Bill Text: OH SB389 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: Regarding minors and outpatient mental health treatment.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-11-18 - To Civil Justice [SB389 Detail]

Download: Ohio-2013-SB389-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 389

Senator Beagle 

Cosponsor: Senator Hite 

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A BILL

To amend sections 3109.051, 3109.11, 3109.12, and

1

5122.04 and to enact section 5122.041 of the

2

Revised Code regarding minors and outpatient

3

mental health treatment.

4

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

Section 1. That sections 3109.051, 3109.11, 3109.12, and	5
5122.04 be amended and section 5122.041 of the Revised Code be	6
enacted to read as follows:	7

Sec. 3109.051.  (A) If a divorce, dissolution, legal	8
separation, or annulment proceeding involves a child and if the	9
court has not issued a shared parenting decree, the court shall	10
consider any mediation report filed pursuant to section 3109.052	11
of the Revised Code and, in accordance with division (C) of this	12
section, shall make a just and reasonable order or decree	13
permitting each parent who is not the residential parent to have	14
parenting time with the child at the time and under the conditions	15
that the court directs, unless the court determines that it would	16
not be in the best interest of the child to permit that parent to	17
have parenting time with the child and includes in the journal its	18
findings of fact and conclusions of law. Whenever possible, the	19
order or decree permitting the parenting time shall ensure the	20
opportunity for both parents to have frequent and continuing	21
contact with the child, unless frequent and continuing contact by	22
either parent with the child would not be in the best interest of	23
the child. The court shall include in its final decree a specific	24
schedule of parenting time for that parent. Except as provided in	25
division (E)(6) of section 3113.31 of the Revised Code, if the	26
court, pursuant to this section, grants parenting time to a parent	27
or companionship or visitation rights to any other person with	28
respect to any child, it shall not require the public children	29
services agency to provide supervision of or other services	30
related to that parent's exercise of parenting time or that	31
person's exercise of companionship or visitation rights with	32
respect to the child. This section does not limit the power of a	33
juvenile court pursuant to Chapter 2151. of the Revised Code to	34
issue orders with respect to children who are alleged to be	35
abused, neglected, or dependent children or to make dispositions	36
of children who are adjudicated abused, neglected, or dependent	37
children or of a common pleas court to issue orders pursuant to	38
section 3113.31 of the Revised Code.	39

(B)(1) In a divorce, dissolution of marriage, legal	40
separation, annulment, or child support proceeding that involves a	41
child, the court may grant reasonable companionship or visitation	42
rights to any grandparent, any person related to the child by	43
consanguinity or affinity, or any other person other than a	44
parent, if all of the following apply:	45

(a) The grandparent, relative, or other person files a motion	46
with the court seeking companionship or visitation rights.	47

(b) The court determines that the grandparent, relative, or	48
other person has an interest in the welfare of the child.	49

(c) The court determines that the granting of the	50
companionship or visitation rights is in the best interest of the	51
child.	52

(2) A motion may be filed under division (B)(1) of this	53
section during the pendency of the divorce, dissolution of	54
marriage, legal separation, annulment, or child support proceeding	55
or, if a motion was not filed at that time or was filed at that	56
time and the circumstances in the case have changed, at any time	57
after a decree or final order is issued in the case.	58

(C) When determining whether to grant parenting time rights	59
to a parent pursuant to this section or section 3109.12 of the	60
Revised Code or to grant companionship or visitation rights to a	61
grandparent, relative, or other person pursuant to this section or	62
section 3109.11 or 3109.12 of the Revised Code, when establishing	63
a specific parenting time or visitation schedule, and when	64
determining other parenting time matters under this section or	65
section 3109.12 of the Revised Code or visitation matters under	66
this section or section 3109.11 or 3109.12 of the Revised Code,	67
the court shall consider any mediation report that is filed	68
pursuant to section 3109.052 of the Revised Code and shall	69
consider all other relevant factors, including, but not limited	70
to, all of the factors listed in division (D) of this section. In	71
considering the factors listed in division (D) of this section for	72
purposes of determining whether to grant parenting time or	73
visitation rights, establishing a specific parenting time or	74
visitation schedule, determining other parenting time matters	75
under this section or section 3109.12 of the Revised Code or	76
visitation matters under this section or under section 3109.11 or	77
3109.12 of the Revised Code, and resolving any issues related to	78
the making of any determination with respect to parenting time or	79
visitation rights or the establishment of any specific parenting	80
time or visitation schedule, the court, in its discretion, may	81
interview in chambers any or all involved children regarding their	82
wishes and concerns. If the court interviews any child concerning	83
the child's wishes and concerns regarding those parenting time or	84
visitation matters, the interview shall be conducted in chambers,	85
and no person other than the child, the child's attorney, the	86
judge, any necessary court personnel, and, in the judge's	87
discretion, the attorney of each parent shall be permitted to be	88
present in the chambers during the interview. No person shall	89
obtain or attempt to obtain from a child a written or recorded	90
statement or affidavit setting forth the wishes and concerns of	91
the child regarding those parenting time or visitation matters. A	92
court, in considering the factors listed in division (D) of this	93
section for purposes of determining whether to grant any parenting	94
time or visitation rights, establishing a parenting time or	95
visitation schedule, determining other parenting time matters	96
under this section or section 3109.12 of the Revised Code or	97
visitation matters under this section or under section 3109.11 or	98
3109.12 of the Revised Code, or resolving any issues related to	99
the making of any determination with respect to parenting time or	100
visitation rights or the establishment of any specific parenting	101
time or visitation schedule, shall not accept or consider a	102
written or recorded statement or affidavit that purports to set	103
forth the child's wishes or concerns regarding those parenting	104
time or visitation matters.	105

