As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 484 5
1997-1998 6
REPRESENTATIVES SCHURING-JACOBSON-CATES-COLONNA-TAYLOR- 7
PRENTISS-MOTTLEY-BOYD-FORD-VESPER 8
10
A B I L L
To amend sections 2151.353, 2151.415, and 2151.417 12
and to enact section 2151.42 of the Revised Code 13
to require a court to consider whether it is in 14
the best interests of a child to remain in the 15
custody or care of the child's grandparents when
determining whether an abused, neglected, or 16
dependent child should be returned to the custody 17
of the child's parents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2151.353, 2151.415, and 2151.417 21
be amended and section 2151.42 of the Revised Code be enacted to 22
read as follows: 23
Sec. 2151.353. (A) If a child is adjudicated an abused, 32
neglected, or dependent child, the court may make any of the 33
following orders of disposition: 34
(1) Place the child in protective supervision; 36
(2) Commit the child to the temporary custody of a public 38
children services agency, a private child placing agency, either 39
parent, a relative residing within or outside the state, or a 40
probation officer for placement in a certified family foster home 42
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 44
to any other person who, prior to the dispositional hearing, 45
files a motion requesting legal custody of the child; 46
(4) Commit the child to the permanent custody of a public 48
2
children services agency or private child placing agency, if the 49
court determines in accordance with division (E) of section 50
2151.414 of the Revised Code that the child cannot be placed with 51
one of the child's parents within a reasonable time or should not 52
be placed with either parent and determines in accordance with 53
division (D) of section 2151.414 of the Revised Code that the 54
permanent commitment is in the best interest of the child. If 55
the court grants permanent custody under this division, the 56
court, upon the request of any party, shall file a written 57
opinion setting forth its findings of fact and conclusions of law 58
in relation to the proceeding. 59
(5) Place the child in long-term family foster care with a 61
public children services agency or private child placing agency, 62
if a public children services agency or private child placing 63
agency requests the court to place the child in long-term family 64
foster care and if the court finds, by clear and convincing 65
evidence, that long-term foster care is in the best interest of 66
the child and that one of the following exists: 67
(a) The child, because of physical, mental, or 69
psychological problems or needs, is unable to function in a 70
family-like setting and must remain in residential or 71
institutional care; 72
(b) The parents of the child have significant physical, 74
mental, or psychological problems and are unable to care for the 75
child because of those problems, adoption is not in the best 76
interest of the child, as determined in accordance with division 77
(D) of section 2151.414 of the Revised Code, and the child 78
retains a significant and positive relationship with a parent or 79
relative;
(c) The child is sixteen years of age or older, has been 81
counseled on the permanent placement options available to the 82
child, is unwilling to accept or unable to adapt to a permanent 83
placement, and is in an agency program preparing the child for 84
independent living.
3
(6) Order the removal from the child's home until further 87
order of the court of the person who committed abuse as described 88
in section 2151.031 of the Revised Code against the child, who 89
caused or allowed the child to suffer neglect as described in 90
section 2151.03 of the Revised Code, or who is the parent, 91
guardian, or custodian of a child who is adjudicated a dependent 92
child and order any person not to have contact with the child or 93
the child's siblings. 94
(B) No order for permanent custody or temporary custody of 96
a child or the placement of a child in long-term foster care 97
shall be made pursuant to this section unless the complaint 98
alleging the abuse, neglect, or dependency contains a prayer 99
requesting permanent custody, temporary custody, or the placement 100
of the child in long-term foster care as desired, the summons 101
served on the parents of the child contains as is appropriate a 102
full explanation that the granting of an order for permanent 103
custody permanently divests them of their parental rights, a full 104
explanation that an adjudication that the child is an abused, 105
neglected, or dependent child may result in an order of temporary 106
custody that will cause the removal of the child from their legal 107
custody until the court terminates the order of temporary custody 108
or permanently divests the parents of their parental rights, or a 109
full explanation that the granting of an order for long-term 110
foster care will result in the removal of the child from their 111
legal custody if any of the conditions listed in divisions 112
(A)(5)(a) to (c) of this section are found to exist, and the 113
summons served on the parents contains a full explanation of 114
their right to be represented by counsel and to have counsel 115
appointed pursuant to Chapter 120. of the Revised Code if they 116
are indigent. 117
If after making disposition as authorized by division 119
