HB 693

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,  1
  3109.054, and 3129.01 and to enact sections  2
  2151.032, 3129.10, 3129.11, 3129.12, 3129.13,  3
  3129.14, 3129.15, 3129.21, 3129.211, 3129.22,  4
  3129.23, 3129.24, 3129.25, 3129.26, 3129.30,  5
  3129.301, 3129.35, 3129.351, and 4743.15 of the  6
  Revised Code to enact the Affirming Families  7
  First Act and protect the right to affirm a  8
  minor child's sex.  9
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
      Section 1. That sections 2151.412, 2151.426, 3109.04,  10
3109.054, and 3129.01 be amended and sections 2151.032, 3129.10,  11
3129.11, 3129.12, 3129.13, 3129.14, 3129.15, 3129.21, 3129.211,  12
3129.22, 3129.23, 3129.24, 3129.25, 3129.26, 3129.30, 3129.301,  13
3129.35, 3129.351, and 4743.15 of the Revised Code be enacted to  14
read as follows:  15
      Sec. 2151.032. (A) In no event shall recognizing or  16
affirming a child's sex be considered any of the following:  17
      (1) Abuse, neglect, or risk thereof;  18
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As Introduced
       (2) As contrary to the best interest of the child;  19
       (3) As creating an unsafe environment for the child.  20
       (B) Division (A) of this section applies in any  21
circumstance regarding the abuse or neglect, the best interest,  22
or the well-being of a child, including relevant provisions of  23
Chapter 2151., 2919., or 3109. of the Revised Code.  24
       (C) "Affirming a child's sex" has the same meaning as in  25
section 3129.10 of the Revised Code.  26
       Sec. 2151.412. (A) Each public children services agency  27
and private child placing agency shall prepare and maintain a  28
case plan for any child to whom the agency is providing services  29
and to whom any of the following applies:  30
       (1) The agency filed a complaint pursuant to section  31
2151.27 of the Revised Code alleging that the child is an  32
abused, neglected, or dependent child;  33
       (2) The agency has temporary or permanent custody of the  34
child;  35
       (3) The child is living at home subject to an order for  36
protective supervision;  37
       (4) The child is in a planned permanent living  38
arrangement.  39
       Except as provided by division (A)(2) of section 5103.153  40
of the Revised Code, a private child placing agency providing  41
services to a child who is the subject of a voluntary permanent  42
custody surrender agreement entered into under division (B)(4)  43
of section 5103.15 of the Revised Code is not required to  44
prepare and maintain a case plan for that child.  45
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As Introduced
       (B) Each public children services agency shall prepare and  46
maintain a case plan for any child for whom the agency is  47
providing in-home services pursuant to an alternative response.  48
       (C)(1) The director of children and youth shall adopt  49
rules pursuant to Chapter 119. of the Revised Code setting forth  50
the content and format of case plans required by division (A) of  51
this section and establishing procedures for developing,  52
implementing, and changing the case plans. The rules shall at a  53
minimum comply with the requirements of Title IV-E of the  54
"Social Security Act," 42 U.S.C. 670, et seq. (1980).  55
       (2) The director of children and youth shall adopt rules  56
pursuant to Chapter 119. of the Revised Code requiring public  57
children services agencies and private child placing agencies to  58
maintain case plans for children and their families who are  59
receiving services in their homes from the agencies and for whom  60
case plans are not required by division (A) of this section. The  61
rules for public children services agencies shall include the  62
requirements for case plans maintained for children and their  63
families who are receiving services in their homes from public  64
children services agencies pursuant to an alternative response.  65
The agencies shall maintain case plans as required by those  66
rules; however, the case plans shall not be subject to any other  67
provision of this section except as specifically required by the  68
rules.  69
       (D) Each public children services agency and private child  70
placing agency that is required by division (A) of this section  71
to maintain a case plan shall file the case plan with the court  72
prior to the child's adjudicatory hearing but no later than  73
thirty days after the earlier of the date on which the complaint  74
in the case was filed or the child was first placed into shelter  75
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As Introduced
care. If the agency does not have sufficient information prior  76
to the adjudicatory hearing to complete any part of the case  77
plan, the agency shall specify in the case plan the additional  78
information necessary to complete each part of the case plan and  79
the steps that will be taken to obtain that information. All  80
parts of the case plan shall be completed by the earlier of  81
thirty days after the adjudicatory hearing or the date of the  82
dispositional hearing for the child.  83
       (E) Any agency that is required by division (A) of this  84
section to prepare a case plan shall attempt to obtain an  85
agreement among all parties, including, but not limited to, the  86
parents, guardian, or custodian of the child and the guardian ad  87
litem of the child regarding the content of the case plan. If  88
all parties agree to the content of the case plan and the court  89
approves it, the court shall journalize it as part of its  90
dispositional order. If the agency cannot obtain an agreement  91
upon the contents of the case plan or the court does not approve  92
it, the parties shall present evidence on the contents of the  93
case plan at the dispositional hearing. The court, based upon  94
the evidence presented at the dispositional hearing and the best  95
interest of the child, shall determine the contents of the case  96
plan and journalize it as part of the dispositional order for  97
the child.  98
       (F)(1) All parties, including the parents, guardian, or  99
custodian of the child, are bound by the terms of the  100
journalized case plan. A party that fails to comply with the  101
terms of the journalized case plan may be held in contempt of  102
court.  103
       (2) Any party may propose a change to a substantive part  104
of the case plan, including, but not limited to, the child's  105
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As Introduced
placement and the visitation rights of any party. A party  106
proposing a change to the case plan shall file the proposed  107
change with the court and give notice of the proposed change in  108
writing before the end of the day after the day of filing it to  109
all parties and the child's guardian ad litem. All parties and  110
the guardian ad litem shall have seven days from the date the  111
notice is sent to object to and request a hearing on the  112
proposed change.  113
       (a) If it receives a timely request for a hearing, the  114
court shall schedule a hearing pursuant to section 2151.417 of  115
the Revised Code to be held no later than thirty days after the  116
request is received by the court. The court shall give notice of  117
the date, time, and location of the hearing to all parties and  118
the guardian ad litem. The agency may implement the proposed  119
change after the hearing, if the court approves it. The agency  120
shall not implement the proposed change unless it is approved by  121
the court.  122
       (b) If it does not receive a timely request for a hearing,  123
the court may approve the proposed change without a hearing. If  124
the court approves the proposed change without a hearing, it  125
shall journalize the case plan with the change not later than  126
fourteen days after the change is filed with the court. If the  127
court does not approve the proposed change to the case plan, it  128
shall schedule a hearing to be held pursuant to section 2151.417  129
of the Revised Code no later than thirty days after the  130
expiration of the fourteen-day time period and give notice of  131
the date, time, and location of the hearing to all parties and  132
the guardian ad litem of the child. If, despite the requirements  133
of division (F)(2) of this section, the court neither approves  134
and journalizes the proposed change nor conducts a hearing, the  135
agency may implement the proposed change not earlier than  136
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As Introduced
fifteen days after it is submitted to the court.  137
       (3) If an agency has reasonable cause to believe that a  138
child is suffering from illness or injury and is not receiving  139
proper care and that an appropriate change in the child's case  140
plan is necessary to prevent immediate or threatened physical or  141
emotional harm, to believe that a child is in immediate danger  142
from the child's surroundings and that an immediate change in  143
the child's case plan is necessary to prevent immediate or  144
threatened physical or emotional harm to the child, or to  145
believe that a parent, guardian, custodian, or other member of  146
the child's household has abused or neglected the child and that  147
the child is in danger of immediate or threatened physical or  148
emotional harm from that person unless the agency makes an  149
appropriate change in the child's case plan, it may implement  150
the change without prior agreement or a court hearing and,  151
before the end of the next day after the change is made, give  152
all parties, the guardian ad litem of the child, and the court  153
notice of the change. Before the end of the third day after  154
implementing the change in the case plan, the agency shall file  155
a statement of the change with the court and give notice of the  156
filing accompanied by a copy of the statement to all parties and  157
the guardian ad litem. All parties and the guardian ad litem  158
shall have ten days from the date the notice is sent to object  159
to and request a hearing on the change.  160
       (a) If it receives a timely request for a hearing, the  161
court shall schedule a hearing pursuant to section 2151.417 of  162
the Revised Code to be held no later than thirty days after the  163
request is received by the court. The court shall give notice of  164
the date, time, and location of the hearing to all parties and  165
the guardian ad litem. The agency shall continue to administer  166
the case plan with the change after the hearing, if the court  167
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As Introduced
approves the change. If the court does not approve the change,  168
the court shall make appropriate changes to the case plan and  169
shall journalize the case plan.  170
       (b) If it does not receive a timely request for a hearing,  171
the court may approve the change without a hearing. If the court  172
approves the change without a hearing, it shall journalize the  173
case plan with the change within fourteen days after receipt of  174
the change. If the court does not approve the change to the case  175
plan, it shall schedule a hearing under section 2151.417 of the  176
Revised Code to be held no later than thirty days after the  177
expiration of the fourteen-day time period and give notice of  178
the date, time, and location of the hearing to all parties and  179
the guardian ad litem of the child.  180
       (G)(1) All case plans for children in temporary custody  181
shall have the following general goals:  182
       (a) Consistent with the best interest and special needs of  183
the child, to achieve a safe out-of-home placement in the least  184
restrictive, most family-like setting available and in close  185
proximity to the home from which the child was removed or the  186
home in which the child will be permanently placed;  187
       (b) To eliminate with all due speed the need for the out-  188
of-home placement so that the child can safely return home.  189
       (2) The director of children and youth shall adopt rules  190
pursuant to Chapter 119. of the Revised Code setting forth the  191
general goals of case plans for children subject to  192
dispositional orders for protective supervision, a planned  193
permanent living arrangement, or permanent custody.  194
       (H) In the agency's development of a case plan and the  195
court's review of the case plan, the child's health and safety  196
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As Introduced
shall be the paramount concern. The agency and the court shall  197
