SB 341

As Reported by the Senate Judiciary Committee
136th General Assembly
    Regular Session  S. B. No. 341
       2025-2026
  Senators DeMora, Blessing
 Cosponsors: Senators Lang, Antonio, Craig, Liston, Smith, Weinstein, Manning
  To amend sections 2151.23, 2151.233, 2151.352,  1
  3101.01, 3101.05, and 3109.011 and to repeal  2
  sections 3101.02, 3101.04, 3101.041, and  3
  3101.042 of the Revised Code to repeal law that  4
  authorizes a person who is seventeen years of  5
  age to marry.  6
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 2151.23, 2151.233, 2151.352,  7
3101.01, 3101.05, and 3109.011 of the Revised Code be amended to  8
read as follows:  9
      Sec. 2151.23. (A) The juvenile court has exclusive  10
original jurisdiction under the Revised Code as follows:  11
      (1) Concerning any child who on or about the date  12
specified in the complaint, indictment, or information is  13
alleged to have violated section 2151.87 of the Revised Code or  14
an order issued under that section or to be a juvenile traffic  15
offender or a delinquent, unruly, abused, neglected, or  16
dependent child and, based on and in relation to the allegation  17
pertaining to the child, concerning the parent, guardian, or  18
other person having care of a child who is alleged to be an  19
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As Reported by the Senate Judiciary Committee
unruly child for being an habitual truant or who is alleged to  20
be a delinquent child for violating a court order regarding the  21
child's prior adjudication as an unruly child for being an  22
habitual truant;  23
       (2) Subject to divisions (G), (I), (K), and (V) of section  24
2301.03 of the Revised Code, to determine the custody of any  25
child not a ward of another court of this state;  26
       (3) To hear and determine any application for a writ of  27
habeas corpus involving the custody of a child;  28
       (4) To exercise the powers and jurisdiction given the  29
probate division of the court of common pleas in Chapter 5122.  30
of the Revised Code, if the court has probable cause to believe  31
that a child otherwise within the jurisdiction of the court is a  32
person with a mental illness subject to court order, as defined  33
in section 5122.01 of the Revised Code;  34
       (5) To hear and determine all criminal cases charging  35
adults with the violation of any section of this chapter;  36
       (6) To hear and determine all criminal cases in which an  37
adult is charged with a violation of division (C) of section  38
2919.21, division (B)(1) of section 2919.22, section 2919.222,  39
division (B) of section 2919.23, or section 2919.24 of the  40
Revised Code, provided the charge is not included in an  41
indictment that also charges the alleged adult offender with the  42
commission of a felony arising out of the same actions that are  43
the basis of the alleged violation of division (C) of section  44
2919.21, division (B)(1) of section 2919.22, section 2919.222,  45
division (B) of section 2919.23, or section 2919.24 of the  46
Revised Code;  47
       (7) Under the interstate compact on juveniles in section  48
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As Reported by the Senate Judiciary Committee
2151.56 of the Revised Code;  49
        (8) Concerning any child who is to be taken into custody  50
pursuant to section 2151.31 of the Revised Code, upon being  51
notified of the intent to take the child into custody and the  52
reasons for taking the child into custody;  53
        (9) To hear and determine requests for the extension of  54
temporary custody agreements, and requests for court approval of  55
permanent custody agreements, that are filed pursuant to section  56
5103.15 of the Revised Code;  57
        (10) To hear and determine applications for consent to  58
marry pursuant to section 3101.04 of the Revised Code;  59
        (11) Subject to divisions (G), (I), (K), and (V) of  60
section 2301.03 of the Revised Code, to hear and determine a  61
request for an order for the support of any child if the request  62
is not ancillary to an action for divorce, dissolution of  63
marriage, annulment, or legal separation, a criminal or civil  64
action involving an allegation of domestic violence, or an  65
action for support brought under Chapter 3115. of the Revised  66
Code;  67
        (12)(11) Concerning an action commenced under section  68
121.38 of the Revised Code;  69
        (13)(12) To hear and determine violations of section  70
3321.38 of the Revised Code;  71
        (14)(13) To exercise jurisdiction and authority over the  72
parent, guardian, or other person having care of a child alleged  73
to be a delinquent child, unruly child, or juvenile traffic  74
offender, based on and in relation to the allegation pertaining  75
to the child;  76
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       (15)(14) To conduct the hearings, and to make the  77
determinations, adjudications, and orders authorized or required  78
under sections 2152.82 to 2152.86 and Chapter 2950. of the  79
Revised Code regarding a child who has been adjudicated a  80
delinquent child and to refer the duties conferred upon the  81
juvenile court judge under sections 2152.82 to 2152.86 and  82
Chapter 2950. of the Revised Code to magistrates appointed by  83
the juvenile court judge in accordance with Juvenile Rule 40;  84
       (16)(15) To hear and determine a petition for a protection  85
order against a child under section 2151.34 or 3113.31 of the  86
Revised Code and to enforce a protection order issued or a  87
