Text of OH HB 693 (2026)
Enact the Affirming Families First Act
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As introduced
104,023 characters
As Introduced
136th General Assembly
Regular Session
H. B. No. 693
2025-2026
Representatives Click, Williams
Cosponsors: Representatives Mullins, Hall, T., Claggett, Lear, Swearingen, Gross,
Salvo, King, John, Workman, Klopfenstein, Dean, Stephens
To amend sections 2151.412, 2151.426, 3109.04,
3109.054, and 3129.01 and to enact sections
2151.032, 3129.10, 3129.11, 3129.12, 3129.13,
3129.14, 3129.15, 3129.21, 3129.211, 3129.22,
3129.23, 3129.24, 3129.25, 3129.26, 3129.30,
3129.301, 3129.35, 3129.351, and 4743.15 of the
Revised Code to enact the Affirming Families
First Act and protect the right to affirm a
minor child's sex.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.412, 2151.426, 3109.04,
3109.054, and 3129.01 be amended and sections 2151.032, 3129.10,
3129.11, 3129.12, 3129.13, 3129.14, 3129.15, 3129.21, 3129.211,
3129.22, 3129.23, 3129.24, 3129.25, 3129.26, 3129.30, 3129.301,
3129.35, 3129.351, and 4743.15 of the Revised Code be enacted to
read as follows:
Sec. 2151.032.
(A) In no event shall recognizing or
affirming a child's sex be considered any of the following:
(1) Abuse, neglect, or risk thereof;
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(2) As contrary to the best interest of the child;
(3) As creating an unsafe environment for the child.
(B) Division (A) of this section applies in any
circumstance regarding the abuse or neglect, the best interest,
or the well-being of a child, including relevant provisions of
Chapter 2151., 2919., or 3109. of the Revised Code.
(C) "Affirming a child's sex" has the same meaning as in
section 3129.10 of the Revised Code.
Sec. 2151.412. (A) Each public children services agency
and private child placing agency shall prepare and maintain a
case plan for any child to whom the agency is providing services
and to whom any of the following applies:
(1) The agency filed a complaint pursuant to section
2151.27 of the Revised Code alleging that the child is an
abused, neglected, or dependent child;
(2) The agency has temporary or permanent custody of the
child;
(3) The child is living at home subject to an order for
protective supervision;
(4) The child is in a planned permanent living
arrangement.
Except as provided by division (A)(2) of section 5103.153
of the Revised Code, a private child placing agency providing
services to a child who is the subject of a voluntary permanent
custody surrender agreement entered into under division (B)(4)
of section 5103.15 of the Revised Code is not required to
prepare and maintain a case plan for that child.
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(B) Each public children services agency shall prepare and
maintain a case plan for any child for whom the agency is
providing in-home services pursuant to an alternative response.
(C)(1) The director of children and youth shall adopt
rules pursuant to Chapter 119. of the Revised Code setting forth
the content and format of case plans required by division (A) of
this section and establishing procedures for developing,
implementing, and changing the case plans. The rules shall at a
minimum comply with the requirements of Title IV-E of the
"Social Security Act," 42 U.S.C. 670, et seq. (1980).
(2) The director of children and youth shall adopt rules
pursuant to Chapter 119. of the Revised Code requiring public
children services agencies and private child placing agencies to
maintain case plans for children and their families who are
receiving services in their homes from the agencies and for whom
case plans are not required by division (A) of this section. The
rules for public children services agencies shall include the
requirements for case plans maintained for children and their
families who are receiving services in their homes from public
children services agencies pursuant to an alternative response.
The agencies shall maintain case plans as required by those
rules; however, the case plans shall not be subject to any other
provision of this section except as specifically required by the
rules.
(D) Each public children services agency and private child
placing agency that is required by division (A) of this section
to maintain a case plan shall file the case plan with the court
prior to the child's adjudicatory hearing but no later than
thirty days after the earlier of the date on which the complaint
in the case was filed or the child was first placed into shelter
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care. If the agency does not have sufficient information prior
to the adjudicatory hearing to complete any part of the case
plan, the agency shall specify in the case plan the additional
information necessary to complete each part of the case plan and
the steps that will be taken to obtain that information. All
parts of the case plan shall be completed by the earlier of
thirty days after the adjudicatory hearing or the date of the
dispositional hearing for the child.
(E) Any agency that is required by division (A) of this
section to prepare a case plan shall attempt to obtain an
agreement among all parties, including, but not limited to, the
parents, guardian, or custodian of the child and the guardian ad
litem of the child regarding the content of the case plan. If
all parties agree to the content of the case plan and the court
approves it, the court shall journalize it as part of its
dispositional order. If the agency cannot obtain an agreement
upon the contents of the case plan or the court does not approve
it, the parties shall present evidence on the contents of the
case plan at the dispositional hearing. The court, based upon
the evidence presented at the dispositional hearing and the best
interest of the child, shall determine the contents of the case
plan and journalize it as part of the dispositional order for
the child.
(F)(1) All parties, including the parents, guardian, or
custodian of the child, are bound by the terms of the
journalized case plan. A party that fails to comply with the
terms of the journalized case plan may be held in contempt of
court.
(2) Any party may propose a change to a substantive part
of the case plan, including, but not limited to, the child's
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placement and the visitation rights of any party. A party
proposing a change to the case plan shall file the proposed
change with the court and give notice of the proposed change in
writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. All parties and
the guardian ad litem shall have seven days from the date the
notice is sent to object to and request a hearing on the
proposed change.
(a) If it receives a timely request for a hearing, the
court shall schedule a hearing pursuant to section 2151.417 of
the Revised Code to be held no later than thirty days after the
request is received by the court. The court shall give notice of
the date, time, and location of the hearing to all parties and
the guardian ad litem. The agency may implement the proposed
change after the hearing, if the court approves it. The agency
shall not implement the proposed change unless it is approved by
the court.
(b) If it does not receive a timely request for a hearing,
the court may approve the proposed change without a hearing. If
the court approves the proposed change without a hearing, it
shall journalize the case plan with the change not later than
fourteen days after the change is filed with the court. If the
court does not approve the proposed change to the case plan, it
shall schedule a hearing to be held pursuant to section 2151.417
of the Revised Code no later than thirty days after the
expiration of the fourteen-day time period and give notice of
the date, time, and location of the hearing to all parties and
the guardian ad litem of the child. If, despite the requirements
of division (F)(2) of this section, the court neither approves
and journalizes the proposed change nor conducts a hearing, the
agency may implement the proposed change not earlier than
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fifteen days after it is submitted to the court.
(3) If an agency has reasonable cause to believe that a
child is suffering from illness or injury and is not receiving
proper care and that an appropriate change in the child's case
plan is necessary to prevent immediate or threatened physical or
emotional harm, to believe that a child is in immediate danger
from the child's surroundings and that an immediate change in
the child's case plan is necessary to prevent immediate or
threatened physical or emotional harm to the child, or to
believe that a parent, guardian, custodian, or other member of
the child's household has abused or neglected the child and that
the child is in danger of immediate or threatened physical or
emotional harm from that person unless the agency makes an
appropriate change in the child's case plan, it may implement
the change without prior agreement or a court hearing and,
before the end of the next day after the change is made, give
all parties, the guardian ad litem of the child, and the court
notice of the change. Before the end of the third day after
implementing the change in the case plan, the agency shall file
a statement of the change with the court and give notice of the
filing accompanied by a copy of the statement to all parties and
the guardian ad litem. All parties and the guardian ad litem
shall have ten days from the date the notice is sent to object
to and request a hearing on the change.
(a) If it receives a timely request for a hearing, the
court shall schedule a hearing pursuant to section 2151.417 of
the Revised Code to be held no later than thirty days after the
request is received by the court. The court shall give notice of
the date, time, and location of the hearing to all parties and
the guardian ad litem. The agency shall continue to administer
the case plan with the change after the hearing, if the court
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approves the change. If the court does not approve the change,
the court shall make appropriate changes to the case plan and
shall journalize the case plan.
(b) If it does not receive a timely request for a hearing,
the court may approve the change without a hearing. If the court
approves the change without a hearing, it shall journalize the
case plan with the change within fourteen days after receipt of
the change. If the court does not approve the change to the case
plan, it shall schedule a hearing under section 2151.417 of the
Revised Code to be held no later than thirty days after the
expiration of the fourteen-day time period and give notice of
the date, time, and location of the hearing to all parties and
the guardian ad litem of the child.