(A)(2) of this section, a motion is filed that requests permanent 120
custody of the child, the court may grant permanent custody of 121
the child to the movant in accordance with section 2151.414 of 122
4
the Revised Code. 123
(C) If the court issues an order for protective 125
supervision pursuant to division (A)(1) of this section, the 126
court may place any reasonable restrictions upon the child, the 127
child's parents, guardian, or custodian, or any other person, 128
including, but not limited to, any of the following: 129
(1) Order a party, within forty-eight hours after the 131
issuance of the order, to vacate the child's home indefinitely or 132
for a specified period of time; 133
(2) Order a party, a parent of the child, or a physical 135
custodian of the child to prevent any particular person from 136
having contact with the child; 137
(3) Issue an order restraining or otherwise controlling 139
the conduct of any person which conduct would not be in the best 140
interest of the child. 141
(D) As part of its dispositional order, the court shall 143
journalize a case plan for the child. The journalized case plan 144
shall not be changed except as provided in section 2151.412 of 145
the Revised Code. 146
(E)(1) The court shall retain jurisdiction over any child 148
for whom the court issues an order of disposition pursuant to 149
division (A) of this section or pursuant to section 2151.414 or 150
2151.415 of the Revised Code until the child attains the age of 151
eighteen if the child is not mentally retarded, developmentally 153
disabled, or physically impaired, the child attains the age of 154
twenty-one if the child is mentally retarded, developmentally 155
disabled, or physically impaired, or the child is adopted and a 156
final decree of adoption is issued, except that the court may 157
retain jurisdiction over the child and continue any order of 158
disposition under division (A) of this section or under section 159
2151.414 or 2151.415 of the Revised Code for a specified period 160
of time to enable the child to graduate from high school or 161
vocational school. The court shall make an entry continuing its 162
jurisdiction under this division in the journal. 163
5
(2) Any public children services agency, any private child 165
placing agency, the department of human services, or any party, 166
other than any parent whose parental rights with respect to the 167
child have been terminated pursuant to an order issued under 168
division (A)(4) of this section, by filing a motion with the 169
court, may at any time request the court to modify or terminate 170
any order of disposition issued pursuant to division (A) of this 171
section or section 2151.414 or 2151.415 of the Revised Code. The 172
court shall hold a hearing upon the motion as if the hearing were 173
the original dispositional hearing and shall give all parties to 174
the action and the guardian ad litem notice of the hearing 175
pursuant to the Juvenile Rules. IF APPLICABLE, THE COURT SHALL 176
COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 177
(F) Any temporary custody order issued pursuant to 179
division (A) of this section shall terminate one year after the 180
earlier of the date on which the complaint in the case was filed 181
or the child was first placed into shelter care, except that, 182
upon the filing of a motion pursuant to section 2151.415 of the 183
Revised Code, the temporary custody order shall continue and not 184
terminate until the court issues a dispositional order under that 185
section. 186
(G)(1) No later than one year after the earlier of the 188
date the complaint in the case was filed or the child was first 189
placed in shelter care, a party may ask the court to extend an 190
order for protective supervision for six months or to terminate 191
the order. A party requesting extension or termination of the 192
order shall file a written request for the extension or
termination with the court and give notice of the proposed 193
extension or termination in writing before the end of the day 194
after the day of filing it to all parties and the child's 195
guardian ad litem. If a public children services agency or 196
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 197
facts supporting termination of the order at the time it files 198
6
the request with the court. If no party requests extension or 199
termination of the order, the court shall notify the parties that 200
the court will extend the order for six months or terminate it 201
and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall 202
have seven days from the date a notice is sent pursuant to this 203
division to object to and request a hearing on the proposed 204
extension or termination.
(a) If it receives a timely request for a hearing, the 206
court shall schedule a hearing to be held no later than thirty 207
days after the request is received by the court. The court shall 208
give notice of the date, time, and location of the hearing to all 209
parties and the guardian ad litem. At the hearing, the court 210
shall determine whether extension or termination of the order is 211
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 212
is in the child's best interest, the court shall extend the order 213
for six months. IN DETERMINING WHETHER TERMINATION OR EXTENSION 214
IS IN THE CHILD'S BEST INTEREST, THE COURT SHALL COMPLY WITH 215
SECTION 2151.42 OF THE REVISED CODE.
