Ohio Code 5103.17 – Advertising or inducements as to adoption or foster home placement
(A) As used in this section:
Terms Used In Ohio Code 5103.17
- anything of value: includes :
(A) Money, bank bills or notes, United States treasury notes, and other bills, bonds, or notes issued by lawful authority and intended to pass and circulate as money;
(B) Goods and chattels;
(C) Promissory notes, bills of exchange, orders, drafts, warrants, checks, or bonds given for the payment of money;
(D) Receipts given for the payment of money or other property;
(E) Rights in action;
(F) Things which savor of the realty and are, at the time they are taken, a part of the freehold, whether they are of the substance or produce thereof or affixed thereto, although there may be no interval between the severing and taking away;
(G) Any interest in realty, including fee simple and partial interests, present and future, contingent or vested interests, beneficial interests, leasehold interests, and any other interest in realty;
(H) Any promise of future employment;
(I) Every other thing of value. See Ohio Code 1.03
- Child: includes child by adoption. See Ohio Code 1.59
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Probate: Proving a will
(1) “Advertise” means a method of communication that is electronic, written, visual, or oral and made by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone, or otherwise.
(2) “Qualified adoptive parent” means a person who is eligible to adopt a child under section 3107.03 of the Revised Code and for whom an assessor has conducted a home study to determine whether the person is suitable to adopt a child, if required by section 3107.031 of the Revised Code.
(B) Subject to section 5103.16 of the Revised Code and to division (C), (D), or (E) of this section, no person or government entity, other than a private child placing agency or private noncustodial agency certified by the department of job and family services under section 5103.03 of the Revised Code or a public children services agency, shall advertise that the person or government entity will adopt children or place them in foster homes, hold out inducements to parents to part with their offspring or in any manner knowingly become a party to the separation of a child from the child’s parents or guardians, except through a juvenile court or probate court commitment.
(C) The biological parent of a child may advertise the availability for placement of the parent’s child for adoption to a qualified adoptive parent.
(D) A qualified adoptive parent may advertise that the qualified adoptive parent is available for placement of a child into the qualified adoptive parent’s care for the purpose of adopting the child.
(E) A government entity may advertise about its role in the placement of children for adoption or any other information that would be relevant to qualified adoptive parents.
(F) Except as provided in section 3107.055 of the Revised Code, the following apply:
(1) No person shall offer money or anything of value in exchange for placement of a child for adoption.
(2) No biological parent may request money or anything of value in exchange for placement for adoption of the parent’s child with a qualified adoptive parent.
(G) If the department of job and family services has reasonable cause to believe a violation of this section has been committed, the department shall notify the attorney general or the county prosecutor, city attorney, village solicitor, or other chief legal officer of the political subdivision in which the violation has allegedly occurred. On receipt of the notification, the attorney general, county prosecutor, city attorney, village solicitor, or other chief legal officer shall take action to enforce this section through injunctive relief or criminal charge.
Last updated September 28, 2023 at 10:48 AM