(G)(1) All case plans for children in temporary custody
shall have the following general goals:
(a) Consistent with the best interest and special needs of
the child, to achieve a safe out-of-home placement in the least
restrictive, most family-like setting available and in close
proximity to the home from which the child was removed or the
home in which the child will be permanently placed;
(b) To eliminate with all due speed the need for the out-
of-home placement so that the child can safely return home.
(2) The director of children and youth shall adopt rules
pursuant to Chapter 119. of the Revised Code setting forth the
general goals of case plans for children subject to
dispositional orders for protective supervision, a planned
permanent living arrangement, or permanent custody.
(H) In the agency's development of a case plan and the
court's review of the case plan, the child's health and safety
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shall be the paramount concern. The agency and the court shall
be guided by the following general priorities:
(1) A child who is residing with or can be placed with the
child's parents within a reasonable time should remain in their
legal custody even if an order of protective supervision is
required for a reasonable period of time;
(2) If both parents of the child have abandoned the child,
have relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable
assistance, or have a detrimental effect on the health, safety,
and best interest of the child, the child should be placed in
the legal custody of a suitable member of the child's extended
family;
(3) If a child described in division (H)(2) of this
section has no suitable member of the child's extended family to
accept legal custody, the child should be placed in the legal
custody of a suitable nonrelative who shall be made a party to
the proceedings after being given legal custody of the child;
(4) If the child has no suitable member of the child's
extended family to accept legal custody of the child and no
suitable nonrelative is available to accept legal custody of the
child and, if the child temporarily cannot or should not be
placed with the child's parents, guardian, or custodian, the
child should be placed in the temporary custody of a public
children services agency or a private child placing agency;
(5) If the child cannot be placed with either of the
child's parents within a reasonable period of time or should not
be placed with either, if no suitable member of the child's
extended family or suitable nonrelative is available to accept
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legal custody of the child, and if the agency has a reasonable
expectation of placing the child for adoption, the child should
be committed to the permanent custody of the public children
services agency or private child placing agency;
(6) If the child is to be placed for adoption or foster
care, the placement shall not be delayed or denied on the basis
of the child's or adoptive or foster family's race, color, or
national origin.
(I) The case plan for a child in temporary custody shall
include at a minimum the following requirements if the child is
or has been the victim of abuse or neglect or if the child
witnessed the commission in the child's household of abuse or
neglect against a sibling of the child, a parent of the child,
or any other person in the child's household:
(1) A requirement that the child's parents, guardian, or
custodian participate in mandatory counseling;
(2) A requirement that the child's parents, guardian, or
custodian participate in any supportive services that are
required by or provided pursuant to the child's case plan.
(J)(1) Prior to January 1, 2023, a case plan for a child
in temporary custody may include, as a supplement, a plan for
locating a permanent family placement. The supplement shall not
be considered part of the case plan for purposes of division (E)
of this section.
(2) On and after January 1, 2023, a case plan for a child
in temporary custody shall include a permanency plan for the
child unless it is documented that such a plan would not be in
the best interest of the child. The permanency plan shall
describe the services the agency shall provide to achieve
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permanency for the child if reasonable efforts to return the
child to the child's home, or eliminate the continued removal
from that home, are unsuccessful. Those services shall be
provided concurrently with reasonable efforts to return the
child home or eliminate the child's continued removal from home.
(3) The director of children and youth, pursuant to
Chapter 119. of the Revised Code, shall adopt rules necessary to
carry out the purposes of division (J) of this section.
(K)(1) A public children services agency may request that
the superintendent of the bureau of criminal identification and
investigation conduct a criminal records check with respect to a
parent, guardian, custodian, prospective custodian, or
prospective placement whose actions result in a finding after
the filing of a complaint as described in division (A)(1) of
this section that a child is an abused, neglected, or dependent
child. The public children services agency shall request that
the superintendent obtain information from the federal bureau of
investigation as part of the criminal records check.
(2) At any time on or after the date that is ninety days
after September 10, 2012, a prosecuting attorney, or an
assistant prosecuting attorney appointed under section 309.06 of
the Revised Code, may request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to each parent, guardian,
custodian, prospective custodian, or prospective placement whose
actions resulted in a finding after the filing of a complaint
described in division (A)(1) of this section that a child is an
abused, neglected, or dependent child. Each prosecuting attorney
or assistant prosecuting attorney who makes such a request shall
request that the superintendent obtain information from the
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federal bureau of investigation as part of the criminal records
check for each parent, guardian, custodian, prospective
custodian, or prospective placement who is a subject of the
request.
(3) A public children services agency, prosecuting
attorney, or assistant prosecuting attorney that requests a
criminal records check under division (K)(1) or (2) of this
section shall do both of the following:
(a) Provide to each parent, guardian, custodian,
prospective custodian, or prospective placement for whom a
criminal records check is requested a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code and a standard fingerprint impression sheet
prescribed pursuant to division (C)(2) of that section and
obtain the completed form and impression sheet from the parent,
guardian, custodian, prospective custodian, or prospective
placement;
(b) Forward the completed form and impression sheet to the
superintendent of the bureau of criminal identification and
investigation.
(4) A parent, guardian, custodian, prospective custodian,
or prospective placement who is given a form and fingerprint
impression sheet under division (K)(3)(a) of this section and
who fails to complete the form or provide fingerprint
impressions may be held in contempt of court.
(L)(1) No case plan shall require a party to a case plan,
including the parent, guardian, or legal custodian of the child,
to consent to or facilitate social or medical, including
surgical, interventions counter to affirming a child's sex or to
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restrict or prohibit a parent, guardian, or legal custodian from
affirming a child's sex.
(2) As used in division (L) of this section, "affirming a
child's sex" and "affirm a child's sex" have the same meanings
as in section 3129.10 of the Revised Code.
Sec. 2151.426. (A)(1) A children's advocacy center may be
established to serve a single county by execution of a
memorandum of understanding regarding the participation in the
operation of the center by any of the following entities in the
county to be served by the center:
(a) The public children services agency;
(b) Representatives of any county or municipal law
enforcement agencies serving the county that investigate any of
the types of abuse specified in the memorandum of understanding
creating the center as being within the center's jurisdiction;
(c) The prosecuting attorney of the county or a village
solicitor, city director of law, or similar chief legal officer
of a municipal corporation in the county who prosecutes any of
the types of abuse specified in the memorandum of understanding
creating the center as being within the center's jurisdiction in
the area to be served by the center;
(d) Any other entity considered appropriate by all of the
other entities executing the memorandum.
(2) A children's advocacy center may be established to
serve two or more contiguous counties if a memorandum of
understanding regarding the participation in the operation of
the center is executed by any of the entities described in
division (A)(1) of this section in each county to be served by
the center.
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(3) Any memorandum of understanding executed under this
section may include a provision that specifies types of abuse of
a child, in addition to sexual abuse of a child, that are to be
within the jurisdiction of the children's advocacy center
created as a result of the execution of the memorandum. If a
memorandum of understanding executed under this section does not
include any provision of that nature, the children's advocacy
center created as a result of the execution of the memorandum
has jurisdiction only in relation to reports of alleged sexual
abuse of a child.
(B) Each entity that participates in the execution of a
memorandum of understanding under this section shall cooperate
in all of the following:
(1) Developing a multidisciplinary team pursuant to
section 2151.427 of the Revised Code to perform the functions
and activities and provide the services specified in the
interagency agreement entered into under section 2151.428 of the
Revised Code, regarding reports received under section 2151.421
of the Revised Code of alleged sexual abuse of a child and
reports of allegations of another type of abuse of a child that
is specified in the memorandum of understanding that creates the
center as being within the center's jurisdiction, and regarding
the children who are the subjects of the reports;
(2) Participating in the operation of the center in
compliance a manner consistent with standards for full
membership established by the national children's alliance,
except for any qualifications or training that violates section
3129.26 of the Revised Code;
(3) Employing the center's staff.
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(C) A center shall do both of the following:
(1) Operate in accordance with sections 2151.427 and
2151.428 of the Revised Code, the interagency agreement entered
into under section 2151.428 of the Revised Code relative to the
center, and consistent with the standards for full membership
established by the national children's alliance, provided that
compliance under this division does not violate sections 3129.10
to 3129.351 of the Revised Code;
(2) Register annually with the attorney general.
