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HB 865

Regards information on and advertisement of adoptable children

136th Legislature (2025-2026) Introduced by Ty Mathews and 1 co-sponsor

HB 865 centralizes and restricts adoption profiles to qualified parents via a password-protected It Takes Heart database, while standardizing info access and annual reporting.

Reported - Amended
#adoption #juvenileandfamilylaw
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Bill Summary · HB 865

Summary of HB 865 (Ohio, 136th General Assembly)

Purpose and intent

HB 865 aims to reform how information about adoptable children is advertised and made available, how prospective adoptive parents access adoption-related information, and how data about adoptions and available children is reported. The bill seeks to centralize and restrict access to child-availability profiles to qualified adoptive parents, improve online resources, and establish clearer reporting requirements for public children services agencies and the Department of Children and Youth (DCY).

Key provisions

  • Adoption information requests (Sec. 3107.018)

    • Public Children Services Agencies (PCSAs) must respond to requests for adoption information or adoption applications within three business days.

  • Agency web site requirements (Sec. 3107.019)

    • Each PCSA website must include:
    • Links to:
      • The most recent Ohio Adoption Guide (DCY)
      • The DCY’s It Takes Heart site (or successor)
      • AdoptUSKids (or successor)
    • Contact information for staff who oversee adoption
    • A general description of adoption processes and procedures prepared by DCY
    • DCY must prepare the general description for use by PCSAs.

  • Advertising limitations and definitions (Sec. 5103.17)

    • Defines key terms:
    • “Advertise” includes any electronic, print, visual, or oral means.
    • “Qualified adoptive parent” is someone eligible to adopt and who has had a home study (if required).
    • Prohibitions on advertising to place or adopt out of a child (except through juvenile/probate court commitments) by anyone other than:
    • A certified private child placing agency
    • A certified private noncustodial agency
    • A public children services agency
    • Exceptions:
    • Biological parents may advertise availability of their child for adoption.
    • Qualified adoptive parents may advertise their availability to adopt.
    • Government entities may advertise their role in the placement process or provide relevant information to qualified adoptive parents.
    • Prohibits payment for placement and prohibits biological parents from requesting payment for placement, with exceptions per other provisions.
    • DCY must notify appropriate legal authorities if there is a reasonable belief of a violation, triggering enforcement actions.

  • Centralized, password-protected adoption profiles (Sec. 5103.171)

    • DCY must maintain a centralized database on the It Takes Heart site with profiles of children available for placement with qualified adoptive parents. Access is restricted to password-protected accounts for qualified adoptive parents.
    • A qualified adoptive parent may not create an account until completing required training and having an approved, unexpired home study; accounts suspend when the home study or training expires and require updated documentation to reactivate.
    • DCY must keep verification of training and home study and share documentation with recommending agencies or attorneys upon request.
    • Profiles must be removed upon the child turning 18 or upon adoption/permanent placement.
    • Only It Takes Heart (or successor) may publish profiles of children available to qualified adoptive parents; profiles created by PCSAs, private agencies, or attorneys must be submitted to the It Takes Heart database.
    • Profile content limitations:
    • Use headshots only; no personally identifiable information (PII) or school/activity logos.
    • No medical, mental, physical, disability, behavioral, or substance-use information.
    • Children may provide input on profile content and consent to included information.
    • Agencies/attorneys must submit profiles to It Takes Heart.

  • Rules and implementation (Sec. 5103.171(C))

    • DCY director may adopt implementing rules under Ohio’s rulemaking process.

  • Statewide reporting on adoptions and grants (Sec. 5180.23)

    • PCSAs must annually report:
    • Total adoptions in the prior calendar year
    • Total children available for adoption
    • Ages of children available for adoption
    • Total Ohio adoption grants awarded (by one-time grant amounts as defined in existing grant sections)
    • DCY must compile a report for the General Assembly by February 14 each year, including:
    • The above adoption and availability data
    • County-level availability data
    • Age breakdown as a percentage of available children
    • Grant data by amount and category
    • Data shall not be published for groups fewer than ten children (to protect privacy).

Who is affected

  • Public Children Services Agencies (PCSAs) and private child placing agencies
  • Private noncustodial agencies
  • Attorneys representing adoption matters
  • Prospective adoptive parents (qualified adoptive parents)
  • Biological parents seeking to place a child
  • Ohio Department of Children and Youth (DCY)
  • General Assembly (receives annual reports)

Procedural and timeline aspects

  • Agencies must reply to adoption information requests within 3 business days.
  • DCY and PCSAs must implement new online resource links and adopt rules to operationalize centralized profiles.
  • The It Takes Heart site becomes the sole publisher of profiles for qualified adoptive parents; other entities submit profiles to that database.
  • Profiles are restricted to non-PII and must be reviewed for age and adoption status (updates required when status changes).
  • Annual reporting to the General Assembly is required by February 14 each year, with privacy safeguards for small data sets (fewer than ten children).

Potential impact

  • Improves speed and consistency of adoption information access.
  • Centralizes and restricts access to child profiles to protect privacy while enabling qualified adoptive parents to view available profiles.
  • Increases transparency through annual reporting on adoptions and funding, with safeguards to prevent the disclosure of very small data sets.
  • Reduces potential conflicts around advertising placements for adoptions by clarifying permissible advertising and prohibitions on improper inducements.

Compiled from official sources — confirm details with the bill’s official record.

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