(b) If it does not receive a timely request for a hearing, 217
the court may extend the order for six months or terminate it 218
without a hearing and shall journalize the order of extension or 219
termination not later than fourteen days after receiving the 220
request for extension or termination or after the date the court 221
notifies the parties that it will extend or terminate the order. 222
If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the 223
expiration of the applicable fourteen-day time period and give 224
notice of the date, time, and location of the hearing to all 225
parties and the child's guardian ad litem. At the hearing, the 226
court shall determine whether extension or termination of the 227
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 228
7
extension is in the child's best interest, the court shall issue 229
an order extending the order for protective supervision six 230
months. IN DETERMINING WHETHER TERMINATION OR EXTENSION IS IN 231
THE CHILD'S BEST INTEREST, THE COURT SHALL COMPLY WITH SECTION
2151.42 OF THE REVISED CODE. 232
(2) If the court grants an extension of the order for 234
protective supervision pursuant to division (G)(1) of this 235
section, a party may, prior to termination of the extension, file 236
with the court a request for an additional extension of six 237
months or for termination of the order. The court and the 238
parties shall comply with division (G)(1) of this section with 239
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 241
(G)(2) of this section, the court shall terminate the order for 242
protective supervision at the end of the extension. 243
(H) The court shall not issue a dispositional order 245
pursuant to division (A) of this section that removes a child 246
from the child's home unless the court makes the determination 248
required by section 2151.419 of the Revised Code and includes in
the dispositional order the finding of facts required by that 249
section.
(I) If a motion or application for an order described in 252
division (A)(6) of this section is made, the court shall not 253
issue the order unless, prior to the issuance of the order, it 254
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 256
(2) The grounds for the motion or application; 258
(3) An opportunity to present evidence and witnesses at a 260
hearing regarding the motion or application; 261
(4) An opportunity to be represented by counsel at the 263
hearing. 264
(J) The jurisdiction of the court shall terminate one year 267
after the date of the award or, if the court takes any further 268
action in the matter subsequent to the award, the date of the 269
8
latest further action subsequent to the award, if the court 270
awards legal custody of a child to either of the following: 271
(1) A legal custodian who, at the time of the award of 273
legal custody, resides in a county of this state other than the 274
county in which the court is located;
(2) A legal custodian who resides in the county in which 276
the court is located at the time of the award of legal custody, 277
but moves to a different county of this state prior to one year 278
after the date of the award or, if the court takes any further 279
action in the matter subsequent to the award, one year after the 280
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 282
resides then shall have jurisdiction in the matter. 283
Sec. 2151.415. (A) Any public children services agency or 292
private child placing agency that has been given temporary 293
custody of a child pursuant to section 2151.353 of the Revised 294
Code, not later than thirty days prior to the earlier of the date 295
for the termination of the custody order pursuant to division (F) 296
of section 2151.353 of the Revised Code or the date set at the 297
dispositional hearing for the hearing to be held pursuant to this 298
section, shall file a motion with the court that issued the order 299
of disposition requesting that any of the following orders of 300
disposition of the child be issued by the court: 301
(1) An order that the child be returned home and the 304
custody of the child's parents, guardian, or custodian without 305
any restrictions; 306
(2) An order for protective supervision; 308
(3) An order that the child be placed in the legal custody 310
of a relative or other interested individual; 311
(4) An order permanently terminating the parental rights 313
of the child's parents; 314
(5) An order that the child be placed in long-term foster 316
care; 317
(6) In accordance with division (D) of this section, an 319
9
order for the extension of temporary custody. 320
(B) Upon the filing of a motion pursuant to division (A) 322
of this section, the court shall hold a dispositional hearing on 323
the date set at the dispositional hearing held pursuant to 324
section 2151.35 of the Revised Code, with notice to all parties 325
to the action in accordance with the Juvenile Rules. After the 326
dispositional hearing or at a date after the dispositional 327
hearing that is not later than one year after the earlier of the 328
date on which the complaint in the case was filed or the child 329
was first placed into shelter care, the court, in accordance with 330
the best interest of the child as supported by the evidence 331
presented at the dispositional hearing, shall issue an order of 332
disposition as set forth in division (A) of this section, except 333
that all orders for permanent custody shall be made in accordance 334
with sections 2151.413 and 2151.414 of the Revised Code. IN 335
ISSUING AN ORDER OF DISPOSITION UNDER THIS SECTION, THE COURT 336
SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 337
(C)(1) If an agency pursuant to division (A) of this 339
section requests the court to place a child into long-term foster 340
care, the agency shall present evidence to indicate why long-term 341
foster care is appropriate for the child, including, but not 342
limited to, evidence that the agency has tried or considered all 343
other possible dispositions for the child. A court shall not 344
place a child in long-term foster care, unless it finds, by clear 345
and convincing evidence, that long-term foster care is in the 346
best interest of the child and that one of the following exists: 347
