Text of Statute
(A) Notwithstanding section (B) An agency or attorney, whichever arranges a minor's adoption, shall file
with the court a preliminary estimate accounting not later than the time the
adoption petition for the minor is filed with the court. The agency or attorney,
whichever arranges the adoption, also shall file a final accounting with the
court before a final decree of adoption is issued or an interlocutory order of
adoption is finalized for the minor. The agency or attorney shall complete and
file accountings in a manner acceptable to the court.
An accounting shall specify all disbursements of anything of value the
petitioner, a person on the petitioner's behalf, and the agency or attorney made
and has agreed to make in connection with the minor's permanent surrender under
division (B) of section The agency or attorney shall include with a preliminary estimate accounting
and a final accounting a written statement signed by the petitioner that the
petitioner has reviewed the accounting and attests to its accuracy.
(C) No petitioner, person acting on a petitioner's behalf, or agency or
attorney shall make or agree to make any disbursements in connection with the
minor's permanent surrender, placement, or adoption other than for the
following:
(1) Physician expenses incurred on behalf of the birth mother or minor in
connection with prenatal care, delivery, and confinement prior to or following
the minor's birth;
(2) Hospital or other medical facility expenses incurred on behalf of the
birth mother or minor in connection with the minor's birth;
(3) Expenses charged by the attorney arranging the adoption for providing
legal services in connection with the placement and adoption, including expenses
incurred by the attorney pursuant to sections 3107.031 [3107.03.1], 3107.081
[3107.08.1], 3107.082 [3107.08.2], 3107.09, and 3107.12 of the Revised Code;
(4) Expenses charged by the agency arranging the adoption for providing
services in connection with the permanent surrender and adoption, including the
agency's application fee and the expenses incurred by the agency pursuant to
sections 3107.031 [3107.03.1], 3107.09, 3107.12, 5103.151 [5103.15.1], and
5103.152 [5103.15.2] of the Revised Code;
(5) Temporary costs of routine maintenance and medical care for a minor
required under section 5103.16 of the Revised Code if the person seeking to
adopt the minor refuses to accept placement of the minor;
(6) Guardian ad litem fees incurred on behalf of the minor in any court
proceedings;
(7) Foster care expenses incurred in connection with any temporary care and
maintenance of the minor;
(8) Court expenses incurred in connection with the minor's permanent
surrender, placement, and adoption.
(D) If a court determines from an accounting that an amount that is going to
be disbursed for an expense listed in division (C) of this section is
unreasonable, the court may order a reduction in the amount to be disbursed. If
a court determines from an accounting that an unreasonable amount was disbursed
for an expense listed in division (C) of this section, the court may order the
person who received the disbursement to refund to the person who made the
disbursement an amount the court orders.
If a court determines from an accounting that a disbursement for an expense
not permitted by division (C) of this section is going to be made, the court may
issue an injunction prohibiting the disbursement. If a court determines from an
accounting that a disbursement for an expense not permitted by division (C) of
this section was made, the court may order the person who received the
disbursement to return it to the person who made the disbursement.
If a court determines that a final accounting does not completely report all
the disbursements that are going to be made or have been made in connection with
the minor's permanent surrender, placement, and adoption, the court shall order
the agency or attorney to file with the court an accounting that completely
reports all such disbursements.
The agency or attorney shall file the final accounting with the court not
later than ten days prior to the date scheduled for the final hearing on the
adoption. The court may not issue a final decree of adoption or finalize an
interlocutory order of adoption of a minor until at least ten days after the
agency or attorney files the final accounting.
(E) At the conclusion of each adoption proceeding, the court shall prepare a
summary of the proceeding, and on or before the tenth day of each month, send
copies of the summaries for all proceedings concluded during the preceding
calendar month to the department of job and family services. The summary shall
contain:
(1) A notation of the nature and approximate value or amount of anything paid
in connection with the proceeding, compiled from the final accounting required
by division (B) of this section and indicating the category of division (C) of
this section to which any payment relates;
(2) If the court has not issued a decree because of the requirements of
division (D) of this section, a notation of that fact and a statement of the
reason for refusing to issue the decree, related to the financial data
summarized under division (E)(1) of this section;
(3) If the adoption was arranged by an attorney, a notation of that fact.
The summary shall contain no information identifying by name any party to the
proceeding or any other person, but may contain additional narrative material
that the court considers useful to an analysis of the summary.
(F) This section does not apply to an adoption by a stepparent whose spouse
is a biological or adoptive parent of the minor.
HISTORY: 136 v H 156 (Eff 1-1-77); 137 v H 832 (Eff 3-13-79); 141 v H 428
(Eff 12-23-86); 146 v H 419 (Eff 9-18-96); 146 v H 274 (Eff 9-18-96); 148 v H
471. Eff 7-1-2000.
The effective date is set by section 12(A) of HB 471.
© Copyright 2000
Containing legislation passed and filed through August 1, 2000.