Sec. 3109.04. (A) In any divorce, legal separation, or
annulment proceeding and in any proceeding pertaining to the
allocation of parental rights and responsibilities for the care
of a child, upon hearing the testimony of either or both parents
and considering any mediation report filed pursuant to section
3109.052 of the Revised Code and in accordance with sections
3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the
minor children of the marriage. Subject to division (D)(2) of
this section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways:
(1) If neither parent files a pleading or motion in
accordance with division (G) of this section, if at least one
parent files a pleading or motion under that division but no
parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent
files both a pleading or motion and a shared parenting plan
under that division but no plan for shared parenting is in the
best interest of the children, the court, in a manner consistent
with the best interest of the children, shall allocate the
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parental rights and responsibilities for the care of the
children primarily to one of the parents, designate that parent
as the residential parent and the legal custodian of the child,
and divide between the parents the other rights and
responsibilities for the care of the children, including, but
not limited to, the responsibility to provide support for the
children and the right of the parent who is not the residential
parent to have continuing contact with the children.
(2) If at least one parent files a pleading or motion in
accordance with division (G) of this section and a plan for
shared parenting pursuant to that division and if a plan for
shared parenting is in the best interest of the children and is
approved by the court in accordance with division (D)(1) of this
section, the court may allocate the parental rights and
responsibilities for the care of the children to both parents
and issue a shared parenting order requiring the parents to
share all or some of the aspects of the physical and legal care
of the children in accordance with the approved plan for shared
parenting. If the court issues a shared parenting order under
this division and it is necessary for the purpose of receiving
public assistance, the court shall designate which one of the
parents' residences is to serve as the child's home. The child
support obligations of the parents under a shared parenting
order issued under this division shall be determined in
accordance with Chapters 3119., 3121., 3123., and 3125. of the
Revised Code.
(B)(1) When making the allocation of the parental rights
and responsibilities for the care of the children under this
section in an original proceeding or in any proceeding for
modification of a prior order of the court making the
allocation, the court shall take into account that which would
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be in the best interest of the children. In determining the
child's best interest for purposes of making its allocation of
the parental rights and responsibilities for the care of the
child and for purposes of resolving any issues related to the
making of that allocation, the court, in its discretion, may
and, upon the request of either party, shall interview in
chambers any or all of the involved children regarding their
wishes and concerns with respect to the allocation.
(2) If the court interviews any child pursuant to division
(B)(1) of this section, all of the following apply:
(a) The court, in its discretion, may and, upon the motion
of either parent, shall appoint a guardian ad litem for the
child.
(b) The court first shall determine the reasoning ability
of the child. If the court determines that the child does not
have sufficient reasoning ability to express the child's wishes
and concern with respect to the allocation of parental rights
and responsibilities for the care of the child, it shall not
determine the child's wishes and concerns with respect to the
allocation. If the court determines that the child has
sufficient reasoning ability to express the child's wishes or
concerns with respect to the allocation, it then shall determine
whether, because of special circumstances, it would not be in
the best interest of the child to determine the child's wishes
and concerns with respect to the allocation. If the court
determines that, because of special circumstances, it would not
be in the best interest of the child to determine the child's
wishes and concerns with respect to the allocation, it shall not
determine the child's wishes and concerns with respect to the
allocation and shall enter its written findings of fact and
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opinion in the journal. If the court determines that it would be
in the best interests of the child to determine the child's
wishes and concerns with respect to the allocation, it shall
proceed to make that determination.
(c) The interview shall be conducted in chambers, and no
person other than the child, the child's attorney, the judge,
any necessary court personnel, and, in the judge's discretion,
the attorney of each parent shall be permitted to be present in
the chambers during the interview.
(3) No person shall obtain or attempt to obtain from a
child a written or recorded statement or affidavit setting forth
the child's wishes and concerns regarding the allocation of
parental rights and responsibilities concerning the child. No
court, in determining the child's best interest for purposes of
making its allocation of the parental rights and
responsibilities for the care of the child or for purposes of
resolving any issues related to the making of that allocation,
shall accept or consider a written or recorded statement or
affidavit that purports to set forth the child's wishes and
concerns regarding those matters.
(C) Prior to trial, the court may cause an investigation
to be made as to the character, family relations, past conduct,
earning ability, and financial worth of each parent and may
order the parents and their minor children to submit to medical,
psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either
parent or the parent's counsel of record not less than five days
before trial, upon written request. The report shall be signed
by the investigator, and the investigator shall be subject to
cross-examination by either parent concerning the contents of
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the report. The court may tax as costs all or any part of the
expenses for each investigation.
If the court determines that either parent previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be
the perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is
reason to believe that either parent has acted in a manner
resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential
parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the
care of children or determines whether to grant shared parenting
in any proceeding, it shall consider whether either parent or
any member of the household of either parent has been convicted
of or pleaded guilty to a violation of section 2919.25 of the
Revised Code or a sexually oriented offense involving a victim
who at the time of the commission of the offense was a member of
the family or household that is the subject of the proceeding,
has been convicted of or pleaded guilty to any sexually oriented
offense or other offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act
that is the basis of an adjudication that a child is an abused
child. If the court determines that either parent has been
convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code or a sexually oriented offense involving a
victim who at the time of the commission of the offense was a
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member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any
sexually oriented offense or other offense involving a victim
who at the time of the commission of the offense was a member of
the family or household that is the subject of the proceeding
and caused physical harm to the victim in the commission of the
offense, or has been determined to be the perpetrator of the
abusive act that is the basis of an adjudication that a child is
an abused child, it may designate that parent as the residential
parent and may issue a shared parenting decree or order only if
it determines that it is in the best interest of the child to
name that parent the residential parent or to issue a shared
parenting decree or order and it makes specific written findings
of fact to support its determination.
(D)(1)(a) Upon the filing of a pleading or motion by
either parent or both parents, in accordance with division (G)
of this section, requesting shared parenting and the filing of a
shared parenting plan in accordance with that division, the
court shall comply with division (D)(1)(a)(i), (ii), or (iii) of
this section, whichever is applicable:
(i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the
plan, the court shall review the parents' plan to determine if
it is in the best interest of the children. If the court
determines that the plan is in the best interest of the
children, the court shall approve it. If the court determines
that the plan or any part of the plan is not in the best
interest of the children, the court shall require the parents to
make appropriate changes to the plan to meet the court's
objections to it. If changes to the plan are made to meet the
court's objections, and if the new plan is in the best interest
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of the children, the court shall approve the plan. If changes to
the plan are not made to meet the court's objections, or if the
parents attempt to make changes to the plan to meet the court's
objections, but the court determines that the new plan or any
part of the new plan still is not in the best interest of the
children, the court may reject the portion of the parents'
pleadings or deny their motion requesting shared parenting of
the children and proceed as if the request in the pleadings or
the motion had not been made. The court shall not approve a plan
under this division unless it determines that the plan is in the
best interest of the children.
(ii) If each parent makes a request in the parent's
pleadings or files a motion and each also files a separate plan,
the court shall review each plan filed to determine if either is
in the best interest of the children. If the court determines
that one of the filed plans is in the best interest of the
children, the court may approve the plan. If the court
determines that neither filed plan is in the best interest of
the children, the court may order each parent to submit
appropriate changes to the parent's plan or both of the filed
plans to meet the court's objections, or may select one of the
filed plans and order each parent to submit appropriate changes
to the selected plan to meet the court's objections. If changes
to the plan or plans are submitted to meet the court's
objections, and if any of the filed plans with the changes is in
the best interest of the children, the court may approve the
plan with the changes. If changes to the plan or plans are not
submitted to meet the court's objections, or if the parents
submit changes to the plan or plans to meet the court's
objections but the court determines that none of the filed plans
with the submitted changes is in the best interest of the
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children, the court may reject the portion of the parents'
pleadings or deny their motions requesting shared parenting of
the children and proceed as if the requests in the pleadings or
the motions had not been made. If the court approves a plan
under this division, either as originally filed or with
submitted changes, or if the court rejects the portion of the
parents' pleadings or denies their motions requesting shared
parenting under this division and proceeds as if the requests in
the pleadings or the motions had not been made, the court shall
enter in the record of the case findings of fact and conclusions
of law as to the reasons for the approval or the rejection or
denial. Division (D)(1)(b) of this section applies in relation
to the approval or disapproval of a plan under this division.
(iii) If each parent makes a request in the parent's
pleadings or files a motion but only one parent files a plan, or
if only one parent makes a request in the parent's pleadings or
files a motion and also files a plan, the court in the best
interest of the children may order the other parent to file a
plan for shared parenting in accordance with division (G) of
this section. The court shall review each plan filed to
determine if any plan is in the best interest of the children.
