Tyler Harmon
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH
43215
O: 614-466-8134
Outlook
RE: Guardianship Bill
From Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Date Tue 9/16/2025 9:51 AM
To Ray Lautenschlager <ma5hie@hotmail.com>; David Kahle <poundcake301@gmail.com>
1 attachment (89 KB)
l_136_1941.pdf;
David and Ray,
Please see the attached draft and the accompanying message from LSC below:
Attached is the bill you requested, l_136_1941, to enact the Parker Kahle Act regarding custody or
visitation orders for an adult child with a disability while a guardianship proceeding is pending. As
requested, we have drafted the language as submitted but have made technical changes to be
consistent with language used in the Revised Code.
I want to highlight a couple of potential issues with the substance of the bill for your consideration:
R.C. 3109.044(C) of the bill prohibits the modification of any custody or visitation orders until
the probate court issues a final order to appoint a guardian for the adult child with a disability.
The bill does not provide for any exception for a parent who receives an order for active military
service (R.C. 3109.04(I) and 3109.051(M)) or another change in circumstances that makes
modification necessary for the child’s best interest.
R.C. 3109.044(E) of the bill describes how costs for the guardian ad litem are to be allocated
between the parties and implicitly requires that the parties pay a deposit to cover the
anticipated costs of a guardian ad litem. However, please note that it appears that not all Ohio
courts currently require a deposit for a guardian ad litem.
Thank you,
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1 of 6 9/16/2025, 11:47 AM
From: Ray Lautenschlager <ma5hie@hotmail.com>
Sent: Thursday, September 4, 2025 1:49 PM
To: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>; David Kahle <poundcake301@gmail.com>
Cc: McCarthy, Jordan <Jordan.McCarthy@ohiohouse.gov>
Subject: Re: Guardianship Bill
I answered the first part of this this morning.
Probate does not issue custody orders. That jurisdic6on is with the Juvenile and Domes6c Rela6ons
courts.
This bill covers the gap that occurs when a disabled minor turns 18. It also allows the parents to file
before the disabled minor turns 18.
No changes are needed in ORC 3109, and this is procedural.
I have Bird working on a sibling rights bill that LSC is dragging its feet on. That is a 2-page bill that was
clustered into 58 pages of nonsense.
Bird is interested in this bill also.
Both Bird and Schmidt have said that they would submit the full bill. I have a;ached it. I have heard
and seen nothing from either on that.
Don't even get me started on that Senate bill.
From: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Sent: Thursday, September 4, 2025 11:35 AM
To: Ray Lautenschlager <ma5hie@hotmail.com>; David Kahle <poundcake301@gmail.com>
Cc: McCarthy, Jordan <Jordan.McCarthy@ohiohouse.gov>
Subject: RE: Guardianship Bill
Ray,
LSC is asking if there needs to be an exception to “(B) All current custody and visitation orders for
said child shall remain in effect until the final orders are issued on guardianship for said child.” Should
a military member take on active duty orders, then a current custody order may need to be modified
to accommodate. LSC is saying that this as written, may not allow for any change in those
circumstances until the final order is given. Do we want to allow that exception? If not, that is fine for
drafting purposes. The language as submitted says that a probate court can provide a final decision
on permanent guardianship (the whole reason for the bill). Without that exception, original orders
from the original jurisdiction cannot be changed. It does not appear LSC is trying to make changes to
the military sections.
In addition, it was my understanding that you wanted our office to submit the bill. If Rep. Bird has
done that already, then we can look at potentially joining them on the bill. However, one office should
be the lead on working through changes with LSC. I do not know what full custody bill you are
speaking of, unless it pertains to the equal parenting bill that was introduced in the Senate. Perhaps
that was through a different office?
Thank you,
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2 of 6 9/16/2025, 11:47 AM
Sent: Thursday, September 4, 2025 1:49 PM
To: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>; David Kahle <poundcake301@gmail.com>
Cc: McCarthy, Jordan <Jordan.McCarthy@ohiohouse.gov>
Subject: Re: Guardianship Bill
I answered the first part of this this morning.
Probate does not issue custody orders. That jurisdic6on is with the Juvenile and Domes6c Rela6ons
courts.
This bill covers the gap that occurs when a disabled minor turns 18. It also allows the parents to file
before the disabled minor turns 18.
No changes are needed in ORC 3109, and this is procedural.
I have Bird working on a sibling rights bill that LSC is dragging its feet on. That is a 2-page bill that was
clustered into 58 pages of nonsense.
Bird is interested in this bill also.