(D) In determining whether to grant parenting time to a	106
parent pursuant to this section or section 3109.12 of the Revised	107
Code or companionship or visitation rights to a grandparent,	108
relative, or other person pursuant to this section or section	109
3109.11 or 3109.12 of the Revised Code, in establishing a specific	110
parenting time or visitation schedule, and in determining other	111
parenting time matters under this section or section 3109.12 of	112
the Revised Code or visitation matters under this section or	113
section 3109.11 or 3109.12 of the Revised Code, the court shall	114
consider all of the following factors:	115

(1) The prior interaction and interrelationships of the child	116
with the child's parents, siblings, and other persons related by	117
consanguinity or affinity, and with the person who requested	118
companionship or visitation if that person is not a parent,	119
sibling, or relative of the child;	120

(2) The geographical location of the residence of each parent	121
and the distance between those residences, and if the person is	122
not a parent, the geographical location of that person's residence	123
and the distance between that person's residence and the child's	124
residence;	125

(3) The child's and parents' available time, including, but	126
not limited to, each parent's employment schedule, the child's	127
school schedule, and the child's and the parents' holiday and	128
vacation schedule;	129

(4) The age of the child;

130

(5) The child's adjustment to home, school, and community;

131

(6) If the court has interviewed the child in chambers,	132
pursuant to division (C) of this section, regarding the wishes and	133
concerns of the child as to parenting time by the parent who is	134
not the residential parent or companionship or visitation by the	135
grandparent, relative, or other person who requested companionship	136
or visitation, as to a specific parenting time or visitation	137
schedule, or as to other parenting time or visitation matters, the	138
wishes and concerns of the child, as expressed to the court;	139

(7) The health and safety of the child;

140

(8) The amount of time that will be available for the child	141
to spend with siblings;	142

(9) The mental and physical health of all parties;

143

(10) Each parent's willingness to reschedule missed parenting	144
time and to facilitate the other parent's parenting time rights,	145
and with respect to a person who requested companionship or	146
visitation, the willingness of that person to reschedule missed	147
visitation;	148

(11) In relation to parenting time, whether either parent	149
previously has been convicted of or pleaded guilty to any criminal	150
offense involving any act that resulted in a child being an abused	151
child or a neglected child; whether either parent, in a case in	152
which a child has been adjudicated an abused child or a neglected	153
child, previously has been determined to be the perpetrator of the	154
abusive or neglectful act that is the basis of the adjudication;	155
and whether there is reason to believe that either parent has	156
acted in a manner resulting in a child being an abused child or a	157
neglected child;	158

(12) In relation to requested companionship or visitation by	159
a person other than a parent, whether the person previously has	160
been convicted of or pleaded guilty to any criminal offense	161
involving any act that resulted in a child being an abused child	162
or a neglected child; whether the person, in a case in which a	163
child has been adjudicated an abused child or a neglected child,	164
previously has been determined to be the perpetrator of the	165
abusive or neglectful act that is the basis of the adjudication;	166
whether either parent previously has been convicted of or pleaded	167
guilty to a violation of section 2919.25 of the Revised Code	168
involving a victim who at the time of the commission of the	169
offense was a member of the family or household that is the	170
subject of the current proceeding; whether either parent	171
previously has been convicted of an offense involving a victim who	172
at the time of the commission of the offense was a member of the	173
family or household that is the subject of the current proceeding	174
and caused physical harm to the victim in the commission of the	175
offense; and whether there is reason to believe that the person	176
has acted in a manner resulting in a child being an abused child	177
or a neglected child;	178

(13) Whether the residential parent or one of the parents	179
subject to a shared parenting decree has continuously and	180
willfully denied the other parent's right to parenting time in	181
accordance with an order of the court;	182

(14) Whether either parent has established a residence or is	183
planning to establish a residence outside this state;	184

(15) In relation to requested companionship or visitation by	185
a person other than a parent, the wishes and concerns of the	186
child's parents, as expressed by them to the court;	187

(16) Any other factor in the best interest of the child.

