Ohio Revised Code Chapter 3109 - Children

• Section 3109.01 - Age Of Majority.
  All persons of the age of eighteen years or more, who are under no legal disability, are capable of contracting and are of full...
• Section 3109.02 - Exception For Veterans.
  Any person who is eligible for a loan under the Servicemen's Readjustment Act of 1944, any amendments thereto or re-enactment thereof, the Veterans Readjustment...
• Section 3109.03 - Equality Of Parental Rights And Responsibilities.
  When husband and wife are living separate and apart from each other, or are divorced, and the question as to the parental rights and...
• Section 3109.04 - Allocating Parental Rights And Responsibilities For Care Of Children - Shared Parenting.
  (A) In any divorce, legal separation, or annulment proceeding and in any proceeding pertaining to the allocation of parental rights and responsibilities for the...
• Section 3109.041 - Custody Decrees Issued Prior To Shared Parenting Provisions.
  (A) Parties to any custody decree issued pursuant to section 3109.04 of the Revised Code prior to April 11, 1991, may file a motion...
• Section 3109.042 - Custody Rights Of Unmarried Mother.
  (A) An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court...
• Section 3109.043 - Temporary Custody Order While Action Pending.
  In any proceeding pertaining to the allocation of parental rights and responsibilities for the care of a child, when requested in the complaint, answer,...
• Section 3109.05 - Child Support Determinations.
  (A) (1) In a divorce, dissolution of marriage, legal separation, or child support proceeding, the court may order either or both parents to support...
• Section 3109.051 - Parenting Time - Companionship Or Visitation Rights.
  (A) If a divorce, dissolution, legal separation, or annulment proceeding involves a child and if the court has not issued a shared parenting decree,...
• Section 3109.052 - Mediation Of Differences As To Allocating Parental Rights And Responsibilities.
  (A) If a proceeding for divorce, dissolution, legal separation, annulment, or the allocation of parental rights and responsibilities for the care of a child...
• Section 3109.053 - Parenting Classes Or Counseling.
  In any divorce, legal separation, or annulment proceeding and in any proceeding pertaining to the allocation of parental rights and responsibilities for the care...
• Section 3109.06 - Certification To Juvenile Court.
  Except as provided in division (K) of section 2301.03 of the Revised Code, any court, other than a juvenile court, that has jurisdiction in...
• Section 3109.07 - Appeals.
  An appeal to the court of appeals may be had pursuant to the Rules of Appellate Procedure and, to the extent not in conflict...
• Section 3109.08 - [Repealed].
  Effective Date: 01-01-1974
• Section 3109.09 - Liability Of Parents For Willful Damage Of Property Or Theft By Their Children.
  (A) As used in this section, "parent" means one of the following: (1) Both parents unless division (A)(2) or (3) of this section applies;...
• Section 3109.10 - Liability Of Parents For Willful And Malicious Assaults By Their Children.
  As used in this section, "parent" has the same meaning as in section 3109.09 of the Revised Code. Any person is entitled to maintain...
• Section 3109.11 - Companionship Or Visitation Rights For Parents Or Other Relatives Of Deceased Mother Or Father.
  If either the father or mother of an unmarried minor child is deceased, the court of common pleas of the county in which the...
• Section 3109.12 - Mother Unmarried - Parenting Time, Companionship Or Visitation Rights.
  (A) If a child is born to an unmarried woman, the parents of the woman and any relative of the woman may file a...
• Section 3109.13 - Prevention Of Child Abuse And Child Neglect Definitions.
  As used in sections 3109.13 to 3109.179 of the Revised Code: (A) "Child abuse and child neglect prevention programs" means programs that use primary...
• Section 3109.14 - Fees For Vital Statistics Records.
  (A) As used in this section, "birth record" and "certification of birth" have the meanings given in section 3705.01 of the Revised Code. (B)...
• Section 3109.15 - Children's Trust Fund Board.
  There is hereby created within the department of job and family services the children's trust fund board consisting of fifteen members. The directors of...
• Section 3109.16 - Powers Of The Board.