(a) The child, because of physical, mental, or 349
psychological problems or needs, is unable to function in a 350
family-like setting and must remain in residential or 351
institutional care; 352
(b) The parents of the child have significant physical, 354
mental, or psychological problems and are unable to care for the 355
child because of those problems, adoption is not in the best 356
interest of the child, as determined in accordance with division 357
10
(D) of section 2151.414 of the Revised Code, and the child 358
retains a significant and positive relationship with a parent or 359
relative; 360
(c) The child is sixteen years of age or older, has been 362
counseled on the permanent placement options available, is 363
unwilling to accept or unable to adapt to a permanent placement, 364
and is in an agency program preparing for independent living. 365
(2) If the court issues an order placing a child in 367
long-term foster care, both of the following apply: 368
(a) The court shall issue a finding of fact setting forth 370
the reasons for its finding; 371
(b) The agency may make any appropriate placement for the 373
child and shall develop a case plan for the child that is 374
designed to assist the child in finding a permanent home outside 375
of the home of the parents. 376
(D)(1) If an agency pursuant to division (A) of this 378
section requests the court to grant an extension of temporary 379
custody for a period of up to six months, the agency shall 380
include in the motion an explanation of the progress on the case 381
plan of the child and of its expectations of reunifying the child 382
with its THE CHILD'S family, or placing the child in a permanent 383
placement, within the extension period. The court shall schedule 385
a hearing on the motion, give notice of its date, time, and 386
location to all parties and the guardian ad litem of the child, 387
and at the hearing consider the evidence presented by the parties 388
and the guardian ad litem. The court may extend the temporary 389
custody order of the child for a period of up to six months, if 390
it determines at the hearing, by clear and convincing evidence, 391
that the extension is in the best interest of the child, there 392
has been significant progress on the case plan of the child, and 393
there is reasonable cause to believe that the child will be 394
reunified with one of the parents or otherwise permanently placed 396
within the period of extension. IN DETERMINING WHETHER TO EXTEND 397
THE TEMPORARY CUSTODY OF THE CHILD PURSUANT TO THIS DIVISION, THE 398
11
COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. If 399
the court extends the temporary custody of the child pursuant to 400
this division, upon request it shall issue findings of fact. 401
(2) Prior to the end of the extension granted pursuant to 403
division (D)(1) of this section, the agency that received the 404
extension shall file a motion with the court requesting the 405
issuance of one of the orders of disposition set forth in 406
divisions (A)(1) to (5) of this section or requesting the court 407
to extend the temporary custody order of the child for an 408
additional period of up to six months. If the agency requests 409
the issuance of an order of disposition under divisions (A)(1) to 410
(5) of this section or does not file any motion prior to the 411
expiration of the extension period, the court shall conduct a 412
hearing in accordance with division (B) of this section and issue 413
an appropriate order of disposition. 414
If the agency requests an additional extension of up to six 416
months of the temporary custody order of the child, the court 417
shall schedule and conduct a hearing in the manner set forth in 418
division (D)(1) of this section. The court may extend the 419
temporary custody order of the child for an additional period of 420
up to six months if it determines at the hearing, by clear and 421
convincing evidence, that the additional extension is in the best 422
interest of the child, there has been substantial additional 423
progress since the original extension of temporary custody in the 424
case plan of the child, there has been substantial additional 425
progress since the original extension of temporary custody toward 426
reunifying the child with one of the parents or otherwise 427
permanently placing the child, and there is reasonable cause to 428
believe that the child will be reunified with one of the parents 430
or otherwise placed in a permanent setting before the expiration 431
of the additional extension period. IN DETERMINING WHETHER TO 432
GRANT AN ADDITIONAL EXTENSION, THE COURT SHALL COMPLY WITH 433
SECTION 2151.42 OF THE REVISED CODE. If the court extends the 434
temporary custody of the child for an additional period pursuant 435
12
to this division, upon request it shall issue findings of fact. 436
(3) Prior to the end of the extension of a temporary 438
custody order granted pursuant to division (D)(2) of this 439
section, the agency that received the extension shall file a 440
motion with the court requesting the issuance of one of the 441
orders of disposition set forth in divisions (A)(1) to (5) of 442
this section. Upon the filing of the motion by the agency or, if 443
the agency does not file the motion prior to the expiration of 444
the extension period, upon its own motion, the court, prior to 445
the expiration of the extension period, shall conduct a hearing 446
in accordance with division (B) of this section and issue an 447
appropriate order of disposition. 448
(4) No court shall grant an agency more than two 450
extensions of temporary custody pursuant to division (D) of this 451
section. 452
(E) After the issuance of an order pursuant to division 454
(B) of this section, the court shall retain jurisdiction over the 455
child until the child attains the age of eighteen if the child is 456
not mentally retarded, developmentally disabled, or physically 458
impaired, the child attains the age of twenty-one if the child is 460
mentally retarded, developmentally disabled, or physically 461
impaired, or the child is adopted and a final decree of adoption 462
is issued, unless the court's jurisdiction over the child is 463
extended pursuant to division (E) of section 2151.353 of the 464
Revised Code.