188

(E) The remarriage of a residential parent of a child does	189
not affect the authority of a court under this section to grant	190
parenting time rights with respect to the child to the parent who	191
is not the residential parent or to grant reasonable companionship	192
or visitation rights with respect to the child to any grandparent,	193
any person related by consanguinity or affinity, or any other	194
person.	195

(F)(1) If the court, pursuant to division (A) of this	196
section, denies parenting time to a parent who is not the	197
residential parent or denies a motion for reasonable companionship	198
or visitation rights filed under division (B) of this section and	199
the parent or movant files a written request for findings of fact	200
and conclusions of law, the court shall state in writing its	201
findings of fact and conclusions of law in accordance with Civil	202
Rule 52.	203

(2) On or before July 1, 1991, each court of common pleas, by	204
rule, shall adopt standard parenting time guidelines. A court	205
shall have discretion to deviate from its standard parenting time	206
guidelines based upon factors set forth in division (D) of this	207
section.	208

(G)(1) If the residential parent intends to move to a	209
residence other than the residence specified in the parenting time	210
order or decree of the court, the parent shall file a notice of	211
intent to relocate with the court that issued the order or decree.	212
Except as provided in divisions (G)(2), (3), and (4) of this	213
section, the court shall send a copy of the notice to the parent	214
who is not the residential parent. Upon receipt of the notice, the	215
court, on its own motion or the motion of the parent who is not	216
the residential parent, may schedule a hearing with notice to both	217
parents to determine whether it is in the best interest of the	218
child to revise the parenting time schedule for the child.	219

(2) When a court grants parenting time rights to a parent who	220
is not the residential parent, the court shall determine whether	221
that parent has been convicted of or pleaded guilty to a violation	222
of section 2919.25 of the Revised Code involving a victim who at	223
the time of the commission of the offense was a member of the	224
family or household that is the subject of the proceeding, has	225
been convicted of or pleaded guilty to any other offense involving	226
a victim who at the time of the commission of the offense was a	227
member of the family or household that is the subject of the	228
proceeding and caused physical harm to the victim in the	229
commission of the offense, or has been determined to be the	230
perpetrator of the abusive act that is the basis of an	231
adjudication that a child is an abused child. If the court	232
determines that that parent has not been so convicted and has not	233
been determined to be the perpetrator of an abusive act that is	234
the basis of a child abuse adjudication, the court shall issue an	235
order stating that a copy of any notice of relocation that is	236
filed with the court pursuant to division (G)(1) of this section	237
will be sent to the parent who is given the parenting time rights	238
in accordance with division (G)(1) of this section.	239

If the court determines that the parent who is granted the	240
parenting time rights has been convicted of or pleaded guilty to a	241
violation of section 2919.25 of the Revised Code involving a	242
victim who at the time of the commission of the offense was a	243
member of the family or household that is the subject of the	244
proceeding, has been convicted of or pleaded guilty to any other	245
offense involving a victim who at the time of the commission of	246
the offense was a member of the family or household that is the	247
subject of the proceeding and caused physical harm to the victim	248
in the commission of the offense, or has been determined to be the	249
perpetrator of the abusive act that is the basis of an	250
adjudication that a child is an abused child, it shall issue an	251
order stating that that parent will not be given a copy of any	252
notice of relocation that is filed with the court pursuant to	253
division (G)(1) of this section unless the court determines that	254
it is in the best interest of the children to give that parent a	255
copy of the notice of relocation, issues an order stating that	256
that parent will be given a copy of any notice of relocation filed	257
pursuant to division (G)(1) of this section, and issues specific	258
written findings of fact in support of its determination.	259