be guided by the following general priorities:  198
       (1) A child who is residing with or can be placed with the  199
child's parents within a reasonable time should remain in their  200
legal custody even if an order of protective supervision is  201
required for a reasonable period of time;  202
       (2) If both parents of the child have abandoned the child,  203
have relinquished custody of the child, have become incapable of  204
supporting or caring for the child even with reasonable  205
assistance, or have a detrimental effect on the health, safety,  206
and best interest of the child, the child should be placed in  207
the legal custody of a suitable member of the child's extended  208
family;  209
       (3) If a child described in division (H)(2) of this  210
section has no suitable member of the child's extended family to  211
accept legal custody, the child should be placed in the legal  212
custody of a suitable nonrelative who shall be made a party to  213
the proceedings after being given legal custody of the child;  214
       (4) If the child has no suitable member of the child's  215
extended family to accept legal custody of the child and no  216
suitable nonrelative is available to accept legal custody of the  217
child and, if the child temporarily cannot or should not be  218
placed with the child's parents, guardian, or custodian, the  219
child should be placed in the temporary custody of a public  220
children services agency or a private child placing agency;  221
       (5) If the child cannot be placed with either of the  222
child's parents within a reasonable period of time or should not  223
be placed with either, if no suitable member of the child's  224
extended family or suitable nonrelative is available to accept  225
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As Introduced
legal custody of the child, and if the agency has a reasonable  226
expectation of placing the child for adoption, the child should  227
be committed to the permanent custody of the public children  228
services agency or private child placing agency;  229
       (6) If the child is to be placed for adoption or foster  230
care, the placement shall not be delayed or denied on the basis  231
of the child's or adoptive or foster family's race, color, or  232
national origin.  233
       (I) The case plan for a child in temporary custody shall  234
include at a minimum the following requirements if the child is  235
or has been the victim of abuse or neglect or if the child  236
witnessed the commission in the child's household of abuse or  237
neglect against a sibling of the child, a parent of the child,  238
or any other person in the child's household:  239
       (1) A requirement that the child's parents, guardian, or  240
custodian participate in mandatory counseling;  241
       (2) A requirement that the child's parents, guardian, or  242
custodian participate in any supportive services that are  243
required by or provided pursuant to the child's case plan.  244
       (J)(1) Prior to January 1, 2023, a case plan for a child  245
in temporary custody may include, as a supplement, a plan for  246
locating a permanent family placement. The supplement shall not  247
be considered part of the case plan for purposes of division (E)  248
of this section.  249
       (2) On and after January 1, 2023, a case plan for a child  250
in temporary custody shall include a permanency plan for the  251
child unless it is documented that such a plan would not be in  252
the best interest of the child. The permanency plan shall  253
describe the services the agency shall provide to achieve  254
H. B. No. 693  Page 10
As Introduced
permanency for the child if reasonable efforts to return the  255
child to the child's home, or eliminate the continued removal  256
from that home, are unsuccessful. Those services shall be  257
provided concurrently with reasonable efforts to return the  258
child home or eliminate the child's continued removal from home.  259
       (3) The director of children and youth, pursuant to  260
Chapter 119. of the Revised Code, shall adopt rules necessary to  261
carry out the purposes of division (J) of this section.  262
       (K)(1) A public children services agency may request that  263
the superintendent of the bureau of criminal identification and  264
investigation conduct a criminal records check with respect to a  265
parent, guardian, custodian, prospective custodian, or  266
prospective placement whose actions result in a finding after  267
the filing of a complaint as described in division (A)(1) of  268
this section that a child is an abused, neglected, or dependent  269
child. The public children services agency shall request that  270
the superintendent obtain information from the federal bureau of  271
investigation as part of the criminal records check.  272
       (2) At any time on or after the date that is ninety days  273
after September 10, 2012, a prosecuting attorney, or an  274
assistant prosecuting attorney appointed under section 309.06 of  275
the Revised Code, may request that the superintendent of the  276
bureau of criminal identification and investigation conduct a  277
criminal records check with respect to each parent, guardian,  278
custodian, prospective custodian, or prospective placement whose  279
actions resulted in a finding after the filing of a complaint  280
described in division (A)(1) of this section that a child is an  281
abused, neglected, or dependent child. Each prosecuting attorney  282
or assistant prosecuting attorney who makes such a request shall  283
request that the superintendent obtain information from the  284
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As Introduced
federal bureau of investigation as part of the criminal records  285
check for each parent, guardian, custodian, prospective  286
custodian, or prospective placement who is a subject of the  287
request.  288
       (3) A public children services agency, prosecuting  289
attorney, or assistant prosecuting attorney that requests a  290
criminal records check under division (K)(1) or (2) of this  291
section shall do both of the following:  292
       (a) Provide to each parent, guardian, custodian,  293
prospective custodian, or prospective placement for whom a  294
criminal records check is requested a copy of the form  295
prescribed pursuant to division (C)(1) of section 109.572 of the  296
Revised Code and a standard fingerprint impression sheet  297
prescribed pursuant to division (C)(2) of that section and  298
obtain the completed form and impression sheet from the parent,  299
guardian, custodian, prospective custodian, or prospective  300
placement;  301
       (b) Forward the completed form and impression sheet to the  302
superintendent of the bureau of criminal identification and  303
investigation.  304
       (4) A parent, guardian, custodian, prospective custodian,  305
or prospective placement who is given a form and fingerprint  306
impression sheet under division (K)(3)(a) of this section and  307
who fails to complete the form or provide fingerprint  308
impressions may be held in contempt of court.  309
       (L)(1) No case plan shall require a party to a case plan,  310
including the parent, guardian, or legal custodian of the child,  311
to consent to or facilitate social or medical, including  312
surgical, interventions counter to affirming a child's sex or to  313
H. B. No. 693  Page 12
As Introduced
restrict or prohibit a parent, guardian, or legal custodian from  314
affirming a child's sex.  315
       (2) As used in division (L) of this section, "affirming a  316
child's sex" and "affirm a child's sex" have the same meanings  317
as in section 3129.10 of the Revised Code.  318
       Sec. 2151.426. (A)(1) A children's advocacy center may be  319
established to serve a single county by execution of a  320
memorandum of understanding regarding the participation in the  321
operation of the center by any of the following entities in the  322
county to be served by the center:  323
       (a) The public children services agency;  324
       (b) Representatives of any county or municipal law  325
enforcement agencies serving the county that investigate any of  326
the types of abuse specified in the memorandum of understanding  327
creating the center as being within the center's jurisdiction;  328
       (c) The prosecuting attorney of the county or a village  329
solicitor, city director of law, or similar chief legal officer  330
of a municipal corporation in the county who prosecutes any of  331
the types of abuse specified in the memorandum of understanding  332
creating the center as being within the center's jurisdiction in  333
the area to be served by the center;  334
       (d) Any other entity considered appropriate by all of the  335
other entities executing the memorandum.  336
       (2) A children's advocacy center may be established to  337
serve two or more contiguous counties if a memorandum of  338
understanding regarding the participation in the operation of  339
the center is executed by any of the entities described in  340
division (A)(1) of this section in each county to be served by  341
the center.  342
H. B. No. 693  Page 13
As Introduced
       (3) Any memorandum of understanding executed under this  343
section may include a provision that specifies types of abuse of  344
a child, in addition to sexual abuse of a child, that are to be  345
within the jurisdiction of the children's advocacy center  346
created as a result of the execution of the memorandum. If a  347
memorandum of understanding executed under this section does not  348
include any provision of that nature, the children's advocacy  349
center created as a result of the execution of the memorandum  350
has jurisdiction only in relation to reports of alleged sexual  351
abuse of a child.  352
       (B) Each entity that participates in the execution of a  353
memorandum of understanding under this section shall cooperate  354
in all of the following:  355
       (1) Developing a multidisciplinary team pursuant to  356
section 2151.427 of the Revised Code to perform the functions  357
and activities and provide the services specified in the  358
interagency agreement entered into under section 2151.428 of the  359
Revised Code, regarding reports received under section 2151.421  360
of the Revised Code of alleged sexual abuse of a child and  361
reports of allegations of another type of abuse of a child that  362
is specified in the memorandum of understanding that creates the  363
center as being within the center's jurisdiction, and regarding  364
the children who are the subjects of the reports;  365
       (2) Participating in the operation of the center in  366
compliance a manner consistent with standards for full  367
membership established by the national children's alliance,  368
except for any qualifications or training that violates section  369
3129.26 of the Revised Code;  370
       (3) Employing the center's staff.  371
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As Introduced
       (C) A center shall do both of the following:  372
       (1) Operate in accordance with sections 2151.427 and  373
2151.428 of the Revised Code, the interagency agreement entered  374
into under section 2151.428 of the Revised Code relative to the  375
center, and consistent with the standards for full membership  376
established by the national children's alliance, provided that  377
compliance under this division does not violate sections 3129.10  378
to 3129.351 of the Revised Code;  379
       (2) Register annually with the attorney general.  380
       Sec. 3109.04. (A) In any divorce, legal separation, or  381
annulment proceeding and in any proceeding pertaining to the  382
allocation of parental rights and responsibilities for the care  383
of a child, upon hearing the testimony of either or both parents  384
and considering any mediation report filed pursuant to section  385
3109.052 of the Revised Code and in accordance with sections  386
3127.01 to 3127.53 of the Revised Code, the court shall allocate  387
the parental rights and responsibilities for the care of the  388
minor children of the marriage. Subject to division (D)(2) of  389
this section, the court may allocate the parental rights and  390
responsibilities for the care of the children in either of the  391
following ways:  392
       (1) If neither parent files a pleading or motion in  393
accordance with division (G) of this section, if at least one  394
parent files a pleading or motion under that division but no  395
parent who filed a pleading or motion under that division also  396