consent agreement approved under either section against a child  88
until a date certain but not later than the date the child  89
attains nineteen years of age;  90
       (17)(16) Concerning emancipated young adults under  91
sections 2151.45 to 2151.455 of the Revised Code;  92
       (18)(17) To hear and determine a request for a court order  93
to examine and interview a child who may be an abused,  94
neglected, or dependent child under section 2151.25 of the  95
Revised Code.  96
       (B) Except as provided in divisions (G), (I), and (P) of  97
section 2301.03 of the Revised Code, the juvenile court has  98
original jurisdiction under the Revised Code:  99
       (1) To hear and determine all cases of misdemeanors  100
charging adults with any act or omission with respect to any  101
child, which act or omission is a violation of any state law or  102
any municipal ordinance;  103
       (2) To determine the paternity of any child alleged to  104
have been born out of wedlock pursuant to sections 3111.01 to  105
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3111.18 of the Revised Code;  106
       (3) Under the uniform interstate family support act in  107
Chapter 3115. of the Revised Code;  108
       (4) To hear and determine an application for an order for  109
the support of any child, if the child is not a ward of another  110
court of this state;  111
       (5) To hear and determine an action commenced under  112
section 3111.28 of the Revised Code;  113
       (6) To hear and determine a motion filed under section  114
3119.961 of the Revised Code;  115
       (7) To receive filings under section 3109.74 of the  116
Revised Code, and to hear and determine actions arising under  117
sections 3109.51 to 3109.80 of the Revised Code.  118
       (8) To enforce an order for the return of a child made  119
under the Hague Convention on the Civil Aspects of International  120
Child Abduction pursuant to section 3127.32 of the Revised Code;  121
       (9) To grant any relief normally available under the laws  122
of this state to enforce a child custody determination made by a  123
court of another state and registered in accordance with section  124
3127.35 of the Revised Code.  125
       (C) The juvenile court, except as to juvenile courts that  126
are a separate division of the court of common pleas or a  127
separate and independent juvenile court, has jurisdiction to  128
hear, determine, and make a record of any action for divorce or  129
legal separation that involves the custody or care of children  130
and that is filed in the court of common pleas and certified by  131
the court of common pleas with all the papers filed in the  132
action to the juvenile court for trial, provided that no  133
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certification of that nature shall be made to any juvenile court  134
unless the consent of the juvenile judge first is obtained.  135
After a certification of that nature is made and consent is  136
obtained, the juvenile court shall proceed as if the action  137
originally had been begun in that court, except as to awards for  138
spousal support or support due and unpaid at the time of  139
certification, over which the juvenile court has no  140
jurisdiction.  141
       (D) The juvenile court, except as provided in division (I)  142
of section 2301.03 of the Revised Code, has jurisdiction to hear  143
and determine all matters as to custody and support of children  144
duly certified by the court of common pleas to the juvenile  145
court after a divorce decree has been granted, including  146
jurisdiction to modify the judgment and decree of the court of  147
common pleas as the same relate to the custody and support of  148
children.  149
       (E) The juvenile court, except as provided in division (I)  150
of section 2301.03 of the Revised Code, has jurisdiction to hear  151
and determine the case of any child certified to the court by  152
any court of competent jurisdiction if the child comes within  153
the jurisdiction of the juvenile court as defined by this  154
section.  155
       (F)(1) The juvenile court shall exercise its jurisdiction  156
in child custody matters in accordance with sections 3109.04 and  157
3127.01 to 3127.53 of the Revised Code and, as applicable,  158
sections 5103.20 to 5103.22 or 5103.23 to 5103.237 of the  159
Revised Code.  160
       (2) The juvenile court shall exercise its jurisdiction in  161
child support matters in accordance with section 3109.05 of the  162
Revised Code.  163
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       (G) Any juvenile court that makes or modifies an order for  164
child support shall comply with Chapters 3119., 3121., 3123.,  165
and 3125. of the Revised Code. If any person required to pay  166
child support under an order made by a juvenile court on or  167
after April 15, 1985, or modified on or after December 1, 1986,  168
is found in contempt of court for failure to make support  169
payments under the order, the court that makes the finding, in  170
addition to any other penalty or remedy imposed, shall assess  171
all court costs arising out of the contempt proceeding against  172
the person and require the person to pay any reasonable  173
attorney's fees of any adverse party, as determined by the  174
court, that arose in relation to the act of contempt.  175
       (H) If a child who is charged with an act that would be an  176
offense if committed by an adult was fourteen years of age or  177
older and under eighteen years of age at the time of the alleged  178