(3) If a court, prior to April 11, 1991, issued an order	260
granting parenting time rights to a parent who is not the	261
residential parent and did not require the residential parent in	262
that order to give the parent who is granted the parenting time	263
rights notice of any change of address and if the residential	264
parent files a notice of relocation pursuant to division (G)(1) of	265
this section, the court shall determine if the parent who is	266
granted the parenting time rights has been convicted of or pleaded	267
guilty to a violation of section 2919.25 of the Revised Code	268
involving a victim who at the time of the commission of the	269
offense was a member of the family or household that is the	270
subject of the proceeding, has been convicted of or pleaded guilty	271
to any other offense involving a victim who at the time of the	272
commission of the offense was a member of the family or household	273
that is the subject of the proceeding and caused physical harm to	274
the victim in the commission of the offense, or has been	275
determined to be the perpetrator of the abusive act that is the	276
basis of an adjudication that a child is an abused child. If the	277
court determines that the parent who is granted the parenting time	278
rights has not been so convicted and has not been determined to be	279
the perpetrator of an abusive act that is the basis of a child	280
abuse adjudication, the court shall issue an order stating that a	281
copy of any notice of relocation that is filed with the court	282
pursuant to division (G)(1) of this section will be sent to the	283
parent who is granted parenting time rights in accordance with	284
division (G)(1) of this section.	285

If the court determines that the parent who is granted the	286
parenting time rights has been convicted of or pleaded guilty to a	287
violation of section 2919.25 of the Revised Code involving a	288
victim who at the time of the commission of the offense was a	289
member of the family or household that is the subject of the	290
proceeding, has been convicted of or pleaded guilty to any other	291
offense involving a victim who at the time of the commission of	292
the offense was a member of the family or household that is the	293
subject of the proceeding and caused physical harm to the victim	294
in the commission of the offense, or has been determined to be the	295
perpetrator of the abusive act that is the basis of an	296
adjudication that a child is an abused child, it shall issue an	297
order stating that that parent will not be given a copy of any	298
notice of relocation that is filed with the court pursuant to	299
division (G)(1) of this section unless the court determines that	300
it is in the best interest of the children to give that parent a	301
copy of the notice of relocation, issues an order stating that	302
that parent will be given a copy of any notice of relocation filed	303
pursuant to division (G)(1) of this section, and issues specific	304
written findings of fact in support of its determination.	305

(4) If a parent who is granted parenting time rights pursuant	306
to this section or any other section of the Revised Code is	307
authorized by an order issued pursuant to this section or any	308
other court order to receive a copy of any notice of relocation	309
that is filed pursuant to division (G)(1) of this section or	310
pursuant to court order, if the residential parent intends to move	311
to a residence other than the residence address specified in the	312
parenting time order, and if the residential parent does not want	313
the parent who is granted the parenting time rights to receive a	314
copy of the relocation notice because the parent with parenting	315
time rights has been convicted of or pleaded guilty to a violation	316
of section 2919.25 of the Revised Code involving a victim who at	317
the time of the commission of the offense was a member of the	318
family or household that is the subject of the proceeding, has	319
been convicted of or pleaded guilty to any other offense involving	320
a victim who at the time of the commission of the offense was a	321
member of the family or household that is the subject of the	322
proceeding and caused physical harm to the victim in the	323
commission of the offense, or has been determined to be the	324
perpetrator of the abusive act that is the basis of an	325
adjudication that a child is an abused child, the residential	326
parent may file a motion with the court requesting that the parent	327
who is granted the parenting time rights not receive a copy of any	328
notice of relocation. Upon the filing of the motion, the court	329
shall schedule a hearing on the motion and give both parents	330
notice of the date, time, and location of the hearing. If the	331
court determines that the parent who is granted the parenting time	332
rights has been so convicted or has been determined to be the	333
perpetrator of an abusive act that is the basis of a child abuse	334
adjudication, the court shall issue an order stating that the	335
parent who is granted the parenting time rights will not be given	336
a copy of any notice of relocation that is filed with the court	337
pursuant to division (G)(1) of this section or that the	338
residential parent is no longer required to give that parent a	339
copy of any notice of relocation unless the court determines that	340
it is in the best interest of the children to give that parent a	341
copy of the notice of relocation, issues an order stating that	342
that parent will be given a copy of any notice of relocation filed	343
pursuant to division (G)(1) of this section, and issues specific	344
written findings of fact in support of its determination. If it	345
does not so find, it shall dismiss the motion.	346

(H)(1) Subject to section 3125.16 and division (F) of section	347
3319.321 of the Revised Code, a parent of a child who is not the	348
residential parent of the child is entitled to access, under the	349
same terms and conditions under which access is provided to the	350
residential parent, to any record that is related to the child and	351
to which the residential parent of the child legally is provided	352
access, unless the court determines that it would not be in the	353
best interest of the child for the parent who is not the	354
residential parent to have access to the records under those same	355
terms and conditions. If the court determines that the parent of a	356
child who is not the residential parent should not have access to	357
records related to the child under the same terms and conditions	358
as provided for the residential parent, the court shall specify	359
the terms and conditions under which the parent who is not the	360
residential parent is to have access to those records, shall enter	361
its written findings of facts and opinion in the journal, and	362
shall issue an order containing the terms and conditions to both	363
the residential parent and the parent of the child who is not the	364
residential parent. The court shall include in every order issued	365
pursuant to this division notice that any keeper of a record who	366
knowingly fails to comply with the order or division (H) of this	367
section is in contempt of court.	368