  (A) The children's trust fund board, upon the recommendation of the director of job and family services, shall approve the employment of an executive...
• Section 3109.17 - Biennial State Plan For Comprehensive Child Abuse And Child Neglect Prevention.
  (A) The children's trust fund board shall establish a strategic plan for child abuse and child neglect prevention. The plan shall be transmitted to...
• Section 3109.171 - [Repealed Effective 9/29/2015] Local Allocation Plan Submitted To Children's Trust Fund Board.
  (A) On receipt of a local allocation plan or a comprehensive local allocation plan from a child abuse and child neglect prevention advisory board...
• Section 3109.171 - Child Abuse And Child Neglect Prevention Regions.
  For the purpose of administering child abuse and child neglect prevention programming and services approved by the children's trust fund board, there are hereby...
• Section 3109.172 - [Repealed Effective 9/29/2015] Request For Start-up Costs For Children's Advocacy Center.
  (A) (1) Each child abuse and child neglect prevention advisory board may request from the children's trust fund board funds in addition to the...
• Section 3109.172 - Child Abuse And Child Neglect Regional Prevention Councils.
  (A) As used in this section, "county prevention specialist" includes the following: (1) Representatives of agencies responsible for the administration of children's services in...
• Section 3109.173 - Regional Prevention Coordinator.
  (A) Each child abuse and child neglect regional prevention council shall be under the direction of a regional prevention coordinator. The children's trust fund...
• Section 3109.174 - Submission Of Regional Prevention Plan.
  Each child abuse and child neglect regional prevention council shall submit to the children's trust fund board a regional prevention plan for funding child...
• Section 3109.175 - Evaluation Of Plans.
  On receipt of a regional prevention plan submitted pursuant to section 3109.174 of the Revised Code, the children's trust fund board may do either...
• Section 3109.176 - Denial Or Reduction Of Funding.
  (A) The children's trust fund board may deny funding or allocate a reduced amount of funds on a pro-rated daily basis to a child...
• Section 3109.177 - Primary Prevention Strategies.
  (A) As used in this section and section 3107.178 of the Revised Code, "primary prevention strategies" has the same meaning as in section 3109.13...
• Section 3109.178 - Requests For Start-up Costs.
  (A) Each child abuse and child neglect regional prevention council may request from the children's trust fund board up to five thousand dollars for...
• Section 3109.179 - Rules.
  (A) The department of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code regarding all of the...
• Section 3109.18 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, HB 64, §105.01, eff. 9/29/2015. Amended by 130th General Assembly File No. 46, HB 142, §1,...
• Section 3109.19 - Parentage Or Support Action Brought By Grandparent Who Is Providing Support To Child Born To Unmarried And Unemancipated Minors.
  (A) As used in this section, "minor" has the same meaning as in section 3107.01 of the Revised Code. (B) (1) If a child...
• Section 3109.21 - [Repealed].
  Effective Date: 03-22-2001; 04-11-2005
• Section 3109.22 To 3109.26 - [Repealed].
  Effective Date: 04-11-1991; 04-11-2005
• Section 3109.27 - Amended And Renumbered Rc 3127.23.
  Effective Date: 04-11-2005
• Section 3109.28 - [Repealed].
  Effective Date: 04-11-2005
• Section 3109.29 - Amended And Renumbered Rc 3127.24.
  Effective Date: 04-11-1991; 04-11-2005
• Section 3109.30 To 3109.36 - [Repealed].
  Effective Date: 04-11-2005; 04-11-2005
• Section 3109.37 - Amended And Renumbered Rc 3127.06.
  Effective Date: 04-11-2005
• Section 3109.401 - State Policy On Parent And Child Relationship.
  (A) The general assembly finds the following: (1) That the parent and child relationship is of fundamental importance to the welfare of a child,...
• Section 3109.41 - Parent Killing Other Parent Definitions.
  As used in sections 3109.41 to 3109.48 of the Revised Code: (A) A person is "convicted of killing" if the person has been convicted...
• Section 3109.42 - Ineligibility For Custody Of Parent Killing Other Parent.