files a plan for shared parenting, or if at least one parent  397
files both a pleading or motion and a shared parenting plan  398
under that division but no plan for shared parenting is in the  399
best interest of the children, the court, in a manner consistent  400
with the best interest of the children, shall allocate the  401
H. B. No. 693  Page 15
As Introduced
parental rights and responsibilities for the care of the  402
children primarily to one of the parents, designate that parent  403
as the residential parent and the legal custodian of the child,  404
and divide between the parents the other rights and  405
responsibilities for the care of the children, including, but  406
not limited to, the responsibility to provide support for the  407
children and the right of the parent who is not the residential  408
parent to have continuing contact with the children.  409
       (2) If at least one parent files a pleading or motion in  410
accordance with division (G) of this section and a plan for  411
shared parenting pursuant to that division and if a plan for  412
shared parenting is in the best interest of the children and is  413
approved by the court in accordance with division (D)(1) of this  414
section, the court may allocate the parental rights and  415
responsibilities for the care of the children to both parents  416
and issue a shared parenting order requiring the parents to  417
share all or some of the aspects of the physical and legal care  418
of the children in accordance with the approved plan for shared  419
parenting. If the court issues a shared parenting order under  420
this division and it is necessary for the purpose of receiving  421
public assistance, the court shall designate which one of the  422
parents' residences is to serve as the child's home. The child  423
support obligations of the parents under a shared parenting  424
order issued under this division shall be determined in  425
accordance with Chapters 3119., 3121., 3123., and 3125. of the  426
Revised Code.  427
       (B)(1) When making the allocation of the parental rights  428
and responsibilities for the care of the children under this  429
section in an original proceeding or in any proceeding for  430
modification of a prior order of the court making the  431
allocation, the court shall take into account that which would  432
H. B. No. 693  Page 16
As Introduced
be in the best interest of the children. In determining the  433
child's best interest for purposes of making its allocation of  434
the parental rights and responsibilities for the care of the  435
child and for purposes of resolving any issues related to the  436
making of that allocation, the court, in its discretion, may  437
and, upon the request of either party, shall interview in  438
chambers any or all of the involved children regarding their  439
wishes and concerns with respect to the allocation.  440
       (2) If the court interviews any child pursuant to division  441
(B)(1) of this section, all of the following apply:  442
       (a) The court, in its discretion, may and, upon the motion  443
of either parent, shall appoint a guardian ad litem for the  444
child.  445
       (b) The court first shall determine the reasoning ability  446
of the child. If the court determines that the child does not  447
have sufficient reasoning ability to express the child's wishes  448
and concern with respect to the allocation of parental rights  449
and responsibilities for the care of the child, it shall not  450
determine the child's wishes and concerns with respect to the  451
allocation. If the court determines that the child has  452
sufficient reasoning ability to express the child's wishes or  453
concerns with respect to the allocation, it then shall determine  454
whether, because of special circumstances, it would not be in  455
the best interest of the child to determine the child's wishes  456
and concerns with respect to the allocation. If the court  457
determines that, because of special circumstances, it would not  458
be in the best interest of the child to determine the child's  459
wishes and concerns with respect to the allocation, it shall not  460
determine the child's wishes and concerns with respect to the  461
allocation and shall enter its written findings of fact and  462
H. B. No. 693  Page 17
As Introduced
opinion in the journal. If the court determines that it would be  463
in the best interests of the child to determine the child's  464
wishes and concerns with respect to the allocation, it shall  465
proceed to make that determination.  466
       (c) The interview shall be conducted in chambers, and no  467
person other than the child, the child's attorney, the judge,  468
any necessary court personnel, and, in the judge's discretion,  469
the attorney of each parent shall be permitted to be present in  470
the chambers during the interview.  471
       (3) No person shall obtain or attempt to obtain from a  472
child a written or recorded statement or affidavit setting forth  473
the child's wishes and concerns regarding the allocation of  474
parental rights and responsibilities concerning the child. No  475
court, in determining the child's best interest for purposes of  476
making its allocation of the parental rights and  477
responsibilities for the care of the child or for purposes of  478
resolving any issues related to the making of that allocation,  479
shall accept or consider a written or recorded statement or  480
affidavit that purports to set forth the child's wishes and  481
concerns regarding those matters.  482
       (C) Prior to trial, the court may cause an investigation  483
to be made as to the character, family relations, past conduct,  484
earning ability, and financial worth of each parent and may  485
order the parents and their minor children to submit to medical,  486
psychological, and psychiatric examinations. The report of the  487
investigation and examinations shall be made available to either  488
parent or the parent's counsel of record not less than five days  489
before trial, upon written request. The report shall be signed  490
by the investigator, and the investigator shall be subject to  491
cross-examination by either parent concerning the contents of  492
H. B. No. 693  Page 18
As Introduced
the report. The court may tax as costs all or any part of the  493
expenses for each investigation.  494
       If the court determines that either parent previously has  495
been convicted of or pleaded guilty to any criminal offense  496
involving any act that resulted in a child being a neglected  497
child, that either parent previously has been determined to be  498
the perpetrator of the neglectful act that is the basis of an  499
adjudication that a child is a neglected child, or that there is  500
reason to believe that either parent has acted in a manner  501
resulting in a child being a neglected child, the court shall  502
consider that fact against naming that parent the residential  503
parent and against granting a shared parenting decree. When the  504
court allocates parental rights and responsibilities for the  505
care of children or determines whether to grant shared parenting  506
in any proceeding, it shall consider whether either parent or  507
any member of the household of either parent has been convicted  508
of or pleaded guilty to a violation of section 2919.25 of the  509
Revised Code or a sexually oriented offense involving a victim  510
who at the time of the commission of the offense was a member of  511
the family or household that is the subject of the proceeding,  512
has been convicted of or pleaded guilty to any sexually oriented  513
offense or other offense involving a victim who at the time of  514
the commission of the offense was a member of the family or  515
household that is the subject of the proceeding and caused  516
physical harm to the victim in the commission of the offense, or  517
has been determined to be the perpetrator of the abusive act  518
that is the basis of an adjudication that a child is an abused  519
child. If the court determines that either parent has been  520
convicted of or pleaded guilty to a violation of section 2919.25  521
of the Revised Code or a sexually oriented offense involving a  522
victim who at the time of the commission of the offense was a  523
H. B. No. 693  Page 19
As Introduced
member of the family or household that is the subject of the  524
proceeding, has been convicted of or pleaded guilty to any  525
sexually oriented offense or other offense involving a victim  526
who at the time of the commission of the offense was a member of  527
the family or household that is the subject of the proceeding  528
and caused physical harm to the victim in the commission of the  529
offense, or has been determined to be the perpetrator of the  530
abusive act that is the basis of an adjudication that a child is  531
an abused child, it may designate that parent as the residential  532
parent and may issue a shared parenting decree or order only if  533
it determines that it is in the best interest of the child to  534
name that parent the residential parent or to issue a shared  535
parenting decree or order and it makes specific written findings  536
of fact to support its determination.  537
       (D)(1)(a) Upon the filing of a pleading or motion by  538
either parent or both parents, in accordance with division (G)  539
of this section, requesting shared parenting and the filing of a  540
shared parenting plan in accordance with that division, the  541
court shall comply with division (D)(1)(a)(i), (ii), or (iii) of  542
this section, whichever is applicable:  543
       (i) If both parents jointly make the request in their  544
pleadings or jointly file the motion and also jointly file the  545
plan, the court shall review the parents' plan to determine if  546
it is in the best interest of the children. If the court  547
determines that the plan is in the best interest of the  548
children, the court shall approve it. If the court determines  549
that the plan or any part of the plan is not in the best  550
interest of the children, the court shall require the parents to  551
make appropriate changes to the plan to meet the court's  552
objections to it. If changes to the plan are made to meet the  553
court's objections, and if the new plan is in the best interest  554
H. B. No. 693  Page 20
As Introduced
of the children, the court shall approve the plan. If changes to  555
the plan are not made to meet the court's objections, or if the  556
parents attempt to make changes to the plan to meet the court's  557
objections, but the court determines that the new plan or any  558
part of the new plan still is not in the best interest of the  559
children, the court may reject the portion of the parents'  560
pleadings or deny their motion requesting shared parenting of  561
the children and proceed as if the request in the pleadings or  562
the motion had not been made. The court shall not approve a plan  563
under this division unless it determines that the plan is in the  564
best interest of the children.  565
       (ii) If each parent makes a request in the parent's  566
pleadings or files a motion and each also files a separate plan,  567
the court shall review each plan filed to determine if either is  568
in the best interest of the children. If the court determines  569
that one of the filed plans is in the best interest of the  570
children, the court may approve the plan. If the court  571
determines that neither filed plan is in the best interest of  572
the children, the court may order each parent to submit  573
appropriate changes to the parent's plan or both of the filed  574
plans to meet the court's objections, or may select one of the  575
filed plans and order each parent to submit appropriate changes  576
to the selected plan to meet the court's objections. If changes  577
to the plan or plans are submitted to meet the court's  578
objections, and if any of the filed plans with the changes is in  579
the best interest of the children, the court may approve the  580
plan with the changes. If changes to the plan or plans are not  581
submitted to meet the court's objections, or if the parents  582
submit changes to the plan or plans to meet the court's  583
objections but the court determines that none of the filed plans  584
with the submitted changes is in the best interest of the  585
H. B. No. 693  Page 21
As Introduced
children, the court may reject the portion of the parents'  586
pleadings or deny their motions requesting shared parenting of  587
the children and proceed as if the requests in the pleadings or  588
the motions had not been made. If the court approves a plan  589