(2) Subject to section 3125.16 and division (F) of section	369
3319.321 of the Revised Code, subsequent to the issuance of an	370
order under division (H)(1) of this section, the keeper of any	371
record that is related to a particular child and to which the	372
residential parent legally is provided access shall permit the	373
parent of the child who is not the residential parent to have	374
access to the record under the same terms and conditions under	375
which access is provided to the residential parent, unless the	376
residential parent has presented the keeper of the record with a	377
copy of an order issued under division (H)(1) of this section that	378
limits the terms and conditions under which the parent who is not	379
the residential parent is to have access to records pertaining to	380
the child and the order pertains to the record in question. If the	381
residential parent presents the keeper of the record with a copy	382
of that type of order, the keeper of the record shall permit the	383
parent who is not the residential parent to have access to the	384
record only in accordance with the most recent order that has been	385
issued pursuant to division (H)(1) of this section and presented	386
to the keeper by the residential parent or the parent who is not	387
the residential parent. Any keeper of any record who knowingly	388
fails to comply with division (H) of this section or with any	389
order issued pursuant to division (H)(1) of this section is in	390
contempt of court.	391

(3) The prosecuting attorney of any county may file a	392
complaint with the court of common pleas of that county requesting	393
the court to issue a protective order preventing the disclosure	394
pursuant to division (H)(1) or (2) of this section of any	395
confidential law enforcement investigatory record. The court shall	396
schedule a hearing on the motion and give notice of the date,	397
time, and location of the hearing to all parties.	398

(I) A court that issues a parenting time order or decree	399
pursuant to this section or section 3109.12 of the Revised Code	400
shall determine whether the parent granted the right of parenting	401
time is to be permitted access, in accordance with section	402
5104.011 of the Revised Code, to any child day-care center that	403
is, or that in the future may be, attended by the children with	404
whom the right of parenting time is granted. Unless the court	405
determines that the parent who is not the residential parent	406
should not have access to the center to the same extent that the	407
residential parent is granted access to the center, the parent who	408
is not the residential parent and who is granted parenting time	409
rights is entitled to access to the center to the same extent that	410
the residential parent is granted access to the center. If the	411
court determines that the parent who is not the residential parent	412
should not have access to the center to the same extent that the	413
residential parent is granted such access under division (C) of	414
section 5104.011 of the Revised Code, the court shall specify the	415
terms and conditions under which the parent who is not the	416
residential parent is to have access to the center, provided that	417
the access shall not be greater than the access that is provided	418
to the residential parent under division (C) of section 5104.011	419
of the Revised Code, the court shall enter its written findings of	420
fact and opinions in the journal, and the court shall include the	421
terms and conditions of access in the parenting time order or	422
decree.	423

(J)(1) Subject to division (F) of section 3319.321 of the	424
Revised Code, when a court issues an order or decree allocating	425
parental rights and responsibilities for the care of a child, the	426
parent of the child who is not the residential parent of the child	427
is entitled to access, under the same terms and conditions under	428
which access is provided to the residential parent, to any student	429
activity that is related to the child and to which the residential	430
parent of the child legally is provided access, unless the court	431
determines that it would not be in the best interest of the child	432
to grant the parent who is not the residential parent access to	433
the student activities under those same terms and conditions. If	434
the court determines that the parent of the child who is not the	435
residential parent should not have access to any student activity	436
that is related to the child under the same terms and conditions	437
as provided for the residential parent, the court shall specify	438
the terms and conditions under which the parent who is not the	439
residential parent is to have access to those student activities,	440
shall enter its written findings of facts and opinion in the	441
journal, and shall issue an order containing the terms and	442
conditions to both the residential parent and the parent of the	443
child who is not the residential parent. The court shall include	444
in every order issued pursuant to this division notice that any	445
school official or employee who knowingly fails to comply with the	446
order or division (J) of this section is in contempt of court.	447

