Available for Immediate Release

Updated 4-02

Reform Bill Changes Adoption Law in Ohio

A law which became effective in March 1996 (House Bill 419) changed the way adoptions are handled in this state.  Two significant changes have to do with:  1) decreasing the amount of time a child must wait for an adoptive home, and 2) providing information about adopted children.

Q.:  How have these changes helped to decrease the amount of time a child waits for adoption?
A.:  Before the new law went into effect, courts often found a child to be "dependent" on the state, but did not explain the reason.  Since the reason was unclear, extra time had to be spent in finding appropriate placements for children.  Now, if a court finds the child to be dependent, the court must give a reason.

An agency once had to wait six months to file a motion for permanent custody of a dependent, abused, neglected, unruly or delinquent child who had been in its temporary custody.  Since House Bill 419 was signed into law, the agency no longer has to wait six months, but may file at any time.  Since an agency must have permanent custody of a child before that child can be placed for adoption, the total time spent waiting for adoption can be decreased.

Juvenile courts must now decide how to deal with motions for  permanent custody and record their decisions within 200 days of the time the motions were filed.  Before, there was no requirement for permanent custody matters to be heard in court within a certain time frame.

A six-month waiting period is required before an adoption can be finalized.  Now, if a child is being adopted by a foster parent or relative with whom he or she has already been living, then the time the child has spent in foster care applies toward the six-month waiting period.

Q.:  Who is allowed to have adoption information?
A.:  House Bill 419 allows the adoptee, adoptive parents, and the birth parents to receive "non-identifying" information from an agency, probate court, or an attorney.  (Non-identifying information might include a first name and some background or medical details, but would not include a last name, address, phone number, or Social Security number). 

Also, agencies and attorneys are now permitted to review their own adoption files for administrative purposes, without having to obtain a court order.

At the time a child is surrendered for adoption, the birth parent may complete a form developed by Human Services to allow identifying information to be released to the adoptive child.  This information is kept at the Health Department, and the birth parent may file a form  as often as she wishes stating whether or not identifying information should be released to the child.

The Health Department may now help a birth parent to find an adopted child after that adoptee has reached 25 years of age if the child asks the Health Department to assist the birth parent.

Birth parents who have had their parental rights terminated by a juvenile court because of abuse or neglect may not receive identifying information about a birth child through the Health Department. 

Law You Can Use is a weekly consumer legal information column provided as a public service of the lawyers of Ohio.  This article was prepared by Thomas N. Taneff, a Columbus attorney who concentrates on adoption law and has served on the Ohio Adoption Commission.  It was distributed in cooperation with your local bar association. 

Articles appearing in this column are intended to provide broad, general information about the law.  Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.