  Except as provided in section 3109.47 of the Revised Code, if a parent is convicted of killing the other parent of a child, no...
• Section 3109.43 - Ineligibility For Visitation Rights Of Parent Killing Other Parent.
  Except as provided in section 3109.47 of the Revised Code, if a parent is convicted of killing the other parent of a child, no...
• Section 3109.44 - Notice By Court Where Parent Convicted Of Killing Other Parent.
  Upon receipt of notice that a visitation order is pending or has been issued granting a parent visitation rights with a child or a...
• Section 3109.45 - Termination Of Visitation Order Upon Receipt Of Notice.
  On receipt of notice under section 3109.44 of the Revised Code, a court that issued a visitation order described in that section shall terminate...
• Section 3109.46 - Termination Of Custody Order Upon Receipt Of Notice.
  If the court to which notice is sent under section 3109.44 of the Revised Code is a juvenile court that issued a custody order...
• Section 3109.47 - Custody Or Visitation Granted To Surviving Parent.
  (A) A court may do one of the following with respect to a parent convicted of killing the other parent of a child if...
• Section 3109.48 - Visit To Surviving Parent With Child Present.
  No person, with the child of the parent present, shall visit the parent who has been convicted of killing the child's other parent unless...
• Section 3109.50 - Definitions.
  As used in sections 3109.501 to 3109.507 of the Revised Code: (A) "Parental rights" means parental rights and responsibilities, parenting time, or any other...
• Section 3109.501 - Children Conceived As Result Of Rape Or Sexual Battery; Declaration Of Paternity.
  (A) Except as provided in division (C) and subject to division (D) of this section, a person who is the victim of rape or...
• Section 3109.502 - Continuation Of Declaration Of Paternity Proceedings During Criminal Proceedings.
  An action under section 3109.501 of the Revised Code shall be continued until the court renders a judgment and all appeals have been exhausted...
• Section 3109.503 - Notice Of Parental Rights.
  (A) A person who brings an action under division (A) of section 3109.501 of the Revised Code seeking a declaration that another person is...
• Section 3109.504 - Granting Of Parental Rights Prohibited.
  (A) No court shall issue an order granting parental rights with respect to a child to a person who has been convicted of or...
• Section 3109.505 - Consolidation Of Actions.
  Any action described in section 3109.501 of the Revised Code may be consolidated with any action or proceeding for parental rights regarding a child...
• Section 3109.506 - Rights Of Relatives.
  A relative of a person whose parental rights with that person's child have been terminated, denied, or limited pursuant to sections 3109.50 to 3109.505...
• Section 3109.507 - Revocation Or Modification Of Order.
  (A) If a court issues an order under section 3109.501 of the Revised Code declaring a person to be the parent of a child...
• Section 3109.51 - Definitions.
  As used in sections 3109.52 to 3109.80 of the Revised Code: (A) "Child" means a person under eighteen years of age. (B) "Custodian" means...
• Section 3109.52 - Power Of Attorney For Residential Grandparent.
  The parent, guardian, or custodian of a child may create a power of attorney that grants to a grandparent of the child with whom...
• Section 3109.53 - Form Of Power Of Attorney For Residential Grandparent.
  To create a power of attorney under section 3109.52 of the Revised Code, a parent, guardian, or custodian shall use a form that is...
• Section 3109.54 - Signatures - Notarization.
  A power of attorney created pursuant to section 3109.52 of the Revised Code must be signed by the parent, guardian, or custodian granting it...
• Section 3109.55 - Notice Of Creation Of Power Of Attorney.
  (A) A person who creates a power of attorney under section 3109.52 of the Revised Code shall send notice of the creation to the...
• Section 3109.56 - Requirements For Creating Power Of Attorney.
  When a parent seeks to create a power of attorney pursuant to section 3109.52 of the Revised Code, all of the following apply: (A)...
• Section 3109.57 - Further Requirements For Creating Power Of Attorney.
  (A) Except as provided in division (B) of this section and subject to sections 3109.56 and 3109.58 of the Revised Code, a parent, guardian,...