(2) Subject to division (F) of section 3319.321 of the	448
Revised Code, subsequent to the issuance of an order under	449
division (J)(1) of this section, all school officials and	450
employees shall permit the parent of the child who is not the	451
residential parent to have access to any student activity under	452
the same terms and conditions under which access is provided to	453
the residential parent of the child, unless the residential parent	454
has presented the school official or employee, the board of	455
education of the school, or the governing body of the chartered	456
nonpublic school with a copy of an order issued under division	457
(J)(1) of this section that limits the terms and conditions under	458
which the parent who is not the residential parent is to have	459
access to student activities related to the child and the order	460
pertains to the student activity in question. If the residential	461
parent presents the school official or employee, the board of	462
education of the school, or the governing body of the chartered	463
nonpublic school with a copy of that type of order, the school	464
official or employee shall permit the parent who is not the	465
residential parent to have access to the student activity only in	466
accordance with the most recent order that has been issued	467
pursuant to division (J)(1) of this section and presented to the	468
school official or employee, the board of education of the school,	469
or the governing body of the chartered nonpublic school by the	470
residential parent or the parent who is not the residential	471
parent. Any school official or employee who knowingly fails to	472
comply with division (J) of this section or with any order issued	473
pursuant to division (J)(1) of this section is in contempt of	474
court.	475

(K) When a court issues an order or decree allocating	476
parental rights and responsibilities for the care of a child, the	477
parent of the child who is not the residential parent is entitled	478
to notice regarding outpatient mental health services provided	479
pursuant to section 5122.04 of the Revised Code under the same	480
terms and conditions as the residential parent, unless the court	481
determines that it would not be in the best interest of the child	482
to notify the parent who is not the residential parent of those	483
services. If the court determines that the parent of a child who	484
is not the residential parent should not be notified regarding	485
outpatient mental health services for the child, the court shall	486
include in the journal its written findings of fact and opinion.	487

(L) If any person is found in contempt of court for failing	488
to comply with or interfering with any order or decree granting	489
parenting time rights issued pursuant to this section or section	490
3109.12 of the Revised Code or companionship or visitation rights	491
issued pursuant to this section, section 3109.11 or 3109.12 of the	492
Revised Code, or any other provision of the Revised Code, the	493
court that makes the finding, in addition to any other penalty or	494
remedy imposed, shall assess all court costs arising out of the	495
contempt proceeding against the person and require the person to	496
pay any reasonable attorney's fees of any adverse party, as	497
determined by the court, that arose in relation to the act of	498
contempt, and may award reasonable compensatory parenting time or	499
visitation to the person whose right of parenting time or	500
visitation was affected by the failure or interference if such	501
compensatory parenting time or visitation is in the best interest	502
of the child. Any compensatory parenting time or visitation	503
awarded under this division shall be included in an order issued	504
by the court and, to the extent possible, shall be governed by the	505
same terms and conditions as was the parenting time or visitation	506
that was affected by the failure or interference.	507

(L)(M) Any parent who requests reasonable parenting time	508
rights with respect to a child under this section or section	509
3109.12 of the Revised Code or any person who requests reasonable	510
companionship or visitation rights with respect to a child under	511
this section, section 3109.11 or 3109.12 of the Revised Code, or	512
any other provision of the Revised Code may file a motion with the	513
court requesting that it waive all or any part of the costs that	514
may accrue in the proceedings. If the court determines that the	515
movant is indigent and that the waiver is in the best interest of	516
the child, the court, in its discretion, may waive payment of all	517
or any part of the costs of those proceedings.	518

(M)(N)(1) A parent who receives an order for active military	519
service in the uniformed services and who is subject to a	520
parenting time order may apply to the court for any of the	521
following temporary orders for the period extending from the date	522
of the parent's departure to the date of return:	523

(a) An order delegating all or part of the parent's parenting	524
time with the child to a relative or to another person who has a	525
close and substantial relationship with the child if the	526
delegation is in the child's best interest;	527

(b) An order that the other parent make the child reasonably	528
available for parenting time with the parent when the parent is on	529
leave from active military service;	530

(c) An order that the other parent facilitate contact,	531
including telephone and electronic contact, between the parent and	532
child while the parent is on active military service.	533

(2)(a) Upon receipt of an order for active military service,	534
a parent who is subject to a parenting time order and seeks an	535
order under division (M)(N)(1) of this section shall notify the	536
other parent who is subject to the parenting time order and apply	537
to the court as soon as reasonably possible after receipt of the	538
order for active military service. The application shall include	539
the date on which the active military service begins.	540

(b) The court shall schedule a hearing upon receipt of an	541
application under division (M)(N) of this section and hold the	542
hearing not later than thirty days after its receipt, except that	543
the court shall give the case calendar priority and handle the	544
case expeditiously if exigent circumstances exist in the case. No	545
hearing shall be required if both parents agree to the terms of	546
the requested temporary order and the court determines that the	547
order is in the child's best interest.	548

(c) In determining whether a delegation under division	549
(M)(N)(1)(a) of this section is in the child's best interest, the	550
court shall consider all relevant factors, including the factors	551
set forth in division (D) of this section.	552