act and if the case is transferred for criminal prosecution  179
pursuant to section 2152.12 of the Revised Code, except as  180
provided in section 2152.121 of the Revised Code, the juvenile  181
court does not have jurisdiction to hear or determine the case  182
subsequent to the transfer. The court to which the case is  183
transferred for criminal prosecution pursuant to that section  184
has jurisdiction subsequent to the transfer to hear and  185
determine the case in the same manner as if the case originally  186
had been commenced in that court, subject to section 2152.121 of  187
the Revised Code, including, but not limited to, jurisdiction to  188
accept a plea of guilty or another plea authorized by Criminal  189
Rule 11 or another section of the Revised Code and jurisdiction  190
to accept a verdict and to enter a judgment of conviction  191
pursuant to the Rules of Criminal Procedure against the child  192
for the commission of the offense that was the basis of the  193
transfer of the case for criminal prosecution, whether the  194
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conviction is for the same degree or a lesser degree of the  195
offense charged, for the commission of a lesser-included  196
offense, or for the commission of another offense that is  197
different from the offense charged. Section 2152.022 of the  198
Revised Code applies with respect to the transfer of a case for  199
criminal prosecution as described in this division and the  200
determination of jurisdiction after the transfer and, as  201
described in division (B) of that section, the juvenile court  202
retains jurisdiction over charges included in the complaint or  203
complaints containing the allegation that is the basis of the  204
transfer that are not transferred.  205
       (I) If a person under eighteen years of age allegedly  206
commits an act that would be a felony if committed by an adult  207
and if the person is not taken into custody or apprehended for  208
that act until after the person attains twenty-one years of age,  209
the juvenile court does not have jurisdiction to hear or  210
determine any portion of the case charging the person with  211
committing that act. In those circumstances, divisions (A) and  212
(B) of section 2152.12 of the Revised Code do not apply  213
regarding the act, and the case charging the person with  214
committing the act shall be a criminal prosecution commenced and  215
heard in the appropriate court having jurisdiction of the  216
offense as if the person had been eighteen years of age or older  217
when the person committed the act. All proceedings pertaining to  218
the act shall be within the jurisdiction of the court having  219
jurisdiction of the offense, and that court has all the  220
authority and duties in the case that it has in other criminal  221
cases in that court.  222
       (J) In exercising its exclusive original jurisdiction  223
under division (A)(16) of this section with respect to any  224
proceedings brought under section 2151.34 or 3113.31 of the  225
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Revised Code in which the respondent is a child, the juvenile  226
court retains all dispositionary powers consistent with existing  227
rules of juvenile procedure and may also exercise its discretion  228
to adjudicate proceedings as provided in sections 2151.34 and  229
3113.31 of the Revised Code, including the issuance of  230
protection orders or the approval of consent agreements under  231
those sections.  232
       Sec. 2151.233. (A) Except as provided in division (B) of  233
this section, the juvenile court shall not exercise jurisdiction  234
under division (A)(2), (A)(11)(A)(10), or (B)(4) of section  235
2151.23 of the Revised Code or section 2151.231 of the Revised  236
Code and the domestic relations court shall have jurisdiction to  237
determine custody or support regarding a child if any of the  238
following apply:  239
       (1) The child's parents are married to each other.  240
       (2) The child's parents were married to each other but no  241
longer are married to each other and there is an existing order  242
for custody or support regarding the child or another child of  243
the same parents over which the juvenile court does not have  244
jurisdiction.  245
       (3) The determination is ancillary to the parents' pending  246
or prior action for divorce, dissolution of marriage, annulment,  247
or legal separation.  248
       (B) Division (A) of this section does not apply to any  249
case or proceeding brought under Chapter 3115. of the Revised  250
Code, or to any case or proceeding initiated or originating  251
outside of this state.  252
       (C) This section shall apply to all cases and proceedings  253
initiated on or after March 22, 2019.  254
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As Reported by the Senate Judiciary Committee
       (D) As used in this section and sections 2151.234 to  255
2151.236 of the Revised Code, "domestic relations court" means  256
the division of a court of common pleas that has domestic  257
relations jurisdiction.  258
       Sec. 2151.352. A child, the child's parents or custodian,  259
or any other person in loco parentis of the child is entitled to  260
representation by legal counsel at all stages of the proceedings  261
under this chapter or Chapter 2152. of the Revised Code. If, as  262
an indigent person, a party is unable to employ counsel, the  263
party is entitled to have counsel provided for the person  264
pursuant to Chapter 120. of the Revised Code except in civil  265