under this division, either as originally filed or with  590
submitted changes, or if the court rejects the portion of the  591
parents' pleadings or denies their motions requesting shared  592
parenting under this division and proceeds as if the requests in  593
the pleadings or the motions had not been made, the court shall  594
enter in the record of the case findings of fact and conclusions  595
of law as to the reasons for the approval or the rejection or  596
denial. Division (D)(1)(b) of this section applies in relation  597
to the approval or disapproval of a plan under this division.  598
       (iii) If each parent makes a request in the parent's  599
pleadings or files a motion but only one parent files a plan, or  600
if only one parent makes a request in the parent's pleadings or  601
files a motion and also files a plan, the court in the best  602
interest of the children may order the other parent to file a  603
plan for shared parenting in accordance with division (G) of  604
this section. The court shall review each plan filed to  605
determine if any plan is in the best interest of the children.  606
If the court determines that one of the filed plans is in the  607
best interest of the children, the court may approve the plan.  608
If the court determines that no filed plan is in the best  609
interest of the children, the court may order each parent to  610
submit appropriate changes to the parent's plan or both of the  611
filed plans to meet the court's objections or may select one  612
filed plan and order each parent to submit appropriate changes  613
to the selected plan to meet the court's objections. If changes  614
to the plan or plans are submitted to meet the court's  615
objections, and if any of the filed plans with the changes is in  616
H. B. No. 693  Page 22
As Introduced
the best interest of the children, the court may approve the  617
plan with the changes. If changes to the plan or plans are not  618
submitted to meet the court's objections, or if the parents  619
submit changes to the plan or plans to meet the court's  620
objections but the court determines that none of the filed plans  621
with the submitted changes is in the best interest of the  622
children, the court may reject the portion of the parents'  623
pleadings or deny the parents' motion or reject the portion of  624
the parents' pleadings or deny their motions requesting shared  625
parenting of the children and proceed as if the request or  626
requests or the motion or motions had not been made. If the  627
court approves a plan under this division, either as originally  628
filed or with submitted changes, or if the court rejects the  629
portion of the pleadings or denies the motion or motions  630
requesting shared parenting under this division and proceeds as  631
if the request or requests or the motion or motions had not been  632
made, the court shall enter in the record of the case findings  633
of fact and conclusions of law as to the reasons for the  634
approval or the rejection or denial. Division (D)(1)(b) of this  635
section applies in relation to the approval or disapproval of a  636
plan under this division.  637
       (b) The approval of a plan under division (D)(1)(a)(ii) or  638
(iii) of this section is discretionary with the court. The court  639
shall not approve more than one plan under either division and  640
shall not approve a plan under either division unless it  641
determines that the plan is in the best interest of the  642
children. If the court, under either division, does not  643
determine that any filed plan or any filed plan with submitted  644
changes is in the best interest of the children, the court shall  645
not approve any plan.  646
       (c) Whenever possible, the court shall require that a  647
H. B. No. 693  Page 23
As Introduced
shared parenting plan approved under division (D)(1)(a)(i),  648
(ii), or (iii) of this section ensure the opportunity for both  649
parents to have frequent and continuing contact with the child,  650
unless frequent and continuing contact with any parent would not  651
be in the best interest of the child.  652
       (d) If a court approves a shared parenting plan under  653
division (D)(1)(a)(i), (ii), or (iii) of this section, the  654
approved plan shall be incorporated into a final shared  655
parenting decree granting the parents the shared parenting of  656
the children. Any final shared parenting decree shall be issued  657
at the same time as and shall be appended to the final decree of  658
dissolution, divorce, annulment, or legal separation arising out  659
of the action out of which the question of the allocation of  660
parental rights and responsibilities for the care of the  661
children arose.  662
       No provisional shared parenting decree shall be issued in  663
relation to any shared parenting plan approved under division  664
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared  665
parenting decree issued under this division has immediate effect  666
as a final decree on the date of its issuance, subject to  667
modification or termination as authorized by this section.  668
       (2) If the court finds, with respect to any child under  669
eighteen years of age, that it is in the best interest of the  670
child for neither parent to be designated the residential parent  671
and legal custodian of the child, it may commit the child to a  672
relative of the child or certify a copy of its findings,  673
together with as much of the record and the further information,  674
in narrative form or otherwise, that it considers necessary or  675
as the juvenile court requests, to the juvenile court for  676
further proceedings, and, upon the certification, the juvenile  677
H. B. No. 693  Page 24
As Introduced
court has exclusive jurisdiction.  678
       (E)(1)(a) The court shall not modify a prior decree  679
allocating parental rights and responsibilities for the care of  680
children unless it finds, based on facts that have arisen since  681
the prior decree or that were unknown to the court at the time  682
of the prior decree, that a change has occurred in the  683
circumstances of the child, the child's residential parent, or  684
either of the parents subject to a shared parenting decree, and  685
that the modification is necessary to serve the best interest of  686
the child. In applying these standards, the court shall retain  687
the residential parent designated by the prior decree or the  688
prior shared parenting decree, unless a modification is in the  689
best interest of the child and one of the following applies:  690
       (i) The residential parent agrees to a change in the  691
residential parent or both parents under a shared parenting  692
decree agree to a change in the designation of residential  693
parent.  694
       (ii) The child, with the consent of the residential parent  695
or of both parents under a shared parenting decree, has been  696
integrated into the family of the person seeking to become the  697
residential parent.  698
       (iii) The harm likely to be caused by a change of  699
environment is outweighed by the advantages of the change of  700
environment to the child.  701
       (b) One or both of the parents under a prior decree  702
allocating parental rights and responsibilities for the care of  703
children that is not a shared parenting decree may file a motion  704
requesting that the prior decree be modified to give both  705
parents shared rights and responsibilities for the care of the  706
H. B. No. 693  Page 25
As Introduced
children. The motion shall include both a request for  707
modification of the prior decree and a request for a shared  708
parenting order that complies with division (G) of this section.  709
Upon the filing of the motion, if the court determines that a  710
modification of the prior decree is authorized under division  711
(E)(1)(a) of this section, the court may modify the prior decree  712
to grant a shared parenting order, provided that the court shall  713
not modify the prior decree to grant a shared parenting order  714
unless the court complies with divisions (A) and (D)(1) of this  715
section and, in accordance with those divisions, approves the  716
submitted shared parenting plan and determines that shared  717
parenting would be in the best interest of the children.  718
       (2) In addition to a modification authorized under  719
division (E)(1) of this section:  720
       (a) Both parents under a shared parenting decree jointly  721
may modify the terms of the plan for shared parenting approved  722
by the court and incorporated by it into the shared parenting  723
decree. Modifications under this division may be made at any  724
time. The modifications to the plan shall be filed jointly by  725
both parents with the court, and the court shall include them in  726
the plan, unless they are not in the best interest of the  727
children. If the modifications are not in the best interests of  728
the children, the court, in its discretion, may reject the  729
modifications or make modifications to the proposed  730
modifications or the plan that are in the best interest of the  731
children. Modifications jointly submitted by both parents under  732
a shared parenting decree shall be effective, either as  733
originally filed or as modified by the court, upon their  734
inclusion by the court in the plan. Modifications to the plan  735
made by the court shall be effective upon their inclusion by the  736
court in the plan.  737
H. B. No. 693  Page 26
As Introduced
       (b) The court may modify the terms of the plan for shared  738
parenting approved by the court and incorporated by it into the  739
shared parenting decree upon its own motion at any time if the  740
court determines that the modifications are in the best interest  741
of the children or upon the request of one or both of the  742
parents under the decree. Modifications under this division may  743
be made at any time. The court shall not make any modification  744
to the plan under this division, unless the modification is in  745
the best interest of the children.  746
       (c) The court may terminate a prior final shared parenting  747
decree that includes a shared parenting plan approved under  748
division (D)(1)(a)(i) of this section upon the request of one or  749
both of the parents or whenever it determines that shared  750
parenting is not in the best interest of the children. The court  751
may terminate a prior final shared parenting decree that  752
includes a shared parenting plan approved under division (D)(1)  753
(a)(ii) or (iii) of this section if it determines, upon its own  754
motion or upon the request of one or both parents, that shared  755
parenting is not in the best interest of the children. If  756
modification of the terms of the plan for shared parenting  757
approved by the court and incorporated by it into the final  758
shared parenting decree is attempted under division (E)(2)(a) of  759
this section and the court rejects the modifications, it may  760
terminate the final shared parenting decree if it determines  761
that shared parenting is not in the best interest of the  762
children.  763
       (d) Upon the termination of a prior final shared parenting  764
decree under division (E)(2)(c) of this section, the court shall  765
proceed and issue a modified decree for the allocation of  766
parental rights and responsibilities for the care of the  767
children under the standards applicable under divisions (A),  768
H. B. No. 693  Page 27
As Introduced
(B), and (C) of this section as if no decree for shared  769
parenting had been granted and as if no request for shared  770
parenting ever had been made.  771
       (F)(1) In determining the best interest of a child  772
pursuant to this section, whether on an original decree  773
allocating parental rights and responsibilities for the care of  774
children or a modification of a decree allocating those rights  775
and responsibilities, the court shall consider all relevant  776
factors, including, but not limited to:  777
       (a) The wishes of the child's parents regarding the  778
child's care;  779
       (b) If the court has interviewed the child in chambers  780
pursuant to division (B) of this section regarding the child's  781
wishes and concerns as to the allocation of parental rights and  782
responsibilities concerning the child, the wishes and concerns  783
of the child, as expressed to the court;  784
       (c) The child's interaction and interrelationship with the  785
child's parents, siblings, and any other person who may  786
significantly affect the child's best interest;  787