(d) An order delegating all or part of the parent's parenting	553
time pursuant to division (M)(N)(1)(a) of this section does not	554
create standing on behalf of the person to whom parenting time is	555
delegated to assert visitation or companionship rights independent	556
of the order.	557

(3) At the request of a parent who is ordered for active	558
military service in the uniformed services and who is a subject of	559
a proceeding pertaining to a parenting time order or pertaining to	560
a request for companionship rights or visitation with a child, the	561
court shall permit the parent to participate in the proceeding and	562
present evidence by electronic means, including communication by	563
telephone, video, or internet to the extent permitted by rules of	564
the supreme court of Ohio.	565

(N)(O) The juvenile court has exclusive jurisdiction to enter	566
the orders in any case certified to it from another court.	567

(O)(P) As used in this section:

568

(1) "Abused child" has the same meaning as in section	569
2151.031 of the Revised Code, and "neglected child" has the same	570
meaning as in section 2151.03 of the Revised Code.	571

(2) "Active military service" and "uniformed services" have	572
the same meanings as in section 3109.04 of the Revised Code.	573

(3) "Confidential law enforcement investigatory record" has	574
the same meaning as in section 149.43 of the Revised Code.	575

(4) "Parenting time order" means an order establishing the	576
amount of time that a child spends with the parent who is not the	577
residential parent or the amount of time that the child is to be	578
physically located with a parent under a shared parenting order.	579

(5) "Record" means any record, document, file, or other	580
material that contains information directly related to a child,	581
including, but not limited to, any of the following:	582

(a) Records maintained by public and nonpublic schools;

583

(b) Records maintained by facilities that provide child care,	584
as defined in section 5104.01 of the Revised Code, publicly funded	585
child care, as defined in section 5104.01 of the Revised Code, or	586
pre-school services operated by or under the supervision of a	587
school district board of education or a nonpublic school;	588

(c) Records maintained by hospitals, other facilities, or	589
persons providing medical or surgical care or treatment for the	590
child;	591

(d) Records maintained by agencies, departments,	592
instrumentalities, or other entities of the state or any political	593
subdivision of the state, other than a child support enforcement	594
agency. Access to records maintained by a child support	595
enforcement agency is governed by section 3125.16 of the Revised	596
Code.	597

Sec. 3109.11.  If either the father or mother of an unmarried	598
minor child is deceased, the court of common pleas of the county	599
in which the minor child resides may grant the parents and other	600
relatives of the deceased father or mother reasonable	601
companionship or visitation rights with respect to the minor child	602
during the child's minority if the parent or other relative files	603
a complaint requesting reasonable companionship or visitation	604
rights and if the court determines that the granting of the	605
companionship or visitation rights is in the best interest of the	606
minor child. In determining whether to grant any person reasonable	607
companionship or visitation rights with respect to any child, the	608
court shall consider all relevant factors, including, but not	609
limited to, the factors set forth in division (D) of section	610
3109.051 of the Revised Code. Divisions (C), (K), and (L), and (M)	611
of section 3109.051 of the Revised Code apply to the determination	612
of reasonable companionship or visitation rights under this	613
section and to any order granting any such rights that is issued	614
under this section.	615

The remarriage of the surviving parent of the child or the	616
adoption of the child by the spouse of the surviving parent of the	617
child does not affect the authority of the court under this	618
section to grant reasonable companionship or visitation rights	619
with respect to the child to a parent or other relative of the	620
child's deceased father or mother.	621

If the court denies a request for reasonable companionship or	622
visitation rights made pursuant to this section and the	623
complainant files a written request for findings of fact and	624
conclusions of law, the court shall state in writing its findings	625
of fact and conclusions of law in accordance with Civil Rule 52.	626

Except as provided in division (E)(6) of section 3113.31 of	627
the Revised Code, if the court, pursuant to this section, grants	628
any person companionship or visitation rights with respect to any	629
child, it shall not require the public children services agency to	630
provide supervision of or other services related to that person's	631
exercise of companionship or visitation rights with respect to the	632
child. This section does not limit the power of a juvenile court	633
pursuant to Chapter 2151. of the Revised Code to issue orders with	634
respect to children who are alleged to be abused, neglected, or	635
dependent children or to make dispositions of children who are	636
adjudicated abused, neglected, or dependent children or of a	637
common pleas court to issue orders pursuant to section 3113.31 of	638
the Revised Code.	639