matters in which the juvenile court is exercising jurisdiction  266
pursuant to division (A)(2), (3), (9), (10), (11), or (12), or  267
(13); (B)(2), (3), (4), (5), or (6); (C); (D); or (F)(1) or (2)  268
of section 2151.23 of the Revised Code. If a party appears  269
without counsel, the court shall ascertain whether the party  270
knows of the party's right to counsel and of the party's right  271
to be provided with counsel if the party is an indigent person.  272
The court may continue the case to enable a party to obtain  273
counsel, to be represented by the county public defender or the  274
joint county public defender, or to be appointed counsel upon  275
request pursuant to Chapter 120. of the Revised Code. Counsel  276
must be provided for a child not represented by the child's  277
parent, guardian, or custodian. If the interests of two or more  278
such parties conflict, separate counsel shall be provided for  279
each of them.  280
       Section 2935.14 of the Revised Code applies to any child  281
taken into custody. The parents, custodian, or guardian of such  282
child, and any attorney at law representing them or the child,  283
shall be entitled to visit such child at any reasonable time, be  284
present at any hearing involving the child, and be given  285
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reasonable notice of such hearing.  286
       Any report or part thereof concerning such child, which is  287
used in the hearing and is pertinent thereto, shall for good  288
cause shown be made available to any attorney at law  289
representing such child and to any attorney at law representing  290
the parents, custodian, or guardian of such child, upon written  291
request prior to any hearing involving such child.  292
       Sec. 3101.01. (A) Except as provided in section 3101.02 of  293
the Revised Code, only Only male persons of the age of eighteen  294
years, and only female persons of the age of eighteen years, not  295
nearer of kin than second cousins, and not having a husband or  296
wife living, may be joined in marriage. A marriage may only be  297
entered into by one man and one woman.  298
       (B)(1) Any marriage between persons of the same sex is  299
against the strong public policy of this state. Any marriage  300
between persons of the same sex shall have no legal force or  301
effect in this state and, if attempted to be entered into in  302
this state, is void ab initio and shall not be recognized by  303
this state.  304
       (2) Any marriage entered into by persons of the same sex  305
in any other jurisdiction shall be considered and treated in all  306
respects as having no legal force or effect in this state and  307
shall not be recognized by this state.  308
       (3) The recognition or extension by the state of the  309
specific statutory benefits of a legal marriage to nonmarital  310
relationships between persons of the same sex or different sexes  311
is against the strong public policy of this state. Any public  312
act, record, or judicial proceeding of this state, as defined in  313
section 9.82 of the Revised Code, that extends the specific  314
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As Reported by the Senate Judiciary Committee
statutory benefits of legal marriage to nonmarital relationships  315
between persons of the same sex or different sexes is void ab  316
initio. Nothing in division (B)(3) of this section shall be  317
construed to do either of the following:  318
       (a) Prohibit the extension of specific benefits otherwise  319
enjoyed by all persons, married or unmarried, to nonmarital  320
relationships between persons of the same sex or different  321
sexes, including the extension of benefits conferred by any  322
statute that is not expressly limited to married persons, which  323
includes but is not limited to benefits available under Chapter  324
4117. of the Revised Code;  325
       (b) Affect the validity of private agreements that are  326
otherwise valid under the laws of this state.  327
       (4) Any public act, record, or judicial proceeding of any  328
other state, country, or other jurisdiction outside this state  329
that extends the specific benefits of legal marriage to  330
nonmarital relationships between persons of the same sex or  331
different sexes shall be considered and treated in all respects  332
as having no legal force or effect in this state and shall not  333
be recognized by this state.  334
       Sec. 3101.05. (A) The parties to a marriage shall make an  335
application for a marriage license. Each of the persons seeking  336
a marriage license shall personally appear in the probate court  337
within the county where either resides, or, if neither is a  338
resident of this state, where the marriage is expected to be  339
solemnized. If neither party is a resident of this state, the  340
marriage may be solemnized only in the county where the license  341
is obtained. Each party shall make application and shall state  342
upon oath, the party's name, age, residence, place of birth,  343
occupation, father's name, and mother's maiden name, if known,  344
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As Reported by the Senate Judiciary Committee
and the name of the person who is expected to solemnize the  345
marriage. If either party has been previously married, the  346
application shall include the names of the parties to any  347
previous marriage and of any minor children, and if divorced the  348
jurisdiction, date, and case number of the decree. If either  349