If the court determines that one of the filed plans is in the
best interest of the children, the court may approve the plan.
If the court determines that no filed plan is in the best
interest of the children, the court may order each parent to
submit appropriate changes to the parent's plan or both of the
filed plans to meet the court's objections or may select one
filed plan and order each parent to submit appropriate changes
to the selected plan to meet the court's objections. If changes
to the plan or plans are submitted to meet the court's
objections, and if any of the filed plans with the changes is in
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the best interest of the children, the court may approve the
plan with the changes. If changes to the plan or plans are not
submitted to meet the court's objections, or if the parents
submit changes to the plan or plans to meet the court's
objections but the court determines that none of the filed plans
with the submitted changes is in the best interest of the
children, the court may reject the portion of the parents'
pleadings or deny the parents' motion or reject the portion of
the parents' pleadings or deny their motions requesting shared
parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the
court approves a plan under this division, either as originally
filed or with submitted changes, or if the court rejects the
portion of the pleadings or denies the motion or motions
requesting shared parenting under this division and proceeds as
if the request or requests or the motion or motions had not been
made, the court shall enter in the record of the case findings
of fact and conclusions of law as to the reasons for the
approval or the rejection or denial. Division (D)(1)(b) of this
section applies in relation to the approval or disapproval of a
plan under this division.
(b) The approval of a plan under division (D)(1)(a)(ii) or
(iii) of this section is discretionary with the court. The court
shall not approve more than one plan under either division and
shall not approve a plan under either division unless it
determines that the plan is in the best interest of the
children. If the court, under either division, does not
determine that any filed plan or any filed plan with submitted
changes is in the best interest of the children, the court shall
not approve any plan.
(c) Whenever possible, the court shall require that a
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shared parenting plan approved under division (D)(1)(a)(i),
(ii), or (iii) of this section ensure the opportunity for both
parents to have frequent and continuing contact with the child,
unless frequent and continuing contact with any parent would not
be in the best interest of the child.
(d) If a court approves a shared parenting plan under
division (D)(1)(a)(i), (ii), or (iii) of this section, the
approved plan shall be incorporated into a final shared
parenting decree granting the parents the shared parenting of
the children. Any final shared parenting decree shall be issued
at the same time as and shall be appended to the final decree of
dissolution, divorce, annulment, or legal separation arising out
of the action out of which the question of the allocation of
parental rights and responsibilities for the care of the
children arose.
No provisional shared parenting decree shall be issued in
relation to any shared parenting plan approved under division
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared
parenting decree issued under this division has immediate effect
as a final decree on the date of its issuance, subject to
modification or termination as authorized by this section.
(2) If the court finds, with respect to any child under
eighteen years of age, that it is in the best interest of the
child for neither parent to be designated the residential parent
and legal custodian of the child, it may commit the child to a
relative of the child or certify a copy of its findings,
together with as much of the record and the further information,
in narrative form or otherwise, that it considers necessary or
as the juvenile court requests, to the juvenile court for
further proceedings, and, upon the certification, the juvenile
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Page 24
As Introduced
court has exclusive jurisdiction.
(E)(1)(a) The court shall not modify a prior decree
allocating parental rights and responsibilities for the care of
children unless it finds, based on facts that have arisen since
the prior decree or that were unknown to the court at the time
of the prior decree, that a change has occurred in the
circumstances of the child, the child's residential parent, or
either of the parents subject to a shared parenting decree, and
that the modification is necessary to serve the best interest of
the child. In applying these standards, the court shall retain
the residential parent designated by the prior decree or the
prior shared parenting decree, unless a modification is in the
best interest of the child and one of the following applies:
(i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting
decree agree to a change in the designation of residential
parent.
(ii) The child, with the consent of the residential parent
or of both parents under a shared parenting decree, has been
integrated into the family of the person seeking to become the
residential parent.
(iii) The harm likely to be caused by a change of
environment is outweighed by the advantages of the change of
environment to the child.
(b) One or both of the parents under a prior decree
allocating parental rights and responsibilities for the care of
children that is not a shared parenting decree may file a motion
requesting that the prior decree be modified to give both
parents shared rights and responsibilities for the care of the
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H. B. No. 693
Page 25
As Introduced
children. The motion shall include both a request for
modification of the prior decree and a request for a shared
parenting order that complies with division (G) of this section.
Upon the filing of the motion, if the court determines that a
modification of the prior decree is authorized under division
(E)(1)(a) of this section, the court may modify the prior decree
to grant a shared parenting order, provided that the court shall
not modify the prior decree to grant a shared parenting order
unless the court complies with divisions (A) and (D)(1) of this
section and, in accordance with those divisions, approves the
submitted shared parenting plan and determines that shared
parenting would be in the best interest of the children.
(2) In addition to a modification authorized under
division (E)(1) of this section:
(a) Both parents under a shared parenting decree jointly
may modify the terms of the plan for shared parenting approved
by the court and incorporated by it into the shared parenting
decree. Modifications under this division may be made at any
time. The modifications to the plan shall be filed jointly by
both parents with the court, and the court shall include them in
the plan, unless they are not in the best interest of the
children. If the modifications are not in the best interests of
the children, the court, in its discretion, may reject the
modifications or make modifications to the proposed
modifications or the plan that are in the best interest of the
children. Modifications jointly submitted by both parents under
a shared parenting decree shall be effective, either as
originally filed or as modified by the court, upon their
inclusion by the court in the plan. Modifications to the plan
made by the court shall be effective upon their inclusion by the
court in the plan.
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H. B. No. 693
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As Introduced
(b) The court may modify the terms of the plan for shared
parenting approved by the court and incorporated by it into the
shared parenting decree upon its own motion at any time if the
court determines that the modifications are in the best interest
of the children or upon the request of one or both of the
parents under the decree. Modifications under this division may
be made at any time. The court shall not make any modification
to the plan under this division, unless the modification is in
the best interest of the children.
(c) The court may terminate a prior final shared parenting
decree that includes a shared parenting plan approved under
division (D)(1)(a)(i) of this section upon the request of one or
both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court
may terminate a prior final shared parenting decree that
includes a shared parenting plan approved under division (D)(1)
(a)(ii) or (iii) of this section if it determines, upon its own
motion or upon the request of one or both parents, that shared
parenting is not in the best interest of the children. If
modification of the terms of the plan for shared parenting
approved by the court and incorporated by it into the final
shared parenting decree is attempted under division (E)(2)(a) of
this section and the court rejects the modifications, it may
terminate the final shared parenting decree if it determines
that shared parenting is not in the best interest of the
children.
(d) Upon the termination of a prior final shared parenting
decree under division (E)(2)(c) of this section, the court shall
proceed and issue a modified decree for the allocation of
parental rights and responsibilities for the care of the
children under the standards applicable under divisions (A),
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H. B. No. 693
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As Introduced
(B), and (C) of this section as if no decree for shared
parenting had been granted and as if no request for shared
parenting ever had been made.
(F)(1) In determining the best interest of a child
pursuant to this section, whether on an original decree
allocating parental rights and responsibilities for the care of
children or a modification of a decree allocating those rights
and responsibilities, the court shall consider all relevant
factors, including, but not limited to:
(a) The wishes of the child's parents regarding the
child's care;
(b) If the court has interviewed the child in chambers
pursuant to division (B) of this section regarding the child's
wishes and concerns as to the allocation of parental rights and
responsibilities concerning the child, the wishes and concerns
of the child, as expressed to the court;
(c) The child's interaction and interrelationship with the
child's parents, siblings, and any other person who may
significantly affect the child's best interest;
(d) The child's adjustment to the child's home, school,
and community;
(e) The mental and physical health of all persons involved
in the situation;
(f) The parent more likely to honor and facilitate court-
approved parenting time rights or visitation and companionship
rights;
(g) Whether either parent has failed to make all child
support payments, including all arrearages, that are required of
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As Introduced
that parent pursuant to a child support order under which that
parent is an obligor;
(h) Whether either parent or any member of the household
of either parent previously has been convicted of or pleaded
guilty to any criminal offense involving any act that resulted
in a child being an abused child or a neglected child; whether
either parent, in a case in which a child has been adjudicated
an abused child or a neglected child, previously has been
determined to be the perpetrator of the abusive or neglectful
act that is the basis of an adjudication; whether either parent
or any member of the household of either parent previously has
been convicted of or pleaded guilty to a violation of section
2919.25 of the Revised Code or a sexually oriented offense
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the current proceeding; whether either parent or any
member of the household of either parent previously has been
convicted of or pleaded guilty to any offense involving a victim
who at the time of the commission of the offense was a member of
the family or household that is the subject of the current
proceeding and caused physical harm to the victim in the
commission of the offense; and whether there is reason to
believe that either parent has acted in a manner resulting in a
child being an abused child or a neglected child;
(i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to parenting time in
accordance with an order of the court;
(j) Whether either parent has established a residence, or
is planning to establish a residence, outside this state.