Both Bird and Schmidt have said that they would submit the full bill. I have a;ached it. I have heard
and seen nothing from either on that.
Don't even get me started on that Senate bill.
From: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Sent: Thursday, September 4, 2025 11:35 AM
To: Ray Lautenschlager <ma5hie@hotmail.com>; David Kahle <poundcake301@gmail.com>
Cc: McCarthy, Jordan <Jordan.McCarthy@ohiohouse.gov>
Subject: RE: Guardianship Bill
Ray,
LSC is asking if there needs to be an exception to “(B) All current custody and visitation orders for
said child shall remain in effect until the final orders are issued on guardianship for said child.” Should
a military member take on active duty orders, then a current custody order may need to be modified
to accommodate. LSC is saying that this as written, may not allow for any change in those
circumstances until the final order is given. Do we want to allow that exception? If not, that is fine for
drafting purposes. The language as submitted says that a probate court can provide a final decision
on permanent guardianship (the whole reason for the bill). Without that exception, original orders
from the original jurisdiction cannot be changed. It does not appear LSC is trying to make changes to
the military sections.
In addition, it was my understanding that you wanted our office to submit the bill. If Rep. Bird has
done that already, then we can look at potentially joining them on the bill. However, one office should
be the lead on working through changes with LSC. I do not know what full custody bill you are
speaking of, unless it pertains to the equal parenting bill that was introduced in the Senate. Perhaps
that was through a different office?
Thank you,
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2 of 6 9/16/2025, 11:47 AM
Tyler Harmon
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH
43215
O: 614-466-8134
From: Ray Lautenschlager <ma5hie@hotmail.com>
Sent: Thursday, September 4, 2025 11:14 AM
To: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>; David Kahle <poundcake301@gmail.com>
Cc: McCarthy, Jordan <Jordan.McCarthy@ohiohouse.gov>
Subject: Re: Guardianship Bill
Incorrect understanding of this bill and Ohio law and procedures, as currently wri;en.
Probate Courts do NOT issue custody orders in Juvenile or Domes6c Rela6ons cases.
No changes are needed to 3109.04 or the military sec6ons.
Rep. Bird has supposedly submi;ed the same bill as well, and the full custody bill that Rep. Schmidt
was supposed to send to LSC much earlier this year. I am including Bird's aid in this conversa6on, and
I would like to find out what is going on with the full custody bill.
Please Advise.
Ray Lautenschlager
Ohio Family Rights
From: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Sent: Thursday, September 4, 2025 9:26 AM
To: Ray Lautenschlager <ma5hie@hotmail.com>; David Kahle <poundcake301@gmail.com>
Subject: RE: Guardianship Bill
Additional question: understanding of division (B) of the provided language is that the modification
of any custody or visitation orders is prohibited until the probate court issues a final order to
appoint a guardian to the adult child with a disability. Are there any exceptions to this, e.g., for a
parent who receives an order for active military service (R.C. 3109.04(I) and 3109.051(M)) or change
of circumstances that makes modification necessary for the child’s best interest?
Thank you,
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3 of 6 9/16/2025, 11:47 AM
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH
43215
O: 614-466-8134
From: Ray Lautenschlager <ma5hie@hotmail.com>
Sent: Thursday, September 4, 2025 11:14 AM
To: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>; David Kahle <poundcake301@gmail.com>
Cc: McCarthy, Jordan <Jordan.McCarthy@ohiohouse.gov>
Subject: Re: Guardianship Bill
Incorrect understanding of this bill and Ohio law and procedures, as currently wri;en.
Probate Courts do NOT issue custody orders in Juvenile or Domes6c Rela6ons cases.
No changes are needed to 3109.04 or the military sec6ons.
Rep. Bird has supposedly submi;ed the same bill as well, and the full custody bill that Rep. Schmidt
was supposed to send to LSC much earlier this year. I am including Bird's aid in this conversa6on, and
I would like to find out what is going on with the full custody bill.
Please Advise.
Ray Lautenschlager
Ohio Family Rights
From: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Sent: Thursday, September 4, 2025 9:26 AM
To: Ray Lautenschlager <ma5hie@hotmail.com>; David Kahle <poundcake301@gmail.com>
Subject: RE: Guardianship Bill
Additional question: understanding of division (B) of the provided language is that the modification
of any custody or visitation orders is prohibited until the probate court issues a final order to
appoint a guardian to the adult child with a disability. Are there any exceptions to this, e.g., for a
parent who receives an order for active military service (R.C. 3109.04(I) and 3109.051(M)) or change
of circumstances that makes modification necessary for the child’s best interest?