(F) The court, on its own motion or the motion of the 466
agency or person with legal custody of the child, the child's 467
guardian ad litem, or any other party to the action, may conduct 468
a hearing with notice to all parties to determine whether any 469
order issued pursuant to this section should be modified or 470
terminated or whether any other dispositional order set forth in 471
divisions (A)(1) to (5) of this section should be issued. After 472
the hearing and consideration of all the evidence presented, the 473
court, in accordance with the best interest of the child, may 474
13
modify or terminate any order issued pursuant to this section or 475
issue any dispositional order set forth in divisions (A)(1) to 476
(5) of this section. IN RENDERING A DECISION UNDER THIS 477
DIVISION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 478
REVISED CODE.
(G) If the court places a child in long-term foster care 480
with a public children services agency or a private child placing 481
agency pursuant to this section, the agency with which the child 482
is placed in long-term foster care shall not remove the child 483
from the residential placement in which the child is originally 484
placed pursuant to the case plan for the child or in which the 485
child is placed with court approval pursuant to this division, 486
unless the court and the guardian ad litem are given notice of 487
the intended removal and the court issues an order approving the 488
removal or unless the removal is necessary to protect the child 489
from physical or emotional harm and the agency gives the court 490
notice of the removal and of the reasons why the removal is 491
necessary to protect the child from physical or emotional harm 492
immediately after the removal of the child from the prior 493
setting. 494
(H) If the hearing held under this section takes the place 496
of an administrative review that otherwise would have been held 497
under section 2151.416 of the Revised Code, the court at the 498
hearing held under this section shall do all of the following in 499
addition to any other requirements of this section: 500
(1) Determine the continued necessity for and the 502
appropriateness of the child's placement; 503
(2) Determine the extent of compliance with the child's 505
case plan; 506
(3) Determine the extent of progress that has been made 508
toward alleviating or mitigating the causes necessitating the 509
child's placement in foster care; 510
(4) Project a likely date by which the child may be 512
returned to his THE CHILD'S home or placed for adoption or legal 513
14
guardianship; 514
(5) Determine the future status of the child. 516
Sec. 2151.417. (A) Any court that issues a dispositional 525
order pursuant to section 2151.353, 2151.414, or 2151.415 of the 526
Revised Code may review at any time the child's placement or 527
custody arrangement, the case plan prepared for the child 528
pursuant to section 2151.412 of the Revised Code, the actions of 529
the public children services agency or private child placing 530
agency in implementing that case plan, and any other aspects of 531
the child's placement or custody arrangement. In conducting the 532
review, the court shall determine the appropriateness of any 533
agency actions, the appropriateness of continuing the child's 534
placement or custody arrangement, and whether any changes should 535
be made with respect to the child's placement or custody 536
arrangement or with respect to the actions of the agency under 537
the child's placement or custody arrangement. Based upon the 538
evidence presented at a hearing held after notice to all parties 539
and the guardian ad litem of the child, the court may require the 540
agency, the parents, guardian, or custodian of the child, and the 541
physical custodians of the child to take any reasonable action 542
that the court determines is necessary and in the best interest 543
of the child or to discontinue any action that it determines is 544
not in the best interest of the child. 545
(B) If a court issues a dispositional order pursuant to 547
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the 548
court has continuing jurisdiction over the child as set forth in 549
division (E)(1) of section 2151.353 of the Revised Code. The 550
court may amend a dispositional order in accordance with division 551
(E)(2) of section 2151.353 of the Revised Code at any time upon 552
its own motion or upon the motion of any interested party. THE 554
COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE IN
AMENDING ANY DISPOSITIONAL ORDER PURSUANT TO THIS DIVISION. 555
(C) Any court that issues a dispositional order pursuant 557
to section 2151.353, 2151.414, or 2151.415 of the Revised Code 558
15
shall hold a review hearing one year after the earlier of the 559
date on which the complaint in the case was filed or the child 560
was first placed into shelter care to review the case plan 561
prepared pursuant to section 2151.412 of the Revised Code and to 562
review the child's placement or custody arrangement. The court 563
shall schedule the review hearing at the time that it holds the 564
dispositional hearing pursuant to section 2151.35 of the Revised 565
Code. 566
The court shall hold a similar review hearing no later than 568
every twelve months after the initial review hearing until the 569
child is adopted, returned to the parents, or the court otherwise 571
terminates the child's placement or custody arrangement, except 572
that the dispositional hearing held pursuant to section 2151.415 573
of the Revised Code shall take the place of the first review 574
hearing to be held under this section. The court shall schedule 575
each subsequent review hearing at the conclusion of the review 576
hearing immediately preceding the review hearing to be scheduled. 577
(D) If, within fourteen days after a written summary of an 579
administrative review is filed with the court pursuant to section 580
2151.416 of the Revised Code, the court does not approve the 581
proposed change to the case plan filed pursuant to division (E) 583
of section 2151.416 of the Revised Code or a party or the 584
guardian ad litem requests a review hearing pursuant to division 586
(E) of that section, the court shall hold a review hearing in the 587
same manner that it holds review hearings pursuant to division 588
(C) of this section, except that if a review hearing is required 589
by this division and if a hearing is to be held pursuant to 590
division (C) of this section or section 2151.415 of the Revised 591
Code, the hearing held pursuant to division (C) of this section 592
or section 2151.415 of the Revised Code shall take the place of 593
the review hearing required by this division. 594
(E) The court shall give notice of the review hearings 596
held pursuant to this section to every interested party, 597
including, but not limited to, the appropriate agency employees 598
16
who are responsible for the child's care and planning, the 599
child's parents, any person who had guardianship or legal custody 600
of the child prior to the custody order, the child's guardian ad 601
litem, and the child. The court shall summon every interested 602
party to appear at the review hearing and give them an 603
opportunity to testify and to present other evidence with respect 604
to the child's custody arrangement, including, but not limited 605
to, the case plan for the child, the actions taken by the child's 606
custodian, the need for a change in the child's custodian or 607
caseworker, or the need for any specific action to be taken with 608
respect to the child. The court shall require any interested 609
party to testify or present other evidence when necessary to a 610
proper determination of the issues presented at the review 611
hearing. 612
(F) After the review hearing, the court shall take the 614
following actions based upon the evidence presented: 615
(1) Determine whether the conclusions of the 617
administrative review are supported by a preponderance of the 618
evidence and approve or modify the case plan based upon that 619
evidence; 620
(2) If the child is in temporary custody, do all of the 622
following: 623
(a) Determine whether the child can and should be returned 625
home with or without an order for protective supervision; 626
(b) If the child can and should be returned home with or 628
without an order for protective supervision, terminate the order 629
for temporary custody; 630
(c) If the child cannot or should not be returned home 632
with an order for protective supervision, determine whether the 633
agency currently with custody of the child should retain custody 634
or whether another public children services agency, private child 635
placing agency, or an individual should be given custody of the 636
child. 637
THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED 639
17
CODE IN TAKING ANY ACTION UNDER THIS DIVISION. 640
(3) If the child is in permanent custody, determine what 642
