 3036
if adopted, will be an adopted person as defined in section 3037
3107.393107.45 of the Revised Code, inform the parent that the 3038
parent's child and the adoptive parent may receive, in accordance 3039
with section 3107.47 of the Revised Code, identifying information 3040
about the parent that is contained in the child's adoption file 3041
maintained by the department of health unless the parent checks 3042
the "no" space provided on the component of the form prescribed 3043
under division (A)(1)(b) of section 3107.083 of the Revised Code 3044
or signs and has filed with the department a denial of release 3045
form prescribed under section 3107.50 of the Revised Code.3046

       Section 2.  That existing sections 149.43, 1347.08, 2101.16, 3047
2101.162, 2101.24, 3107.071, 3107.081, 3107.082, 3107.083, 3048
3107.09, 3107.091, 3107.141, 3107.17, 3107.18, 3107.19, 3107.38, 3049
3107.45, 3107.66, 3705.07, 3705.08, 3705.12, 3705.23, 3705.241, 3050
3705.29, 5103.151, and 5103.152 and sections 3107.39, 3107.40, 3051
3107.41, 3107.42, 3107.43, and 3107.44 of the Revised Code are 3052
hereby repealed.3053

       Section 3. Sections 1 and 2 of this act shall take effect one 3054
year after the effective date of this act.3055

       Section 4.  The General Assembly, applying the principle 3056
stated in division (B) of section 1.52 of the Revised Code that 3057
amendments are to be harmonized if reasonably capable of 3058
simultaneous operation, finds that the following sections, 3059
presented in this act as composites of the sections, as amended by 3060
the acts indicated, are the resulting versions of the sections in 3061
effect prior to the effective date of the sections as presented in 3062
this act:3063

       Section 149.43 of the Revised Code as amended by Am. Sub. 3064
H.B. 487 and Am. Sub. S.B. 314, both of the 129th General 3065
Assembly.3066

       Section 3705.12 of the Revised Code as amended by Am. Sub. 3067
H.B. 266 and Am. Sub. H.B. 419, both of the 121st General 3068
Assembly.3069