• Section 3109.58 - Pending Proceedings May Preclude Creation Of Power Of Attorney.
  (A) As used in this section, "temporary custody," "permanent custody," and "planned permanent living arrangement" have the same meanings as in section 2151.011 of...
• Section 3109.59 - Termination Of Power Of Attorney.
  (A) A power of attorney created under section 3109.52 of the Revised Code terminates on the occurrence of whichever of the following events occurs...
• Section 3109.60 - Notice Of Termination.
  When a power of attorney created pursuant to section 3109.52 of the Revised Code terminates pursuant to division (A)(1), (2), (3), or (4) of...
• Section 3109.61 - Immunity.
  A person who, in good faith, relies on or takes action in reliance on a power of attorney created under section 3109.52 of the...
• Section 3109.62 - Military Power Of Attorney.
  A military power of attorney executed pursuant to section 574(a) of the "National Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993),...
• Section 3109.65 - Caretaker Authorization Affidavit.
  (A) Except as provided in division (B) of this section, if a child is living with a grandparent who has made reasonable attempts to...
• Section 3109.66 - Form Of Caretaker Authorization Affidavit.
  The caretaker authorization affidavit that a grandparent described in section 3109.65 of the Revised Code may execute shall be identical in form and content...
• Section 3109.67 - Execution Of Affidavit.
  A caretaker authorization affidavit described in section 3109.66 of the Revised Code is executed when the affidavit is completed, signed by a grandparent described...
• Section 3109.68 - Pending Proceedings May Preclude Creation Of Affidavit.
  (A) As used in this section, "temporary custody," "permanent custody," and "planned permanent living arrangement" have the same meanings as in section 2151.011 of...
• Section 3109.69 - Limitations On Authority Granted By Affidavit.
  Once a caretaker authorization affidavit has been executed under section 3109.67 of the Revised Code, the grandparent may exercise care, physical custody, and control...
• Section 3109.70 - Termination Of Affidavit.
  An executed caretaker authorization affidavit shall terminate on the occurrence of whichever of the following comes first: (A) The child ceases to reside with...
• Section 3109.71 - Notice Of Termination.
  When a caretaker authorization affidavit terminates pursuant to division (A), (B), (C), or (D) of section 3109.70 of the Revised Code, the grandparent shall...
• Section 3109.72 - Negation Of Actions Taken Under Caretaker Authorization Affidavit.
  The parent, guardian, or custodian of a child may negate, reverse, or otherwise disapprove any action taken or decision made pursuant to a caretaker...
• Section 3109.73 - Immunity.
  A person who, in good faith, relies on or takes action in reliance on a caretaker authorization affidavit is immune from any criminal or...
• Section 3109.74 - Filing With Court.
  (A) A person who creates a power of attorney under section 3109.52 of the Revised Code or executes a caretaker authorization affidavit under section...
• Section 3109.75 - Verification Of Filing.
  On the request of the person in charge of admissions of a school or a person described under division (A)(1)(b) of section 2151.421 of...
• Section 3109.76 - Determination Of Custody After Notice Of Revocation Of Grandparent's Power Of Attorney, Termination Or Removal.
  (A) A grandparent who has physical custody of a child under a power of attorney, within fourteen days after the child's parent, guardian, or...
• Section 3109.77 - [Repealed].
  Repealed by 129th General AssemblyFile No.180, HB 279, §2, eff. 3/20/2013. Effective Date: 07-20-2004
• Section 3109.78 - Purpose May Void Power Or Affidavit.
  (A) No person shall create a power of attorney under section 3109.52 of the Revised Code or execute a caretaker authorization affidavit under section...
• Section 3109.79 - Child Support Order Unaffected By Power Or Affidavit.
  As used in this section, "administrative child support order" and "court child support order" have the same meanings as in section 3119.01 of the...
• Section 3109.80 - Only One Power Or Affidavit May Be In Effect At A Time.
  Only one power of attorney created under section 3109.52 of the Revised Code or one caretaker authorization executed under section 3109.67 of the Revised...

Last modified: October 10, 2016