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(2) In determining whether shared parenting is in the best
interest of the children, the court shall consider all relevant
factors, including, but not limited to, the factors enumerated
in division (F)(1) of this section, the factors enumerated in
section 3119.23 of the Revised Code, and all of the following
factors:
(a) The ability of the parents to cooperate and make
decisions jointly, with respect to the children;
(b) The ability of each parent to encourage the sharing of
love, affection, and contact between the child and the other
parent;
(c) Any history of, or potential for, child abuse, spouse
abuse, other domestic violence, or parental kidnapping by either
parent;
(d) The geographic proximity of the parents to each other,
as the proximity relates to the practical considerations of
shared parenting;
(e) The recommendation of the guardian ad litem of the
child, if the child has a guardian ad litem.
(3) When allocating parental rights and responsibilities
for the care of children, the court shall not give preference to
a parent because of that parent's financial status or condition.
(4) When allocating parental rights and responsibilities
for the care of children, the court shall not consider a
parent's act of affirming a child's sex as contrary to the best
interest of the child.
(G) Either parent or both parents of any children may file
a pleading or motion with the court requesting the court to
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H. B. No. 693
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grant both parents shared parental rights and responsibilities
for the care of the children in a proceeding held pursuant to
division (A) of this section. If a pleading or motion requesting
shared parenting is filed, the parent or parents filing the
pleading or motion also shall file with the court a plan for the
exercise of shared parenting by both parents. If each parent
files a pleading or motion requesting shared parenting but only
one parent files a plan or if only one parent files a pleading
or motion requesting shared parenting and also files a plan, the
other parent as ordered by the court shall file with the court a
plan for the exercise of shared parenting by both parents. The
plan for shared parenting shall be filed with the petition for
dissolution of marriage, if the question of parental rights and
responsibilities for the care of the children arises out of an
action for dissolution of marriage, or, in other cases, at a
time at least thirty days prior to the hearing on the issue of
the parental rights and responsibilities for the care of the
children. A plan for shared parenting shall include provisions
covering all factors that are relevant to the care of the
children, including, but not limited to, provisions covering
factors such as physical living arrangements, child support
obligations, provision for the children's medical and dental
care, school placement, and the parent with which the children
will be physically located during legal holidays, school
holidays, and other days of special importance.
(H) If an appeal is taken from a decision of a court that
grants or modifies a decree allocating parental rights and
responsibilities for the care of children, the court of appeals
shall give the case calendar priority and handle it
expeditiously.
(I)(1) Upon receipt of an order for active military
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As Introduced
service in the uniformed services, a parent who is subject to an
order allocating parental rights and responsibilities or in
relation to whom an action to allocate parental rights and
responsibilities is pending and who is ordered for active
military service shall notify the other parent who is subject to
the order or in relation to whom the case is pending of the
order for active military service within three days of receiving
the military service order.
(2) On receipt of the notice described in division (I)(1)
of this section, either parent may apply to the court for a
hearing to expedite an allocation or modification proceeding so
that the court can issue an order before the parent's active
military service begins. The application shall include the date
on which the active military service begins.
The court shall schedule a hearing upon receipt of the
application and hold the hearing not later than thirty days
after receipt of the application, except that the court shall
give the case calendar priority and handle the case
expeditiously if exigent circumstances exist in the case.
The court shall not modify a prior decree allocating
parental rights and responsibilities unless the court determines
that there has been a change in circumstances of the child, the
child's residential parent, or either of the parents subject to
a shared parenting decree, and that modification is necessary to
serve the best interest of the child. The court shall not find
past, present, or possible future active military service in the
uniformed services to constitute a change in circumstances
justifying modification of a prior decree pursuant to division
(E) of this section. The court shall make specific written
findings of fact to support any modification under this
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H. B. No. 693
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As Introduced
division.
(3) Nothing in division (I) of this section shall prevent
a court from issuing a temporary order allocating or modifying
parental rights and responsibilities for the duration of the
parent's active military service. A temporary order shall
specify whether the parent's active military service is the
basis of the order and shall provide for termination of the
temporary order and resumption of the prior order within ten
days after receipt of notice pursuant to division (I)(5) of this
section, unless the other parent demonstrates that resumption of
the prior order is not in the child's best interest.
(4) At the request of a parent who is ordered for active
military service in the uniformed services and who is a subject
of a proceeding pertaining to a temporary order for the
allocation or modification of parental rights and
responsibilities, the court shall permit the parent to
participate in the proceeding and present evidence by electronic
means, including communication by telephone, video, or internet
to the extent permitted by the rules of the supreme court of
Ohio.
(5) A parent who is ordered for active military service in
the uniformed services and who is a subject of a proceeding
pertaining to the allocation or modification of parental rights
and responsibilities shall provide written notice to the court,
child support enforcement agency, and the other parent of the
date of termination of the parent's active military service not
later than thirty days after the date on which the service ends.
(J) As used in this section:
(1) "Abused child" has the same meaning as in section
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2151.031 of the Revised Code.
(2) "Active military service" means service by a member of
the uniformed services in compliance with military orders to
report for combat operations, contingency operations,
peacekeeping operations, a remote tour of duty, or other active
service for which the member is required to report unaccompanied
by any family member, including any period of illness, recovery
from injury, leave, or other lawful absence during that
operation, duty, or service.
(3) "Affirming a child's sex" has the same meaning as in
section 3129.10 of the Revised Code.
(4) "Neglected child" has the same meaning as in section
2151.03 of the Revised Code.
(4)(5) "Sexually oriented offense" has the same meaning as
in section 2950.01 of the Revised Code.
(5)(6) "Uniformed services" means the United States armed
forces, the army national guard, and the air national guard or
any reserve component thereof, or the commissioned corps of the
United States public health service.
(K) As used in the Revised Code, "shared parenting" means
that the parents share, in the manner set forth in the plan for
shared parenting that is approved by the court under division
(D)(1) and described in division (L)(6) of this section, all or
some of the aspects of physical and legal care of their
children.
(L) For purposes of the Revised Code:
(1) A parent who is granted the care, custody, and control
of a child under an order that was issued pursuant to this
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section prior to April 11, 1991, and that does not provide for
shared parenting has "custody of the child" and "care, custody,
and control of the child" under the order, and is the
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child under the
order.
(2) A parent who primarily is allocated the parental
rights and responsibilities for the care of a child and who is
designated as the residential parent and legal custodian of the
child under an order that is issued pursuant to this section on
or after April 11, 1991, and that does not provide for shared
parenting has "custody of the child" and "care, custody, and
control of the child" under the order, and is the "residential
parent," the "residential parent and legal custodian," or the
"custodial parent" of the child under the order.
(3) A parent who is not granted custody of a child under
an order that was issued pursuant to this section prior to April
11, 1991, and that does not provide for shared parenting is the
"parent who is not the residential parent," the "parent who is
not the residential parent and legal custodian," or the
"noncustodial parent" of the child under the order.
(4) A parent who is not primarily allocated the parental
rights and responsibilities for the care of a child and who is
not designated as the residential parent and legal custodian of
the child under an order that is issued pursuant to this section
on or after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the
"parent who is not the residential parent and legal custodian,"
or the "noncustodial parent" of the child under the order.
(5) Unless the context clearly requires otherwise, if an
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order is issued by a court pursuant to this section and the
order provides for shared parenting of a child, both parents
have "custody of the child" or "care, custody, and control of
the child" under the order, to the extent and in the manner
specified in the order.
(6) Unless the context clearly requires otherwise and
except as otherwise provided in the order, if an order is issued
by a court pursuant to this section and the order provides for
shared parenting of a child, each parent, regardless of where
the child is physically located or with whom the child is
residing at a particular point in time, as specified in the
order, is the "residential parent," the "residential parent and
legal custodian," or the "custodial parent" of the child.