       (d) The child's adjustment to the child's home, school,  788
and community;  789
       (e) The mental and physical health of all persons involved  790
in the situation;  791
       (f) The parent more likely to honor and facilitate court-  792
approved parenting time rights or visitation and companionship  793
rights;  794
       (g) Whether either parent has failed to make all child  795
support payments, including all arrearages, that are required of  796
H. B. No. 693  Page 28
As Introduced
that parent pursuant to a child support order under which that  797
parent is an obligor;  798
       (h) Whether either parent or any member of the household  799
of either parent previously has been convicted of or pleaded  800
guilty to any criminal offense involving any act that resulted  801
in a child being an abused child or a neglected child; whether  802
either parent, in a case in which a child has been adjudicated  803
an abused child or a neglected child, previously has been  804
determined to be the perpetrator of the abusive or neglectful  805
act that is the basis of an adjudication; whether either parent  806
or any member of the household of either parent previously has  807
been convicted of or pleaded guilty to a violation of section  808
2919.25 of the Revised Code or a sexually oriented offense  809
involving a victim who at the time of the commission of the  810
offense was a member of the family or household that is the  811
subject of the current proceeding; whether either parent or any  812
member of the household of either parent previously has been  813
convicted of or pleaded guilty to any offense involving a victim  814
who at the time of the commission of the offense was a member of  815
the family or household that is the subject of the current  816
proceeding and caused physical harm to the victim in the  817
commission of the offense; and whether there is reason to  818
believe that either parent has acted in a manner resulting in a  819
child being an abused child or a neglected child;  820
       (i) Whether the residential parent or one of the parents  821
subject to a shared parenting decree has continuously and  822
willfully denied the other parent's right to parenting time in  823
accordance with an order of the court;  824
       (j) Whether either parent has established a residence, or  825
is planning to establish a residence, outside this state.  826
H. B. No. 693  Page 29
As Introduced
       (2) In determining whether shared parenting is in the best  827
interest of the children, the court shall consider all relevant  828
factors, including, but not limited to, the factors enumerated  829
in division (F)(1) of this section, the factors enumerated in  830
section 3119.23 of the Revised Code, and all of the following  831
factors:  832
       (a) The ability of the parents to cooperate and make  833
decisions jointly, with respect to the children;  834
       (b) The ability of each parent to encourage the sharing of  835
love, affection, and contact between the child and the other  836
parent;  837
       (c) Any history of, or potential for, child abuse, spouse  838
abuse, other domestic violence, or parental kidnapping by either  839
parent;  840
       (d) The geographic proximity of the parents to each other,  841
as the proximity relates to the practical considerations of  842
shared parenting;  843
       (e) The recommendation of the guardian ad litem of the  844
child, if the child has a guardian ad litem.  845
       (3) When allocating parental rights and responsibilities  846
for the care of children, the court shall not give preference to  847
a parent because of that parent's financial status or condition.  848
       (4) When allocating parental rights and responsibilities  849
for the care of children, the court shall not consider a  850
parent's act of affirming a child's sex as contrary to the best  851
interest of the child.  852
       (G) Either parent or both parents of any children may file  853
a pleading or motion with the court requesting the court to  854
H. B. No. 693  Page 30
As Introduced
grant both parents shared parental rights and responsibilities  855
for the care of the children in a proceeding held pursuant to  856
division (A) of this section. If a pleading or motion requesting  857
shared parenting is filed, the parent or parents filing the  858
pleading or motion also shall file with the court a plan for the  859
exercise of shared parenting by both parents. If each parent  860
files a pleading or motion requesting shared parenting but only  861
one parent files a plan or if only one parent files a pleading  862
or motion requesting shared parenting and also files a plan, the  863
other parent as ordered by the court shall file with the court a  864
plan for the exercise of shared parenting by both parents. The  865
plan for shared parenting shall be filed with the petition for  866
dissolution of marriage, if the question of parental rights and  867
responsibilities for the care of the children arises out of an  868
action for dissolution of marriage, or, in other cases, at a  869
time at least thirty days prior to the hearing on the issue of  870
the parental rights and responsibilities for the care of the  871
children. A plan for shared parenting shall include provisions  872
covering all factors that are relevant to the care of the  873
children, including, but not limited to, provisions covering  874
factors such as physical living arrangements, child support  875
obligations, provision for the children's medical and dental  876
care, school placement, and the parent with which the children  877
will be physically located during legal holidays, school  878
holidays, and other days of special importance.  879
       (H) If an appeal is taken from a decision of a court that  880
grants or modifies a decree allocating parental rights and  881
responsibilities for the care of children, the court of appeals  882
shall give the case calendar priority and handle it  883
expeditiously.  884
       (I)(1) Upon receipt of an order for active military  885
H. B. No. 693  Page 31
As Introduced
service in the uniformed services, a parent who is subject to an  886
order allocating parental rights and responsibilities or in  887
relation to whom an action to allocate parental rights and  888
responsibilities is pending and who is ordered for active  889
military service shall notify the other parent who is subject to  890
the order or in relation to whom the case is pending of the  891
order for active military service within three days of receiving  892
the military service order.  893
       (2) On receipt of the notice described in division (I)(1)  894
of this section, either parent may apply to the court for a  895
hearing to expedite an allocation or modification proceeding so  896
that the court can issue an order before the parent's active  897
military service begins. The application shall include the date  898
on which the active military service begins.  899
       The court shall schedule a hearing upon receipt of the  900
application and hold the hearing not later than thirty days  901
after receipt of the application, except that the court shall  902
give the case calendar priority and handle the case  903
expeditiously if exigent circumstances exist in the case.  904
       The court shall not modify a prior decree allocating  905
parental rights and responsibilities unless the court determines  906
that there has been a change in circumstances of the child, the  907
child's residential parent, or either of the parents subject to  908
a shared parenting decree, and that modification is necessary to  909
serve the best interest of the child. The court shall not find  910
past, present, or possible future active military service in the  911
uniformed services to constitute a change in circumstances  912
justifying modification of a prior decree pursuant to division  913
(E) of this section. The court shall make specific written  914
findings of fact to support any modification under this  915
H. B. No. 693  Page 32
As Introduced
division.  916
        (3) Nothing in division (I) of this section shall prevent  917
a court from issuing a temporary order allocating or modifying  918
parental rights and responsibilities for the duration of the  919
parent's active military service. A temporary order shall  920
specify whether the parent's active military service is the  921
basis of the order and shall provide for termination of the  922
temporary order and resumption of the prior order within ten  923
days after receipt of notice pursuant to division (I)(5) of this  924
section, unless the other parent demonstrates that resumption of  925
the prior order is not in the child's best interest.  926
        (4) At the request of a parent who is ordered for active  927
military service in the uniformed services and who is a subject  928
of a proceeding pertaining to a temporary order for the  929
allocation or modification of parental rights and  930
responsibilities, the court shall permit the parent to  931
participate in the proceeding and present evidence by electronic  932
means, including communication by telephone, video, or internet  933
to the extent permitted by the rules of the supreme court of  934
Ohio.  935
        (5) A parent who is ordered for active military service in  936
the uniformed services and who is a subject of a proceeding  937
pertaining to the allocation or modification of parental rights  938
and responsibilities shall provide written notice to the court,  939
child support enforcement agency, and the other parent of the  940
date of termination of the parent's active military service not  941
later than thirty days after the date on which the service ends.  942
        (J) As used in this section:  943
        (1) "Abused child" has the same meaning as in section  944
H. B. No. 693  Page 33
As Introduced
2151.031 of the Revised Code.  945
       (2) "Active military service" means service by a member of  946
the uniformed services in compliance with military orders to  947
report for combat operations, contingency operations,  948
peacekeeping operations, a remote tour of duty, or other active  949
service for which the member is required to report unaccompanied  950
by any family member, including any period of illness, recovery  951
from injury, leave, or other lawful absence during that  952
operation, duty, or service.  953
       (3) "Affirming a child's sex" has the same meaning as in  954
section 3129.10 of the Revised Code.  955
       (4) "Neglected child" has the same meaning as in section  956
2151.03 of the Revised Code.  957
       (4)(5) "Sexually oriented offense" has the same meaning as  958
in section 2950.01 of the Revised Code.  959
       (5)(6) "Uniformed services" means the United States armed  960
forces, the army national guard, and the air national guard or  961
any reserve component thereof, or the commissioned corps of the  962
United States public health service.  963
       (K) As used in the Revised Code, "shared parenting" means  964
that the parents share, in the manner set forth in the plan for  965
shared parenting that is approved by the court under division  966
(D)(1) and described in division (L)(6) of this section, all or  967
some of the aspects of physical and legal care of their  968
children.  969
       (L) For purposes of the Revised Code:  970
       (1) A parent who is granted the care, custody, and control  971
of a child under an order that was issued pursuant to this  972
H. B. No. 693  Page 34
As Introduced
section prior to April 11, 1991, and that does not provide for  973
shared parenting has "custody of the child" and "care, custody,  974
and control of the child" under the order, and is the  975
"residential parent," the "residential parent and legal  976
custodian," or the "custodial parent" of the child under the  977
order.  978
       (2) A parent who primarily is allocated the parental  979
rights and responsibilities for the care of a child and who is  980
designated as the residential parent and legal custodian of the  981
child under an order that is issued pursuant to this section on  982
or after April 11, 1991, and that does not provide for shared  983
parenting has "custody of the child" and "care, custody, and  984
control of the child" under the order, and is the "residential  985
parent," the "residential parent and legal custodian," or the  986
"custodial parent" of the child under the order.  987
       (3) A parent who is not granted custody of a child under  988
an order that was issued pursuant to this section prior to April  989
11, 1991, and that does not provide for shared parenting is the  990