actions are required by the custodial agency and of any other 643
organizations or persons in order to facilitate an adoption of 644
the child and make any appropriate orders with respect to the 645
custody arrangement or conditions of the child, including, but 646
not limited to, a transfer of permanent custody to another public 647
children services agency or private child placing agency; 648
(4) Journalize the terms of the updated case plan for the 650
child. 651
(G) The court may appoint a referee or a citizens review 653
board to conduct the review hearings that the court is required 654
by this section to conduct, subject to the review and approval by 655
the court of any determinations made by the referee or citizens 656
review board. If the court appoints a citizens review board to 657
conduct the review hearings, the board shall consist of one 658
member representing the general public and four members who are 659
trained or experienced in the care or placement of children and 660
have training or experience in the fields of medicine, 661
psychology, social work, education, or any related field. Of the 662
initial appointments to the board, two shall be for a term of one 663
year, two shall be for a term of two years, and one shall be for 664
a term of three years, with all the terms ending one year after 665
the date on which the appointment was made. Thereafter, all 666
terms of the board members shall be for three years and shall end 667
on the same day of the same month of the year as did the term 668
that they succeed. Any member appointed to fill a vacancy 669
occurring prior to the expiration of the term for which the 670
member's predecessor was appointed shall hold office for the 672
remainder of the term. 673
(H) A copy of the court's determination following any 675
review hearing held pursuant to this section shall be sent to the 676
custodial agency, the guardian ad litem of the child who is the 677
subject of the review hearing, and, if that child is not the 678
18
subject of a permanent commitment hearing, the parents of the 679
child. 680
(I) If the hearing held under this section takes the place 682
of an administrative review that otherwise would have been held 683
under section 2151.416 of the Revised Code, the court at the 684
hearing held under this section shall do all of the following in 685
addition to any other requirements of this section: 686
(1) Determine the continued necessity for and the 688
appropriateness of the child's placement; 689
(2) Determine the extent of compliance with the child's 691
case plan; 692
(3) Determine the extent of progress that has been made 694
toward alleviating or mitigating the causes necessitating the 695
child's placement in foster care; 696
(4) Project a likely date by which the child may be 698
returned home or placed for adoption or legal guardianship; 700
(5) Determine the future status of the child. 702
Sec. 2151.42. (A) AT ANY HEARING IN WHICH A COURT IS 705
ASKED TO ISSUE, MODIFY, OR TERMINATE AN ORDER OF DISPOSITION
UNDER SECTION 2151.353, 2151.415, OR 2151.417 OF THE REVISED CODE 708
PURSUANT TO WHICH A CHILD HAS BEEN PLACED IN THE TEMPORARY 709
CUSTODY, LEGAL CUSTODY, OR CARE OF THE CHILD'S GRANDPARENTS, THE 710
COURT, IN DETERMINING WHETHER TO RETURN THE CHILD TO THE CHILD'S 711
PARENTS, SHALL CONSIDER WHETHER IT IS IN THE BEST INTEREST OF THE 712
CHILD TO REMAIN WITH THE GRANDPARENTS. IN DETERMINING THE BEST 713
INTEREST OF A CHILD UNDER THIS SECTION, THE GRANDPARENTS SHALL 714
HAVE THE SAME RIGHT TO CUSTODY OF THE CHILD AS THE PARENTS. 715
(B) FOR THE PURPOSES OF THIS SECTION, A CHILD IS IN THE 718
CARE OF THE CHILD'S GRANDPARENTS PURSUANT TO AN ORDER OF
DISPOSITION IF ANY OF THE FOLLOWING APPLY: 719
(1) THE ORDER COMMITS THE CHILD TO THE TEMPORARY CUSTODY 721
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 722
AGENCY AND THE AGENCY HAS PLACED THE CHILD IN THE CARE OF THE 723
CHILD'S GRANDPARENTS. 724
19
(2) THE ORDER COMMITS THE CHILD TO THE PERMANENT CUSTODY 726
OF A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING 727
AGENCY AND THE AGENCY HAS PLACED THE CHILD IN THE CARE OF THE 728
CHILD'S GRANDPARENTS. 729
(3) THE ORDER PLACES THE CHILD IN LONG-TERM FAMILY FOSTER 731
CARE WITH A PUBLIC CHILDREN SERVICES AGENCY OR A PRIVATE CHILD 732
PLACING AGENCY AND THE AGENCY HAS PLACED THE CHILD IN THE CARE OF 733
THE CHILD'S GRANDPARENTS. 734
Section 2. That existing sections 2151.353, 2151.415, and 736
2151.417 of the Revised Code are hereby repealed. 737