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OH HB527

Bill

Status

Introduced

2/26/2018

Primary Sponsor

Sarah LaTourette

Click for details

Origin

House of Representatives

132nd General Assembly (2017-2018)

AI Summary

  • Allows spouses, adult children, adult grandchildren, parents, adult siblings, or other interested persons to petition probate court for reasonable visitation with an incompetent or ward if visitation has been unreasonably interfered with or denied.

  • Creates a rebuttable presumption that visitation is in the best interest of the incompetent or ward, with the burden on others to prove by clear and convincing evidence that visitation would cause physical or financial harm.

  • Petition must include the petitioner's relationship to the incompetent or ward, evidence that visitation has been unreasonably interfered with or denied, and identity of persons blocking visitation, served by certified mail.

  • Probate court may impose reasonable restrictions on visits including time or frequency limitations and monitoring requirements before denying a petition.

  • Court may assess costs and attorney's fees against petitioners filing in bad faith or against parties unjustifiably interfering with visitation, but may not assess costs against the incompetent or ward subject to the petition.

Legislative Description

Petition probate court for visitation if denied

Courts and Civil Law

Last Action

Refer to Committee: Aging and Long Term Care

3/6/2018

Committee Referrals

Aging and Long Term Care3/6/2018

Full Bill Text

No bill text available