"parent who is not the residential parent," the "parent who is  991
not the residential parent and legal custodian," or the  992
"noncustodial parent" of the child under the order.  993
       (4) A parent who is not primarily allocated the parental  994
rights and responsibilities for the care of a child and who is  995
not designated as the residential parent and legal custodian of  996
the child under an order that is issued pursuant to this section  997
on or after April 11, 1991, and that does not provide for shared  998
parenting is the "parent who is not the residential parent," the  999
"parent who is not the residential parent and legal custodian,"  1000
or the "noncustodial parent" of the child under the order.  1001
       (5) Unless the context clearly requires otherwise, if an  1002
H. B. No. 693  Page 35
As Introduced
order is issued by a court pursuant to this section and the  1003
order provides for shared parenting of a child, both parents  1004
have "custody of the child" or "care, custody, and control of  1005
the child" under the order, to the extent and in the manner  1006
specified in the order.  1007
       (6) Unless the context clearly requires otherwise and  1008
except as otherwise provided in the order, if an order is issued  1009
by a court pursuant to this section and the order provides for  1010
shared parenting of a child, each parent, regardless of where  1011
the child is physically located or with whom the child is  1012
residing at a particular point in time, as specified in the  1013
order, is the "residential parent," the "residential parent and  1014
legal custodian," or the "custodial parent" of the child.  1015
       (7) Unless the context clearly requires otherwise and  1016
except as otherwise provided in the order, a designation in the  1017
order of a parent as the residential parent for the purpose of  1018
determining the school the child attends, as the custodial  1019
parent for purposes of claiming the child as a dependent  1020
pursuant to section 152(e) of the "Internal Revenue Code of  1021
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, or as the  1022
residential parent for purposes of receiving public assistance  1023
pursuant to division (A)(2) of this section, does not affect the  1024
designation pursuant to division (L)(6) of this section of each  1025
parent as the "residential parent," the "residential parent and  1026
legal custodian," or the "custodial parent" of the child.  1027
       (M) The court shall require each parent of a child to file  1028
an affidavit attesting as to whether the parent, and the members  1029
of the parent's household, have been convicted of or pleaded  1030
guilty to any of the offenses identified in divisions (C) and  1031
(F)(1)(h) of this section.  1032
H. B. No. 693  Page 36
As Introduced
        Sec. 3109.054. (A) When allocating parental rights and  1033
responsibilities or parenting time, no court shall deny or limit  1034
a parent's parental rights and responsibilities or parenting  1035
time based on the parent's decision to do any of the following:  1036
        (A)(1) Refer to and raise the child in a manner consistent  1037
with the child's biological sex or affirm the child's sex;  1038
        (B)(2) Decline to consent to the child receiving gender  1039
transition services as defined in section 3129.01 of the Revised  1040
Code;  1041
        (C)(3) Decline to consent to the child receiving  1042
counseling or other mental health services for the purpose of  1043
affirming the child's perception of the child's gender or sex,  1044
if the child's perception is inconsistent with the child's  1045
biological sex.  1046
        (B) "Affirm the child's sex" has the same meaning as in  1047
section 3129.10 of the Revised Code.  1048
        Sec. 3129.01. As used in this chaptersections 3129.01 to  1049
3129.06 of the Revised Code:  1050
        (A) "Biological sex," "birth sex," and "sex" mean the a  1051
person's biological indication of sex, either male and or  1052
female, including sex chromosomes, naturally occurring sex  1053
hormones, gonads, and nonambiguous internal and external  1054
genitalia present at birth, without regard to an individual's  1055
psychological, chosen, or subjective experience of gender as  1056
those terms are defined in section 3129.10 of the Revised Code.  1057
        (B) "Cross-sex hormone" means testosterone, estrogen, or  1058
progesterone given to a minor individual in an amount greater  1059
than would normally be produced endogenously in a healthy  1060
individual of the minor individual's age and sex.  1061
H. B. No. 693  Page 37
As Introduced
       (C) "Female" means, when referring to a natural person,  1062
anyone who naturally has, had, will have, or would have, but for  1063
a congenital anomaly or intentional or unintentional disruption,  1064
the reproductive system that at some point produces, transports,  1065
and utilizes eggs for fertilization.  1066
       (D) "Gender reassignment surgery" means any surgery  1067
performed for the purpose of assisting an individual with gender  1068
transition that seeks to surgically alter or remove healthy  1069
physical or anatomical characteristics or features that are  1070
typical for the individual's biological sex, in order to instill  1071
or create physiological or anatomical characteristics that  1072
resemble a sex different from the individual's birth sex,  1073
including genital or non-genital gender reassignment surgery.  1074
       (D)(E) "Gender-related condition" means any condition  1075
where an individual feels an incongruence between the  1076
individual's gender identity and biological sex. "Gender-related  1077
condition" includes gender dysphoria.  1078
       (E)(F) "Gender transition" means the process in which an  1079
individual goes from identifying with and living as a gender  1080
that corresponds to his or her biological sex to identifying  1081
with and living as a gender different from his or her biological  1082
sex, including social, legal, or physical changes.  1083
       (F)(G) "Gender transition services" means any medical or  1084
surgical service (including physician services, inpatient and  1085
outpatient hospital services, or prescription drugs or hormones)  1086
provided for the purpose of assisting an individual with gender  1087
transition that seeks to alter or remove physical or anatomical  1088
characteristics or features that are typical for the  1089
individual's biological sex, or to instill or create  1090
physiological or anatomical characteristics that resemble a sex  1091
H. B. No. 693  Page 38
As Introduced
different from the individual's birth sex, including medical  1092
services that provide puberty blocking drugs, cross-sex  1093
hormones, or other mechanisms to promote the development of  1094
feminizing or masculinizing features in the opposite sex, or  1095
genital or non-genital gender reassignment surgery.  1096
       (G)(H) "Genital gender reassignment surgery" means surgery  1097
performed for the purpose of assisting an individual with gender  1098
transition and includes both of the following:  1099
       (1) Surgeries that sterilize, such as castration,  1100
vasectomy, hysterectomy, oophorectomy, orchiectomy, and  1101
penectomy;  1102
       (2) Surgeries that artificially construct tissue with the  1103
appearance of genitalia that differs from the individual's  1104
biological sex, such as metoidiplasty, phalloplasty, and  1105
vaginoplasty.  1106
       (H)(I) "Male" means, when referring to a natural person,  1107
anyone who naturally has, had, will have, or would have, but for  1108
a congenital anomaly or intentional or unintentional disruption,  1109
the reproductive system that at some point produces, transports,  1110
and utilizes sperm for fertilization.  1111
       (J) "Mental health professional" means all of the  1112
following:  1113
       (1) Either of the following advanced practice registered  1114
nurses who holds a current, valid license issued under Chapter  1115
4723. of the Revised Code that authorizes the practice of  1116
nursing as an advanced practice registered nurse:  1117
       (a) A clinical nurse specialist who is certified as a  1118
psychiatric-mental health CNS by the American nurses  1119
credentialing center;  1120
H. B. No. 693  Page 39
As Introduced
       (b) A certified nurse practitioner who is certified as a  1121
psychiatric-mental health NP by the American nurses  1122
credentialing center.  1123
       (2) A physician specializing in psychiatry;  1124
       (3) A psychologist, school psychologist, or independent  1125
school psychologist licensed under Chapter 4732. of the Revised  1126
Code or under rules adopted in accordance with sections 3301.07  1127
and 3319.22 of the Revised Code;  1128
       (4) An independent social worker, social worker, licensed  1129
professional clinical counselor, licensed professional  1130
counselor, independent marriage and family therapist, or  1131
marriage and family therapist licensed under Chapter 4757. of  1132
the Revised Code.  1133
       (I)(K) "Minor individual" means an individual under  1134
eighteen years of age.  1135
       (J)(L) "Non-genital gender reassignment surgery" means  1136
surgery performed for the purpose of assisting an individual  1137
with gender transition such as augmentation mammoplasty, facial  1138
feminization surgery, liposuction, lipofilling, voice surgery,  1139
thyroid cartilage reduction, gluteal augmentation, pectoral  1140
implants, or other aesthetic procedures.  1141
       (K)(M) "Physician" means an individual authorized under  1142
Chapter 4731. of the Revised Code to practice medicine and  1143
surgery or osteopathic medicine and surgery.  1144
       (L)(N) "Puberty-blocking drugs" means Gonadotropin-  1145
releasing hormone analogs or other synthetic drugs used to stop  1146
luteinizing hormone and follicle stimulating hormone secretion,  1147
synthetic antiandrogen drugs used to block the androgen  1148
receptor, or any drug to delay or suppress normal puberty.  1149
H. B. No. 693  Page 40
As Introduced
       Sec. 3129.10. As used in sections 3129.10 to 3129.351 of  1150
the Revised Code:  1151
       (A) "Affirmation of a minor child's sex," "affirmed a  1152
minor child's sex," "affirming a minor child's sex," "affirm a  1153
minor child's sex," or "affirms a minor child's sex" means  1154
guiding, instructing, raising, or referring to, or intending to  1155
guide, instruct, raise, or refer to, a minor child in a manner  1156
consistent with the minor child's sex and making decisions for  1157
the purpose of protecting the minor child's bodily integrity,  1158
development, and emotional and mental health, including all of  1159
the following:  1160
       (1) Using the minor child's legal name, referring to the  1161
minor child with pronouns consistent with the minor child's sex,  1162
or refraining from using a name or pronouns inconsistent with  1163
the minor child's sex;  1164
       (2) Seeking out and consenting to any lawful mental health  1165
service for the minor child to assist the child in living  1166
consistent with the child's sex;  1167
       (3) Declining to consent to any medical or surgical gender  1168
transition services, as defined in section 3129.01 of the  1169
Revised Code, for the minor child;  1170
       (4) Declining to consent to any physical or mental health  1171
services for the minor child for the purpose of gender  1172
transition as defined in section 3129.01 of the Revised Code.  1173
       (B) "Female," "male," and "sex" have the same meanings as  1174
in section 3129.01 of the Revised Code.  1175
       (C) "Kinship caregiver" has the same meaning as in section  1176
5101.85 of the Revised Code.  1177
H. B. No. 693  Page 41
As Introduced
        (D) "Minor child" means an individual who is under  1178
eighteen years of age.  1179
       (E) "Parental alienation" means a mental and emotional  1180
state in which, without a valid reason, a minor child does both  1181
of the following:  1182
       (1) Rejects a fit parent, guardian, or legal custodian;  1183
       (2) Allies strongly with another parent or an individual  1184
or group of individuals who do not have legal custody or control  1185
over the minor, sometimes referred to as "chosen family."  1186
       (F) "Political subdivision" means municipal corporations,  1187
townships, counties, school districts, and all other bodies  1188
corporate and politic responsible for governmental activities  1189
only in geographic areas smaller than that of the state.  1190
"Political subdivision" includes a county department of job and  1191