(7) Unless the context clearly requires otherwise and
except as otherwise provided in the order, a designation in the
order of a parent as the residential parent for the purpose of
determining the school the child attends, as the custodial
parent for purposes of claiming the child as a dependent
pursuant to section 152(e) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, or as the
residential parent for purposes of receiving public assistance
pursuant to division (A)(2) of this section, does not affect the
designation pursuant to division (L)(6) of this section of each
parent as the "residential parent," the "residential parent and
legal custodian," or the "custodial parent" of the child.
(M) The court shall require each parent of a child to file
an affidavit attesting as to whether the parent, and the members
of the parent's household, have been convicted of or pleaded
guilty to any of the offenses identified in divisions (C) and
(F)(1)(h) of this section.
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Sec. 3109.054. (A) When allocating parental rights and
responsibilities or parenting time, no court shall deny or limit
a parent's parental rights and responsibilities or parenting
time based on the parent's decision to do any of the following:
(A)(1) Refer to and raise the child in a manner consistent
with the child's biological sex or affirm the child's sex;
(B)(2) Decline to consent to the child receiving gender
transition services as defined in section 3129.01 of the Revised
Code;
(C)(3) Decline to consent to the child receiving
counseling or other mental health services for the purpose of
affirming the child's perception of the child's gender or sex,
if the child's perception is inconsistent with the child's
biological sex.
(B) "Affirm the child's sex" has the same meaning as in
section 3129.10 of the Revised Code.
Sec. 3129.01. As used in this chaptersections 3129.01 to
3129.06 of the Revised Code:
(A) "Biological sex," "birth sex," and "sex" mean the a
person's biological indication of sex, either male and or
female, including sex chromosomes, naturally occurring sex
hormones, gonads, and nonambiguous internal and external
genitalia present at birth, without regard to an individual's
psychological, chosen, or subjective experience of gender as
those terms are defined in section 3129.10 of the Revised Code.
(B) "Cross-sex hormone" means testosterone, estrogen, or
progesterone given to a minor individual in an amount greater
than would normally be produced endogenously in a healthy
individual of the minor individual's age and sex.
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(C) "Female" means, when referring to a natural person,
anyone who naturally has, had, will have, or would have, but for
a congenital anomaly or intentional or unintentional disruption,
the reproductive system that at some point produces, transports,
and utilizes eggs for fertilization.
(D) "Gender reassignment surgery" means any surgery
performed for the purpose of assisting an individual with gender
transition that seeks to surgically alter or remove healthy
physical or anatomical characteristics or features that are
typical for the individual's biological sex, in order to instill
or create physiological or anatomical characteristics that
resemble a sex different from the individual's birth sex,
including genital or non-genital gender reassignment surgery.
(D)(E) "Gender-related condition" means any condition
where an individual feels an incongruence between the
individual's gender identity and biological sex. "Gender-related
condition" includes gender dysphoria.
(E)(F) "Gender transition" means the process in which an
individual goes from identifying with and living as a gender
that corresponds to his or her biological sex to identifying
with and living as a gender different from his or her biological
sex, including social, legal, or physical changes.
(F)(G) "Gender transition services" means any medical or
surgical service (including physician services, inpatient and
outpatient hospital services, or prescription drugs or hormones)
provided for the purpose of assisting an individual with gender
transition that seeks to alter or remove physical or anatomical
characteristics or features that are typical for the
individual's biological sex, or to instill or create
physiological or anatomical characteristics that resemble a sex
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different from the individual's birth sex, including medical
services that provide puberty blocking drugs, cross-sex
hormones, or other mechanisms to promote the development of
feminizing or masculinizing features in the opposite sex, or
genital or non-genital gender reassignment surgery.
(G)(H) "Genital gender reassignment surgery" means surgery
performed for the purpose of assisting an individual with gender
transition and includes both of the following:
(1) Surgeries that sterilize, such as castration,
vasectomy, hysterectomy, oophorectomy, orchiectomy, and
penectomy;
(2) Surgeries that artificially construct tissue with the
appearance of genitalia that differs from the individual's
biological sex, such as metoidiplasty, phalloplasty, and
vaginoplasty.
(H)(I) "Male" means, when referring to a natural person,
anyone who naturally has, had, will have, or would have, but for
a congenital anomaly or intentional or unintentional disruption,
the reproductive system that at some point produces, transports,
and utilizes sperm for fertilization.
(J) "Mental health professional" means all of the
following:
(1) Either of the following advanced practice registered
nurses who holds a current, valid license issued under Chapter
4723. of the Revised Code that authorizes the practice of
nursing as an advanced practice registered nurse:
(a) A clinical nurse specialist who is certified as a
psychiatric-mental health CNS by the American nurses
credentialing center;
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(b) A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses
credentialing center.
(2) A physician specializing in psychiatry;
(3) A psychologist, school psychologist, or independent
school psychologist licensed under Chapter 4732. of the Revised
Code or under rules adopted in accordance with sections 3301.07
and 3319.22 of the Revised Code;
(4) An independent social worker, social worker, licensed
professional clinical counselor, licensed professional
counselor, independent marriage and family therapist, or
marriage and family therapist licensed under Chapter 4757. of
the Revised Code.
(I)(K) "Minor individual" means an individual under
eighteen years of age.
(J)(L) "Non-genital gender reassignment surgery" means
surgery performed for the purpose of assisting an individual
with gender transition such as augmentation mammoplasty, facial
feminization surgery, liposuction, lipofilling, voice surgery,
thyroid cartilage reduction, gluteal augmentation, pectoral
implants, or other aesthetic procedures.
(K)(M) "Physician" means an individual authorized under
Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery.
(L)(N) "Puberty-blocking drugs" means Gonadotropin-
releasing hormone analogs or other synthetic drugs used to stop
luteinizing hormone and follicle stimulating hormone secretion,
synthetic antiandrogen drugs used to block the androgen
receptor, or any drug to delay or suppress normal puberty.
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Sec. 3129.10.
As used in sections 3129.10 to 3129.351 of
the Revised Code:
(A) "Affirmation of a minor child's sex," "affirmed a
minor child's sex," "affirming a minor child's sex," "affirm a
minor child's sex," or "affirms a minor child's sex" means
guiding, instructing, raising, or referring to, or intending to
guide, instruct, raise, or refer to, a minor child in a manner
consistent with the minor child's sex and making decisions for
the purpose of protecting the minor child's bodily integrity,
development, and emotional and mental health, including all of
the following:
(1) Using the minor child's legal name, referring to the
minor child with pronouns consistent with the minor child's sex,
or refraining from using a name or pronouns inconsistent with
the minor child's sex;
(2) Seeking out and consenting to any lawful mental health
service for the minor child to assist the child in living
consistent with the child's sex;
(3) Declining to consent to any medical or surgical gender
transition services, as defined in section 3129.01 of the
Revised Code, for the minor child;
(4) Declining to consent to any physical or mental health
services for the minor child for the purpose of gender
transition as defined in section 3129.01 of the Revised Code.
(B) "Female," "male," and "sex" have the same meanings as
in section 3129.01 of the Revised Code.
(C) "Kinship caregiver" has the same meaning as in section
5101.85 of the Revised Code.
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H. B. No. 693
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As Introduced
(D) "Minor child" means an individual who is under
eighteen years of age.
(E) "Parental alienation" means a mental and emotional
state in which, without a valid reason, a minor child does both
of the following:
(1) Rejects a fit parent, guardian, or legal custodian;
(2) Allies strongly with another parent or an individual
or group of individuals who do not have legal custody or control
over the minor, sometimes referred to as "chosen family."
(F) "Political subdivision" means municipal corporations,
townships, counties, school districts, and all other bodies
corporate and politic responsible for governmental activities
only in geographic areas smaller than that of the state.
"Political subdivision" includes a county department of job and
family services or public children services agency.
(G) "Professional child welfare training" means
educational and training services, materials, and curricula for
employees, contractors, agents, or volunteers who work with at-
risk or abused or neglected children and youth, including
educational and training services, materials, and curricula
designed for public children services agencies, private child
placing agencies and any other foster care or adoption agencies,
mental health professionals, school districts, courts,
attorneys, and guardians ad litem.
(H) "State" means the state of Ohio, including the general
assembly, the supreme court, courts of appeals, the offices of
all elected state officers, and all departments, boards,
offices, commissions, agencies, institutions, and other
political subdivisions or instrumentalities of the state of
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Ohio, including a state institution of higher education and any
state employee, or any contractor, volunteer, or other person
acting as an agent of the state.