Sec. 3109.12.  (A) If a child is born to an unmarried woman,	640
the parents of the woman and any relative of the woman may file a	641
complaint requesting the court of common pleas of the county in	642
which the child resides to grant them reasonable companionship or	643
visitation rights with the child. If a child is born to an	644
unmarried woman and if the father of the child has acknowledged	645
the child and that acknowledgment has become final pursuant to	646
section 2151.232, 3111.25, or 3111.821 of the Revised Code or has	647
been determined in an action under Chapter 3111. of the Revised	648
Code to be the father of the child, the father may file a	649
complaint requesting that the court of appropriate jurisdiction of	650
the county in which the child resides grant him reasonable	651
parenting time rights with the child and the parents of the father	652
and any relative of the father may file a complaint requesting	653
that the court grant them reasonable companionship or visitation	654
rights with the child.	655

(B) The court may grant the parenting time rights or	656
companionship or visitation rights requested under division (A) of	657
this section, if it determines that the granting of the parenting	658
time rights or companionship or visitation rights is in the best	659
interest of the child. In determining whether to grant reasonable	660
parenting time rights or reasonable companionship or visitation	661
rights with respect to any child, the court shall consider all	662
relevant factors, including, but not limited to, the factors set	663
forth in division (D) of section 3109.051 of the Revised Code.	664
Divisions (C), (K), and (L), and (M) of section 3109.051 of the	665
Revised Code apply to the determination of reasonable parenting	666
time rights or reasonable companionship or visitation rights under	667
this section and to any order granting any such rights that is	668
issued under this section.	669

The marriage or remarriage of the mother or father of a child	670
does not affect the authority of the court under this section to	671
grant the natural father reasonable parenting time rights or the	672
parents or relatives of the natural father or the parents or	673
relatives of the mother of the child reasonable companionship or	674
visitation rights with respect to the child.	675

If the court denies a request for reasonable parenting time	676
rights or reasonable companionship or visitation rights made	677
pursuant to division (A) of this section and the complainant files	678
a written request for findings of fact and conclusions of law, the	679
court shall state in writing its findings of fact and conclusions	680
of law in accordance with Civil Rule 52.	681

Except as provided in division (E)(6) of section 3113.31 of	682
the Revised Code, if the court, pursuant to this section, grants	683
parenting time rights or companionship or visitation rights with	684
respect to any child, it shall not require the public children	685
services agency to provide supervision of or other services	686
related to that parent's exercise of parenting time rights with	687
the child or that person's exercise of companionship or visitation	688
rights with the child. This section does not limit the power of a	689
juvenile court pursuant to Chapter 2151. of the Revised Code to	690
issue orders with respect to children who are alleged to be	691
abused, neglected, or dependent children or to make dispositions	692
of children who are adjudicated abused, neglected, or dependent	693
children or of a common pleas court to issue orders pursuant to	694
section 3113.31 of the Revised Code.	695

Sec. 5122.04.  (A) Upon the request of a minor fourteen	696
eleven years of age or older, a mental health professional may	697
provide outpatient mental health services, excluding the use of	698
medication, without the consent or knowledge of the minor's parent	699
or guardian. Except as otherwise provided in this section, the	700
minor's parent or guardian shall not be informed of the services	701
without the minor's consent unless the mental health professional	702
treating the minor determines that there is a compelling need for	703
disclosure based on a substantial probability of harm to the minor	704
or to other persons, and if the minor is notified of the mental	705
health professional's intent to inform the minor's parent, or	706
guardian.	707

(B) Services provided to a minor pursuant to this section	708
shall be limited to not more than six sessions or thirty days of	709
services whichever occurs sooner. After the sixth session or	710
thirty days of services, the mental health professional shall	711
terminate the services or, with the consent of the minor, notify	712
the parent, or guardian, to obtain consent to provide further	713
outpatient services.	714

(C) The minor's parent or guardian shall not be liable for	715
the costs of services which are received by a minor under division	716
(A).	717

(D) Nothing in this section relieves a mental health	718
professional from the obligations of section 2151.421 of the	719
Revised Code.	720

(E) A mental health professional is not liable in damages to	721
a minor's parent or guardian in a civil action for injury, death,	722
or loss allegedly resulting from services provided to a minor	723
under division (A) of this section.	724

(F) As used in this section, "mental health professional" has	725
the same meaning as in section 340.02 of the Revised Code.	726

Sec. 5122.041.  When a mental health professional notifies a	727
minor's parent or guardian, pursuant to section 5122.04 of the	728
Revised Code, that the minor is receiving mental health services,	729
the mental health professional also shall notify the parent of the	730
child who is not the residential parent, unless a court has	731
determined, pursuant to division (K) of section 3109.051 of the	732
Revised Code, that it would not be in the best interest of the	733
minor for the parent who is not the residential parent to be	734
notified.	735

Section 2.  That existing sections 3109.051, 3109.11,	736
3109.12, and 5122.04 of the Revised Code are hereby repealed.	737

Section 3. This act shall be known as "Dylan's Voice."

738