family services or public children services agency.  1192
       (G) "Professional child welfare training" means  1193
educational and training services, materials, and curricula for  1194
employees, contractors, agents, or volunteers who work with at-  1195
risk or abused or neglected children and youth, including  1196
educational and training services, materials, and curricula  1197
designed for public children services agencies, private child  1198
placing agencies and any other foster care or adoption agencies,  1199
mental health professionals, school districts, courts,  1200
attorneys, and guardians ad litem.  1201
       (H) "State" means the state of Ohio, including the general  1202
assembly, the supreme court, courts of appeals, the offices of  1203
all elected state officers, and all departments, boards,  1204
offices, commissions, agencies, institutions, and other  1205
political subdivisions or instrumentalities of the state of  1206
H. B. No. 693  Page 42
As Introduced
Ohio, including a state institution of higher education and any  1207
state employee, or any contractor, volunteer, or other person  1208
acting as an agent of the state.  1209
       (I) "State agency" or "agency" means any organized agency,  1210
board, body, commission, department, institution, office, or  1211
other entity established by the laws of the state for the  1212
exercise of any function of state government, including any  1213
state employee, or any contractor, volunteer, or other person  1214
acting as an agent of the state.  1215
       Sec. 3129.11. In accordance with section 2151.032 of the  1216
Revised Code, no public children services agency shall entertain  1217
or investigate a report of child abuse or child neglect under  1218
section 2151.421 of the Revised Code if the sole basis for the  1219
report is the affirmation of a minor child's sex by a parent,  1220
guardian, legal custodian, or kinship caregiver. If a report of  1221
child abuse or child neglect includes a claim that a parent,  1222
guardian, legal custodian, or kinship caregiver affirmed a minor  1223
child's sex in addition to other claims, the affirmation of a  1224
minor child's sex shall not serve as the basis for an  1225
investigation of a complaint of abuse or neglect under section  1226
2151.27 of the Revised Code or for the removal of the minor  1227
child from the parent, guardian, legal custodian, or kinship  1228
caregiver.  1229
       Sec. 3129.12. In no event shall a parent, guardian, legal  1230
custodian, or kinship caregiver's act of affirming a minor  1231
child's sex serve as a basis for the state or a state agency to  1232
do any of the following:  1233
       (A) Prevent the return of a minor child to the minor  1234
child's parent, guardian, legal custodian, or kinship caregiver,  1235
including in either of the following circumstances:  1236
H. B. No. 693  Page 43
As Introduced
       (1) The parent, guardian, legal custodian, or kinship  1237
caregiver has sought or consented to inpatient or outpatient  1238
treatment for the minor child's self-harm or the risk or threat  1239
of self-harm.  1240
       (2) The minor child, while in inpatient or outpatient  1241
treatment, has been referred to or treated in a manner  1242
inconsistent with the minor child's sex.  1243
       (B) Limit the parent, guardian, or legal custodian's  1244
authority to make physical or mental health care decisions for,  1245
or have physical access to, a minor child receiving inpatient or  1246
outpatient treatment;  1247
       (C) Limit or waive a parent, guardian, or legal  1248
custodian's right to be informed of and consent to or refuse a  1249
minor child's participation in any research or study.  1250
       Sec. 3129.13. The state and any state agency shall not  1251
require a parent, guardian, legal custodian, or kinship  1252
caregiver to consent to or facilitate social or medical,  1253
including surgical, interventions counter to affirming a minor  1254
child's sex.  1255
       Sec. 3129.14. (A) It is the public policy of this state  1256
that a parent has the fundamental right to make decisions  1257
concerning the upbringing, education, and care of the parent's  1258
minor child, including the right to affirm the minor child's  1259
sex.  1260
       (B) The state and any state agency shall not do any of the  1261
following:  1262
       (1) Take any adverse action against a parent, guardian, or  1263
legal custodian for affirming the sex of the parent, guardian,  1264
or legal custodian's minor child;  1265
H. B. No. 693  Page 44
As Introduced
       (2) Require a parent, guardian, or legal custodian to  1266
deny, or to refrain from affirming, the sex of the parent,  1267
guardian, or legal custodian's minor child;  1268
       (3) Impose any limitations on the right and authority of a  1269
parent, guardian, or legal custodian to make physical or mental  1270
health care decisions for, or have physical access to, the  1271
parent, guardian, or legal custodian's minor child;  1272
       (4) Withhold any information concerning a minor child's  1273
mental, emotional, or physical health or well-being from the  1274
minor child's parent, guardian, or legal custodian, including  1275
information related to the child's claim or request to identify  1276
in a way that does not correspond to the child's sex;  1277
       (5) Directly or indirectly encourage a minor child to  1278
withhold information concerning the minor child's mental,  1279
emotional, or physical health or well-being from the minor  1280
child's parent, guardian, or legal custodian, including  1281
information related to the child's claim or request to identify  1282
in a way that does not correspond to the child's sex;  1283
       (6) Aid or abet a minor child to run away from a fit  1284
parent, guardian, legal custodian, or kinship caregiver;  1285
       (7) Change a minor child's name or pronouns in the child's  1286
educational, medical, or state records without the permission of  1287
the minor child's parent, guardian, or legal custodian.  1288
       Sec. 3129.15. The state and any state agency shall not do  1289
any of the following:  1290
       (A) Take any adverse action against a prospective or  1291
current foster caregiver, adoptive parent, or kinship caregiver  1292
for affirming the sex of a minor child under the prospective or  1293
current care of the caregiver or adoptive parent;  1294
H. B. No. 693  Page 45
As Introduced
       (B) Deny the placement of a minor child with a prospective  1295
or current foster caregiver, adoptive parent, or kinship  1296
caregiver, or remove a minor child from the custody or care of a  1297
foster caregiver, adoptive parent, or kinship caregiver, solely  1298
on the basis of the prospective or current caregiver or adoptive  1299
parent affirming a minor child's sex;  1300
       (C) Require a prospective or current foster caregiver,  1301
adoptive parent, or kinship caregiver to deny, or to refrain  1302
from affirming, the sex of a minor child under the prospective  1303
or current care of the caregiver or adoptive parent.  1304
       Sec. 3129.21. (A) The state, any political subdivision  1305
thereof, and any state agency shall not use any state funds or  1306
contract with any entity or conduct any educational or training  1307
program for any employees, contractors, agents, or volunteers of  1308
the state or any political subdivision thereof for training,  1309
educational materials, or curricula that characterize the act of  1310
affirming a minor child's sex as abuse, neglect, creating a risk  1311
of abuse or neglect, or creating an unsafe environment.  1312
       (B) No employee, contractor, agent, or volunteer of the  1313
state, any political subdivision thereof, or any state agency  1314
acting in a supervisory capacity shall, while serving in an  1315
official capacity or using state funds, train any individual  1316
serving the state under the employee, contractor, agent, or  1317
volunteer's supervision to characterize the act of affirming a  1318
minor child's sex as abuse, neglect, creating a risk of abuse or  1319
neglect, or creating an unsafe environment.  1320
       (C) No training of any employee, contractor, agent, or  1321
volunteer of the state, any political subdivision thereof, or  1322
any state agency, including a court appointed special advocate,  1323
guardian ad litem, foster caregiver, and adoptive parent, shall,  1324
H. B. No. 693  Page 46
As Introduced
while serving in a capacity representing the state or using  1325
state funds to carry out that service, characterize the act of  1326
affirming a minor child's sex as abuse, neglect, creating a risk  1327
of abuse or neglect, or creating an unsafe environment.  1328
       Sec. 3129.211. Any entity that contracts with the state,  1329
any political subdivision thereof, or a state agency to provide  1330
professional child welfare training for employees, contractors,  1331
agents, or volunteers of the state, any political subdivision  1332
thereof, or a state agency shall provide the following  1333
certification as part of the contract:  1334
       "[Entity name] certifies that the organization as well as  1335
its employees and contractors shall, during the term of this  1336
contract, while receiving state funds or carrying out duties as  1337
contracted by [the state, political subdivision, or state  1338
agency], provide no instruction, training, materials, or  1339
curricula to any employee, contractor, agent, or volunteer of  1340
the state or any political subdivision thereof stating or  1341
suggesting that:  1342
       (1) The act of affirming a minor's sex constitutes abuse  1343
or neglect, creates a risk of abuse or neglect, or creates an  1344
unsafe environment;  1345
       (2) Gender transition for a minor is a sound evidence-  1346
based treatment for gender dysphoria or that gender transition  1347
reduces the risk of suicide in minors struggling with gender  1348
dysphoria;  1349
       (3) Psychological and mental health treatment that affirms  1350
a child's sex constitutes conversion therapy; or  1351
       (4) Parents, guardians, legal custodians, and other adult  1352
caretakers of minors place children struggling with gender  1353
H. B. No. 693  Page 47
As Introduced
dysphoria at risk of self-harm if they affirm the child's sex."  1354
       Sec. 3129.22. (A) The state, any political subdivision  1355
thereof, and any state agency shall not enter into any contract  1356
or use any state funds for any services, including for training,  1357
educational materials, or programming to minor children, that  1358
characterize the act of affirming a minor child's sex as abuse,  1359
neglect, creating a risk of abuse or neglect, or creating an  1360
unsafe environment.  1361
       (B) A violation of this section by any individual or  1362
entity with whom the state or any political subdivision thereof  1363
has contracted shall result in loss of the contract and loss of  1364
eligibility for funding or future contracts.  1365
       Sec. 3129.23. (A) No state regulatory entity may require  1366
as a condition of licensure or certification that any  1367
individual, organization, or agency that works with minor  1368
children refer to or treat a minor child in a manner that is  1369
inconsistent with the minor child's sex or deny care that  1370
affirms a minor child's sex.  1371
       (B) A violation of this section shall result in the loss  1372
of the certification or licensure of the responsible individual.  1373
       Sec. 3129.24. A parent, guardian, legal custodian, or  1374
kinship caregiver's act of affirming a minor child's sex shall  1375
not serve as a basis to withhold information or require the  1376
concealment of information about a minor child from the minor  1377
child's parent, guardian, legal custodian, or kinship caregiver  1378
in any policy or action implemented by the state or any  1379
political subdivision thereof, including any employee,  1380
contractor, agent, or volunteer of the state or political  1381
subdivision thereof.  1382
H. B. No. 693  Page 48
As Introduced
       Sec. 3129.25. (A) No employee, contractor, agent, or  1383
volunteer of the state or any political subdivision thereof  1384
shall, in the course of the individual's actions or work  1385
involving minor children, be required to deny or not affirm a  1386
minor child's sex.  1387
       (B) The state or any political subdivision thereof shall  1388
not engage in retaliatory action in relation to the act of  1389
affirming a minor child's sex by an employee, contractor, agent,  1390
or volunteer.  1391
       Sec. 3129.26. The state, any political subdivision  1392