(I) "State agency" or "agency" means any organized agency,
board, body, commission, department, institution, office, or
other entity established by the laws of the state for the
exercise of any function of state government, including any
state employee, or any contractor, volunteer, or other person
acting as an agent of the state.
Sec. 3129.11.
In accordance with section 2151.032 of the
Revised Code, no public children services agency shall entertain
or investigate a report of child abuse or child neglect under
section 2151.421 of the Revised Code if the sole basis for the
report is the affirmation of a minor child's sex by a parent,
guardian, legal custodian, or kinship caregiver. If a report of
child abuse or child neglect includes a claim that a parent,
guardian, legal custodian, or kinship caregiver affirmed a minor
child's sex in addition to other claims, the affirmation of a
minor child's sex shall not serve as the basis for an
investigation of a complaint of abuse or neglect under section
2151.27 of the Revised Code or for the removal of the minor
child from the parent, guardian, legal custodian, or kinship
caregiver.
Sec. 3129.12.
In no event shall a parent, guardian, legal
custodian, or kinship caregiver's act of affirming a minor
child's sex serve as a basis for the state or a state agency to
do any of the following:
(A) Prevent the return of a minor child to the minor
child's parent, guardian, legal custodian, or kinship caregiver,
including in either of the following circumstances:
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(1) The parent, guardian, legal custodian, or kinship
caregiver has sought or consented to inpatient or outpatient
treatment for the minor child's self-harm or the risk or threat
of self-harm.
(2) The minor child, while in inpatient or outpatient
treatment, has been referred to or treated in a manner
inconsistent with the minor child's sex.
(B) Limit the parent, guardian, or legal custodian's
authority to make physical or mental health care decisions for,
or have physical access to, a minor child receiving inpatient or
outpatient treatment;
(C) Limit or waive a parent, guardian, or legal
custodian's right to be informed of and consent to or refuse a
minor child's participation in any research or study.
Sec. 3129.13.
The state and any state agency shall not
require a parent, guardian, legal custodian, or kinship
caregiver to consent to or facilitate social or medical,
including surgical, interventions counter to affirming a minor
child's sex.
Sec. 3129.14.
(A) It is the public policy of this state
that a parent has the fundamental right to make decisions
concerning the upbringing, education, and care of the parent's
minor child, including the right to affirm the minor child's
sex.
(B) The state and any state agency shall not do any of the
following:
(1) Take any adverse action against a parent, guardian, or
legal custodian for affirming the sex of the parent, guardian,
or legal custodian's minor child;
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(2) Require a parent, guardian, or legal custodian to
deny, or to refrain from affirming, the sex of the parent,
guardian, or legal custodian's minor child;
(3) Impose any limitations on the right and authority of a
parent, guardian, or legal custodian to make physical or mental
health care decisions for, or have physical access to, the
parent, guardian, or legal custodian's minor child;
(4) Withhold any information concerning a minor child's
mental, emotional, or physical health or well-being from the
minor child's parent, guardian, or legal custodian, including
information related to the child's claim or request to identify
in a way that does not correspond to the child's sex;
(5) Directly or indirectly encourage a minor child to
withhold information concerning the minor child's mental,
emotional, or physical health or well-being from the minor
child's parent, guardian, or legal custodian, including
information related to the child's claim or request to identify
in a way that does not correspond to the child's sex;
(6) Aid or abet a minor child to run away from a fit
parent, guardian, legal custodian, or kinship caregiver;
(7) Change a minor child's name or pronouns in the child's
educational, medical, or state records without the permission of
the minor child's parent, guardian, or legal custodian.
Sec. 3129.15.
The state and any state agency shall not do
any of the following:
(A) Take any adverse action against a prospective or
current foster caregiver, adoptive parent, or kinship caregiver
for affirming the sex of a minor child under the prospective or
current care of the caregiver or adoptive parent;
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(B) Deny the placement of a minor child with a prospective
or current foster caregiver, adoptive parent, or kinship
caregiver, or remove a minor child from the custody or care of a
foster caregiver, adoptive parent, or kinship caregiver, solely
on the basis of the prospective or current caregiver or adoptive
parent affirming a minor child's sex;
(C) Require a prospective or current foster caregiver,
adoptive parent, or kinship caregiver to deny, or to refrain
from affirming, the sex of a minor child under the prospective
or current care of the caregiver or adoptive parent.
Sec. 3129.21.
(A) The state, any political subdivision
thereof, and any state agency shall not use any state funds or
contract with any entity or conduct any educational or training
program for any employees, contractors, agents, or volunteers of
the state or any political subdivision thereof for training,
educational materials, or curricula that characterize the act of
affirming a minor child's sex as abuse, neglect, creating a risk
of abuse or neglect, or creating an unsafe environment.
(B) No employee, contractor, agent, or volunteer of the
state, any political subdivision thereof, or any state agency
acting in a supervisory capacity shall, while serving in an
official capacity or using state funds, train any individual
serving the state under the employee, contractor, agent, or
volunteer's supervision to characterize the act of affirming a
minor child's sex as abuse, neglect, creating a risk of abuse or
neglect, or creating an unsafe environment.
(C) No training of any employee, contractor, agent, or
volunteer of the state, any political subdivision thereof, or
any state agency, including a court appointed special advocate,
guardian ad litem, foster caregiver, and adoptive parent, shall,
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while serving in a capacity representing the state or using
state funds to carry out that service, characterize the act of
affirming a minor child's sex as abuse, neglect, creating a risk
of abuse or neglect, or creating an unsafe environment.
Sec. 3129.211.
Any entity that contracts with the state,
any political subdivision thereof, or a state agency to provide
professional child welfare training for employees, contractors,
agents, or volunteers of the state, any political subdivision
thereof, or a state agency shall provide the following
certification as part of the contract:
"[Entity name] certifies that the organization as well as
its employees and contractors shall, during the term of this
contract, while receiving state funds or carrying out duties as
contracted by [the state, political subdivision, or state
agency], provide no instruction, training, materials, or
curricula to any employee, contractor, agent, or volunteer of
the state or any political subdivision thereof stating or
suggesting that:
(1) The act of affirming a minor's sex constitutes abuse
or neglect, creates a risk of abuse or neglect, or creates an
unsafe environment;
(2) Gender transition for a minor is a sound evidence-
based treatment for gender dysphoria or that gender transition
reduces the risk of suicide in minors struggling with gender
dysphoria;
(3) Psychological and mental health treatment that affirms
a child's sex constitutes conversion therapy; or
(4) Parents, guardians, legal custodians, and other adult
caretakers of minors place children struggling with gender
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dysphoria at risk of self-harm if they affirm the child's sex."
Sec. 3129.22.
(A) The state, any political subdivision
thereof, and any state agency shall not enter into any contract
or use any state funds for any services, including for training,
educational materials, or programming to minor children, that
characterize the act of affirming a minor child's sex as abuse,
neglect, creating a risk of abuse or neglect, or creating an
unsafe environment.
(B) A violation of this section by any individual or
entity with whom the state or any political subdivision thereof
has contracted shall result in loss of the contract and loss of
eligibility for funding or future contracts.
Sec. 3129.23.
(A) No state regulatory entity may require
as a condition of licensure or certification that any
individual, organization, or agency that works with minor
children refer to or treat a minor child in a manner that is
inconsistent with the minor child's sex or deny care that
affirms a minor child's sex.
(B) A violation of this section shall result in the loss
of the certification or licensure of the responsible individual.
Sec. 3129.24.
A parent, guardian, legal custodian, or
kinship caregiver's act of affirming a minor child's sex shall
not serve as a basis to withhold information or require the
concealment of information about a minor child from the minor
child's parent, guardian, legal custodian, or kinship caregiver
in any policy or action implemented by the state or any
political subdivision thereof, including any employee,
contractor, agent, or volunteer of the state or political
subdivision thereof.
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Sec. 3129.25.
(A) No employee, contractor, agent, or
volunteer of the state or any political subdivision thereof
shall, in the course of the individual's actions or work
involving minor children, be required to deny or not affirm a
minor child's sex.
(B) The state or any political subdivision thereof shall
not engage in retaliatory action in relation to the act of
affirming a minor child's sex by an employee, contractor, agent,
or volunteer.
Sec. 3129.26.