applicant is the age of seventeen years, the judge shall require  350
the applicants to state that they received marriage counseling  351
satisfactory to the court. Except as otherwise provided in this  352
division, the application also shall include each party's social  353
security number. In lieu of requiring each party's social  354
security number on the application, the court may obtain each  355
party's social security number, retain the social security  356
numbers in a separate record, and allow a number other than the  357
social security number to be used on the application for  358
reference purposes. If a court allows the use of a number other  359
than the social security number to be used on the application  360
for reference purposes, the record containing the social  361
security number is not a public record, except that, in any of  362
the circumstances set forth in divisions (C)(1) to (5) of  363
section 3101.051 of the Revised Code, the record containing the  364
social security number shall be made available for inspection  365
under section 149.43 of the Revised Code.  366
       Immediately upon receipt of an application for a marriage  367
license, the court shall place the parties' record in a book  368
kept for that purpose. If the probate judge is satisfied that  369
there is no legal impediment and if one or both of the parties  370
are present, the probate judge shall grant the marriage license.  371
       If the judge is satisfied from the affidavit of a  372
reputable physician, clinical nurse specialist, or certified  373
nurse practitioner in active practice and residing in the county  374
where the probate court is located, that one of the parties is  375
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unable to appear in court, by reason of illness or other  376
physical disability, a marriage license may be granted upon  377
application and oath of the other party to the contemplated  378
marriage; but in that case the person who is unable to appear in  379
court, at the time of making application for a marriage license,  380
shall make and file in that court, an affidavit setting forth  381
the information required of applicants for a marriage license.  382
       A probate judge may grant a marriage license under this  383
section at any time after the application is made.  384
       A marriage license issued shall not display the social  385
security number of either party to the marriage.  386
       Each person seeking a marriage license shall present  387
documentary proof of age in the form of any one of the  388
following:  389
       (1) A copy of a birth record;  390
       (2) A birth certificate issued by the department of  391
health, a local registrar of vital statistics, or other public  392
office charged with similar duties by the laws of another state,  393
territory, or country;  394
       (3) A baptismal record showing the person's date of birth;  395
       (4) A passport;  396
       (5) A license or permit to operate a motor vehicle as  397
defined under section 4501.01 of the Revised Code;  398
       (6) Any government- or school-issued identification card  399
showing the person's date of birth;  400
       (7) An immigration record showing the person's date of  401
birth;  402
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As Reported by the Senate Judiciary Committee
       (8) A naturalization record showing the person's date of  403
birth;  404
       (9) A court record or any other document or record issued  405
by a governmental entity showing the person's date of birth.  406
       (B) An applicant for a marriage license who knowingly  407
makes a false statement in an application or affidavit  408
prescribed by this section is guilty of falsification under  409
section 2921.13 of the Revised Code.  410
       (C) No licensing officer shall issue a marriage license if  411
the officer has not received the application, affidavit, or  412
other statements prescribed by this section or if the officer  413
has reason to believe that any of the statements in a marriage  414
license application or in an affidavit prescribed by this  415
section are false.  416
       (D) Any fine collected for violation of this section shall  417
be paid to the use of the county together with the costs of  418
prosecution.  419
       Sec. 3109.011. A person granted consent to marry under  420
former section 3101.04 of the Revised Code has the capacity of a  421
person of the age of eighteen years or more, as described in  422
section 3109.01 of the Revised Code, except that the person is  423
not a qualified elector for purposes of Chapter 3503. of the  424
Revised Code.  425
       Section 2. That existing sections 2151.23, 2151.233,  426
2151.352, 3101.01, 3101.05, and 3109.011 of the Revised Code are  427
hereby repealed.  428
       Section 3. That sections 3101.02, 3101.04, 3101.041, and  429
3101.042 of the Revised Code are hereby repealed.  430
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       Section 4. Section 2151.23 of the Revised Code is  431
presented in this act as a composite of the section as amended  432
by H.B. 110, H.B. 281, H.B. 518, and S.B. 288, all of the 134th  433
General Assembly. The General Assembly, applying the principle  434
stated in division (B) of section 1.52 of the Revised Code that  435
amendments are to be harmonized if reasonably capable of  436
simultaneous operation, finds that the composite is the  437
resulting version of the section in effect prior to the  438
effective date of the section as presented in this act.  439