thereof, any state agency, or any employee, agent, contractor,  1393
or volunteer thereof, shall not do any of the following on  1394
behalf of the state or with state funds:  1395
       (A) Solicit personal information or statements from a  1396
minor related to the minor child's perception of the minor  1397
child's sexual orientation or gender identity, without the  1398
express written permission of the minor child's parent,  1399
guardian, or legal custodian or a court order;  1400
       (B) Establish or maintain a system of surveillance or  1401
monitoring of parents, guardians, legal custodians, and kinship  1402
caregivers on the basis of a parent, guardian, legal custodian,  1403
or kinship caregiver affirming a minor child's sex, including  1404
any database of parents, guardians, legal custodians, or kinship  1405
caregivers or other system that compiles and stores such  1406
information;  1407
       (C) Establish or maintain a system of surveillance or  1408
monitoring of minor children on the basis of a minor child's  1409
perception of the minor child's sexual orientation or gender  1410
identity, including any database of minor children or other  1411
H. B. No. 693  Page 49
As Introduced
similar system that compiles and stores such information, with  1412
the exception of legal research settings if express written  1413
permission has been obtained from a minor child's parent,  1414
guardian, or legal custodian;  1415
        (D) Require or solicit a minor child to submit to a  1416
survey, analysis, or evaluation that reveals information  1417
concerning the minor child's sex, behavior, attitudes,  1418
orientation, or perceived identity without the prior written  1419
consent of the minor child's parent, guardian, or legal  1420
custodian or a court order.  1421
        Sec. 3129.30. The following certifications and reports  1422
shall be provided to the governor, the general assembly, and the  1423
attorney general and be made available in a publicly accessible  1424
document at the end of each fiscal year:  1425
        (A) The director of children and youth shall certify  1426
compliance with sections 3129.14, 3129.15, and 3129.24 of the  1427
Revised Code.  1428
        (B) The director of administrative services shall do both  1429
of the following:  1430
        (1) Report any loss of contracts as a result of a  1431
violation of section 3129.22 of the Revised Code;  1432
        (2) Certify compliance with section 3129.25 of the Revised  1433
Code.  1434
        (C) Each state agency, court, state institution of higher  1435
education, county department of job and family services, and  1436
public children services agency that conducts educational or  1437
training programs related to working with minor children or  1438
oversees such training shall certify compliance with section  1439
3129.21 of the Revised Code.  1440
H. B. No. 693  Page 50
As Introduced
       (D) Each board, commission, or agency created under or by  1441
virtue of Title XLVII of the Revised Code and such other boards,  1442
commissions, and agencies as the director of the legislative  1443
service commission determines are regulating occupations and  1444
professions shall certify that all certifications,  1445
accreditations, and licenses have complied with section 3129.23  1446
of the Revised Code.  1447
       Sec. 3129.301. Each state agency that is required to  1448
provide certification under section 3129.30 of the Revised Code  1449
shall adopt rules under Chapter 119. of the Revised Code to  1450
implement the certification requirements, including mechanisms  1451
for establishing reporting requirements to the agency in order  1452
to fulfill the agency's requirements under section 3129.30 of  1453
the Revised Code.  1454
       Sec. 3129.35. (A) A parent, guardian, legal custodian, or  1455
minor child or an employee, contractor, agent, or volunteer of  1456
the state or any political subdivision thereof may initiate a  1457
private cause of action against any employee, contractor, agent,  1458
or volunteer of the state, agency, institution, or entity that  1459
violates section 3129.11, 3129.12, 3129.13, 3129.14, 3129.15,  1460
3129.21, 3129.24, 3129.25, 3129.26, or 3129.30 of the Revised  1461
Code if the violation pertains to that individual.  1462
       (B) The court may award damages and equitable relief as  1463
determined to be justified, as well as reasonable attorney's  1464
fees and court costs, to a parent, guardian, legal custodian, or  1465
minor child, or to an employee, contractor, agent, or volunteer  1466
of the state, agency, institution, or entity that prevails in an  1467
action under division (A) of this section.  1468
       Sec. 3129.351. Notwithstanding any other provision of the  1469
Revised Code, the state and any political subdivision thereof  1470
H. B. No. 693  Page 51
As Introduced
waives its immunity from liability and consents to be sued, and  1471
have its liability determined, in any court of competent  1472
jurisdiction in accordance with the same rules of law otherwise  1473
applicable to suits between private parties in any private cause  1474
of action initiated under division (A) of section 3129.35 of the  1475
Revised Code.  1476
       Sec. 4743.15. Each board, commission, or agency created  1477
under or by virtue of Title XLVII of the Revised Code and such  1478
other boards, commissions, and agencies as the director of the  1479
legislative service commission determines are regulating  1480
occupations and professions shall comply with section 3129.23 of  1481
the Revised Code.  1482
       Section 2. That existing sections 2151.412, 2151.426,  1483
3109.04, 3109.054, and 3129.01 of the Revised Code are hereby  1484
repealed.  1485
       Section 3. (A) It is the intent of the General Assembly to  1486
maintain the long-established constitutional rights of parents  1487
to raise, protect, and nurture their children, and to protect  1488
children, families, and those who work with them from the harms  1489
of wrongful determinations of abuse.  1490
       (B) The General Assembly hereby finds and declares all of  1491
the following:  1492
       Parents possess by law the fundamental right to raise  1493
their children and by nature and nurture the greatest love and  1494
knowledge of that child.  1495
       The Fourteenth Amendment of the United States Constitution  1496
protects the right of parents to direct the care, upbringing,  1497
education, and welfare of their children.  1498
       The Supreme Court of the United States has held that "the  1499
H. B. No. 693  Page 52
As Introduced
Due Process Clause does not permit a State to infringe on the  1500
fundamental right of parents to make childrearing decisions  1501
simply because a state judge believes a 'better' decision could  1502
be made." Troxel v. Granville, 530 U.S. 57, at 72-73 (plurality  1503
op.).  1504
        The Supreme Court has recognized that a state's notion of  1505
what may be "thought to be in the children's best interest,"  1506
without some "showing of unfitness" on the part of parents,  1507
offends the Due Process Clause of the Constitution. Quilloin v.  1508
Walcott, 434 U.S. 246, 255 (1978).  1509
        The Supreme Court has held that "[t]he statist notion that  1510
governmental power should supersede parental authority in all  1511
cases because some parents abuse and neglect children is  1512
repugnant to American tradition. Simply because the decision of  1513
a parent is not agreeable to a child or because it involves  1514
risks does not automatically transfer the power to make that  1515
decision from the parents to some agency or officer of the  1516
state." Parham v. J.R., 442 U.S. 584, 603 (1979).  1517
        A parent's fundamental right to direct the care and  1518
upbringing of his or her child includes raising, treating,  1519
referring to, and caring for the child in a manner consistent  1520
with the child's sex.  1521
        It is contrary to the best interests of children for the  1522
state to remove a child from fit and loving parents simply for  1523
raising the child in a manner consistent with the child's  1524
biological sex.  1525
        State child protection systems have wrongfully removed  1526
children from the custody of fit and loving parents for  1527
refraining from social measures or from medical or surgical  1528
H. B. No. 693  Page 53
As Introduced
procedures that attempt to affirm a child's feelings of  1529
incongruence with the child's biological sex.  1530
       Child gender transition is an experimental, high-risk  1531
process which can turn a physically healthy child into a  1532
lifelong medical patient. As established in multiple systematic  1533
evidence reviews, including a report published by the United  1534
States Department of Health and Human Services in 2025 entitled  1535
"Treatment for Pediatric Gender Dysphoria: Review of Evidence  1536
and Best Practices" and a report published in 2024 that was  1537
commissioned by National Health Service England and National  1538
Health Service Improvement entitled "Cass Review," child gender  1539
transition is not supported by evidenced-based medicine or  1540
science.  1541
       The concept of a gender identity, often defined circularly  1542
as "an internal sense of gender," or an "authentic self"  1543
dissociated from biological reality is neither scientific nor  1544
evidence-based, but a dubious metaphysical premise grounded in  1545
tendentious gender ideology.  1546
       No sound scientific evidence justifies pediatric gender  1547
transition, much less removal of a child by the state from the  1548
child's parents for the purpose of enforcing such a transition.  1549
       Removing a child from the child's home and family creates  1550
trauma for the child and damages familial bonds.  1551
       Except in cases of actual abuse, neglect, or endangerment,  1552
removing a child from the child's home exposes the child to  1553
greater risks in state care, including well-documented, vastly  1554
higher rates of lifelong harm from sexual assault, human  1555
trafficking, and drug use.  1556
       A growing number of educational and professional  1557
H. B. No. 693  Page 54
As Introduced
institutions wrongly train personnel of legal and child  1558
protection systems to treat as abuse a parent's choice to  1559
refrain from social, medical, or surgical procedures that affirm  1560
a child's feelings of incongruence with the child's biological  1561
sex.  1562
       A growing number of certification, licensing, and  1563
accreditation bodies for health care, legal, and social work  1564
professionals wrongly require adherence to the unquestioning and  1565
precipitous gender transition of children.  1566
       A growing number of individuals and organizations working  1567
with children in legal, educational, and health care settings  1568
act in ways that alienate children from the children's parents  1569
and families, and from the children's parents' and families'  1570
sincerely held convictions and religious beliefs.  1571
       Parental alienation is a well-documented cause of  1572
emotional distress and trauma in children, and is contrary to  1573
the best interest of the child.  1574
       It is contrary to sound policy and to the best interest of  1575
a child under the custody of the state to bar individuals from  1576
fostering or adopting children solely on the grounds of moral  1577
convictions and religious beliefs concerning sexuality and  1578
biological sex. Thousands of such families have been barred by  1579
states from fostering or adopting children, thus depriving  1580
children in desperate need of safe and loving homes.  1581
       Histories of trauma and abuse correlate strongly with  1582
dissociative beliefs. It is contrary to the best interest of a  1583
child victim in the custody of the state to limit foster care or  1584
adoptive placement to families who will reinforce a child's  1585
dissociation from the child's body.  1586
H. B. No. 693  Page 55
As Introduced
       No child should be reduced to the child's feelings about  1587
the child's body, but should be supported in addressing  1588
confusion and distress in a manner that does not harm the child.  1589
       Protecting a child's development, health, bodily  1590
integrity, and open future is of paramount importance and  1591
constitutes a legitimate state interest.  1592
       Raising a girl as a girl or a boy as a boy is never abuse.  1593
       Section 4. Sections 3129.10 to 3129.351 of the Revised  1594
Code, as enacted by this act, shall be known as the Affirming  1595
Families First Act.  1596