The state, any political subdivision
thereof, any state agency, or any employee, agent, contractor,
or volunteer thereof, shall not do any of the following on
behalf of the state or with state funds:
(A) Solicit personal information or statements from a
minor related to the minor child's perception of the minor
child's sexual orientation or gender identity, without the
express written permission of the minor child's parent,
guardian, or legal custodian or a court order;
(B) Establish or maintain a system of surveillance or
monitoring of parents, guardians, legal custodians, and kinship
caregivers on the basis of a parent, guardian, legal custodian,
or kinship caregiver affirming a minor child's sex, including
any database of parents, guardians, legal custodians, or kinship
caregivers or other system that compiles and stores such
information;
(C) Establish or maintain a system of surveillance or
monitoring of minor children on the basis of a minor child's
perception of the minor child's sexual orientation or gender
identity, including any database of minor children or other
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similar system that compiles and stores such information, with
the exception of legal research settings if express written
permission has been obtained from a minor child's parent,
guardian, or legal custodian;
(D) Require or solicit a minor child to submit to a
survey, analysis, or evaluation that reveals information
concerning the minor child's sex, behavior, attitudes,
orientation, or perceived identity without the prior written
consent of the minor child's parent, guardian, or legal
custodian or a court order.
Sec. 3129.30.
The following certifications and reports
shall be provided to the governor, the general assembly, and the
attorney general and be made available in a publicly accessible
document at the end of each fiscal year:
(A) The director of children and youth shall certify
compliance with sections 3129.14, 3129.15, and 3129.24 of the
Revised Code.
(B) The director of administrative services shall do both
of the following:
(1) Report any loss of contracts as a result of a
violation of section 3129.22 of the Revised Code;
(2) Certify compliance with section 3129.25 of the Revised
Code.
(C) Each state agency, court, state institution of higher
education, county department of job and family services, and
public children services agency that conducts educational or
training programs related to working with minor children or
oversees such training shall certify compliance with section
3129.21 of the Revised Code.
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H. B. No. 693
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(D) Each board, commission, or agency created under or by
virtue of Title XLVII of the Revised Code and such other boards,
commissions, and agencies as the director of the legislative
service commission determines are regulating occupations and
professions shall certify that all certifications,
accreditations, and licenses have complied with section 3129.23
of the Revised Code.
Sec. 3129.301.
Each state agency that is required to
provide certification under section 3129.30 of the Revised Code
shall adopt rules under Chapter 119. of the Revised Code to
implement the certification requirements, including mechanisms
for establishing reporting requirements to the agency in order
to fulfill the agency's requirements under section 3129.30 of
the Revised Code.
Sec. 3129.35.
(A) A parent, guardian, legal custodian, or
minor child or an employee, contractor, agent, or volunteer of
the state or any political subdivision thereof may initiate a
private cause of action against any employee, contractor, agent,
or volunteer of the state, agency, institution, or entity that
violates section 3129.11, 3129.12, 3129.13, 3129.14, 3129.15,
3129.21, 3129.24, 3129.25, 3129.26, or 3129.30 of the Revised
Code if the violation pertains to that individual.
(B) The court may award damages and equitable relief as
determined to be justified, as well as reasonable attorney's
fees and court costs, to a parent, guardian, legal custodian, or
minor child, or to an employee, contractor, agent, or volunteer
of the state, agency, institution, or entity that prevails in an
action under division (A) of this section.
Sec. 3129.351.
Notwithstanding any other provision of the
Revised Code, the state and any political subdivision thereof
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waives its immunity from liability and consents to be sued, and
have its liability determined, in any court of competent
jurisdiction in accordance with the same rules of law otherwise
applicable to suits between private parties in any private cause
of action initiated under division (A) of section 3129.35 of the
Revised Code.
Sec. 4743.15.
Each board, commission, or agency created
under or by virtue of Title XLVII of the Revised Code and such
other boards, commissions, and agencies as the director of the
legislative service commission determines are regulating
occupations and professions shall comply with section 3129.23 of
the Revised Code.
Section 2. That existing sections 2151.412, 2151.426,
3109.04, 3109.054, and 3129.01 of the Revised Code are hereby
repealed.
Section 3. (A) It is the intent of the General Assembly to
maintain the long-established constitutional rights of parents
to raise, protect, and nurture their children, and to protect
children, families, and those who work with them from the harms
of wrongful determinations of abuse.
(B) The General Assembly hereby finds and declares all of
the following:
Parents possess by law the fundamental right to raise
their children and by nature and nurture the greatest love and
knowledge of that child.
The Fourteenth Amendment of the United States Constitution
protects the right of parents to direct the care, upbringing,
education, and welfare of their children.
The Supreme Court of the United States has held that "the
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Due Process Clause does not permit a State to infringe on the
fundamental right of parents to make childrearing decisions
simply because a state judge believes a 'better' decision could
be made." Troxel v. Granville, 530 U.S. 57, at 72-73 (plurality
op.).
The Supreme Court has recognized that a state's notion of
what may be "thought to be in the children's best interest,"
without some "showing of unfitness" on the part of parents,
offends the Due Process Clause of the Constitution. Quilloin v.
Walcott, 434 U.S. 246, 255 (1978).
The Supreme Court has held that "[t]he statist notion that
governmental power should supersede parental authority in all
cases because some parents abuse and neglect children is
repugnant to American tradition. Simply because the decision of
a parent is not agreeable to a child or because it involves
risks does not automatically transfer the power to make that
decision from the parents to some agency or officer of the
state." Parham v. J.R., 442 U.S. 584, 603 (1979).
A parent's fundamental right to direct the care and
upbringing of his or her child includes raising, treating,
referring to, and caring for the child in a manner consistent
with the child's sex.
It is contrary to the best interests of children for the
state to remove a child from fit and loving parents simply for
raising the child in a manner consistent with the child's
biological sex.
State child protection systems have wrongfully removed
children from the custody of fit and loving parents for
refraining from social measures or from medical or surgical
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procedures that attempt to affirm a child's feelings of
incongruence with the child's biological sex.
Child gender transition is an experimental, high-risk
process which can turn a physically healthy child into a
lifelong medical patient. As established in multiple systematic
evidence reviews, including a report published by the United
States Department of Health and Human Services in 2025 entitled
"Treatment for Pediatric Gender Dysphoria: Review of Evidence
and Best Practices" and a report published in 2024 that was
commissioned by National Health Service England and National
Health Service Improvement entitled "Cass Review," child gender
transition is not supported by evidenced-based medicine or
science.
The concept of a gender identity, often defined circularly
as "an internal sense of gender," or an "authentic self"
dissociated from biological reality is neither scientific nor
evidence-based, but a dubious metaphysical premise grounded in
tendentious gender ideology.
No sound scientific evidence justifies pediatric gender
transition, much less removal of a child by the state from the
child's parents for the purpose of enforcing such a transition.
Removing a child from the child's home and family creates
trauma for the child and damages familial bonds.
Except in cases of actual abuse, neglect, or endangerment,
removing a child from the child's home exposes the child to
greater risks in state care, including well-documented, vastly
higher rates of lifelong harm from sexual assault, human
trafficking, and drug use.
A growing number of educational and professional
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institutions wrongly train personnel of legal and child
protection systems to treat as abuse a parent's choice to
refrain from social, medical, or surgical procedures that affirm
a child's feelings of incongruence with the child's biological
sex.
A growing number of certification, licensing, and
accreditation bodies for health care, legal, and social work
professionals wrongly require adherence to the unquestioning and
precipitous gender transition of children.
A growing number of individuals and organizations working
with children in legal, educational, and health care settings
act in ways that alienate children from the children's parents
and families, and from the children's parents' and families'
sincerely held convictions and religious beliefs.
Parental alienation is a well-documented cause of
emotional distress and trauma in children, and is contrary to
the best interest of the child.
It is contrary to sound policy and to the best interest of
a child under the custody of the state to bar individuals from
fostering or adopting children solely on the grounds of moral
convictions and religious beliefs concerning sexuality and
biological sex. Thousands of such families have been barred by
states from fostering or adopting children, thus depriving
children in desperate need of safe and loving homes.
Histories of trauma and abuse correlate strongly with
dissociative beliefs. It is contrary to the best interest of a
child victim in the custody of the state to limit foster care or
adoptive placement to families who will reinforce a child's
dissociation from the child's body.
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No child should be reduced to the child's feelings about
the child's body, but should be supported in addressing
confusion and distress in a manner that does not harm the child.
Protecting a child's development, health, bodily
integrity, and open future is of paramount importance and
constitutes a legitimate state interest.
Raising a girl as a girl or a boy as a boy is never abuse.
Section 4. Sections 3129.10 to 3129.351 of the Revised
Code, as enacted by this act, shall be known as the Affirming
Families First Act.
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