Thank you,
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3 of 6 9/16/2025, 11:47 AM
Tyler Harmon
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH 43215
O: 614-466-8134
From: Ray Lautenschlager <ma5hie@hotmail.com>
Sent: Wednesday, September 3, 2025 11:32 PM
To: David Kahle <poundcake301@gmail.com>; Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Subject: Re: Guardianship Bill
Tyler,
To answer LSC's ques6ons:
#1 - GAL provisions are for this bill only. No modifica6ons to 3109 are needed or required.
#2 - No modifica6on of the fee assignments is needed for this sec6on. LSC's presump6on that payment
plans are required and that one party does not unnecessarily run the bill up is false.
No modifica6ons to the proposed bill are needed. All we need are the LSC numbers so this can be
introduced.
Representa6ve Schimdt is not the only one wai6ng for this to clear LSC; there are several others.
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4 of 6 9/16/2025, 11:47 AM
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH 43215
O: 614-466-8134
From: Ray Lautenschlager <ma5hie@hotmail.com>
Sent: Wednesday, September 3, 2025 11:32 PM
To: David Kahle <poundcake301@gmail.com>; Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>
Subject: Re: Guardianship Bill
Tyler,
To answer LSC's ques6ons:
#1 - GAL provisions are for this bill only. No modifica6ons to 3109 are needed or required.
#2 - No modifica6on of the fee assignments is needed for this sec6on. LSC's presump6on that payment
plans are required and that one party does not unnecessarily run the bill up is false.
No modifica6ons to the proposed bill are needed. All we need are the LSC numbers so this can be
introduced.
Representa6ve Schimdt is not the only one wai6ng for this to clear LSC; there are several others.
Firefox https://outlook.live.com/mail/0/inbox/id/AAkALgAAAAAAHYQDE...
4 of 6 9/16/2025, 11:47 AM
Ray Lautenschlager
Ohio Family Rights
Legisla6ve Director
From: David Kahle <poundcake301@gmail.com>
Sent: Wednesday, September 3, 2025 7:59 PM
To: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>; Ray Lautenschlager <ma5hie@hotmail.com>
Subject: Re: Guardianship Bill
Tyler,
I am going to refer these questions to the author of the bill Ray Lautenschlager with Ohio Family
Rights to answer for you.
Thank You for your attention to this matter.
David Kahle
On Wed, Sep 3, 2025 at 12:42 PM Harmon, Tyler <Tyler.Harmon@ohiohouse.gov> wrote:
David,
We have a couple of questions from the legislative drafters that I am hoping you can help with.
Please see below:
1. Are the guardian ad litem provisions (division (C)) intended to apply to any GAL
appointed under R.C. Chapter 3109 or only to GALs appointed for purposes of the
bill?
2. Re: capped costs for GAL deposit, not all courts require a deposit and may use
installation payments instead. Is it okay to simply refer to an “an amount determined
by the court”?
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5 of 6 9/16/2025, 11:47 AM
Ohio Family Rights
Legisla6ve Director
From: David Kahle <poundcake301@gmail.com>
Sent: Wednesday, September 3, 2025 7:59 PM
To: Harmon, Tyler <Tyler.Harmon@ohiohouse.gov>; Ray Lautenschlager <ma5hie@hotmail.com>
Subject: Re: Guardianship Bill
Tyler,
I am going to refer these questions to the author of the bill Ray Lautenschlager with Ohio Family
Rights to answer for you.
Thank You for your attention to this matter.
David Kahle
On Wed, Sep 3, 2025 at 12:42 PM Harmon, Tyler <Tyler.Harmon@ohiohouse.gov> wrote:
David,
We have a couple of questions from the legislative drafters that I am hoping you can help with.
Please see below:
1. Are the guardian ad litem provisions (division (C)) intended to apply to any GAL
appointed under R.C. Chapter 3109 or only to GALs appointed for purposes of the
bill?
2. Re: capped costs for GAL deposit, not all courts require a deposit and may use
installation payments instead. Is it okay to simply refer to an “an amount determined
by the court”?
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5 of 6 9/16/2025, 11:47 AM
Tyler Harmon
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH 43215
O: 614-466-8134
Thank you,
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6 of 6 9/16/2025, 11:47 AM
Legislative Aide
State Representative Jean Schmidt
77 S. High Street | 12th Floor | Columbus, OH 43215
O: 614-466-8134
Thank you,
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6 of 6 9/16/2025, 11:47 AM