As Reported by the House Family Services Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 484 5
1997-1998 6
REPRESENTATIVES SCHURING-JACOBSON-CATES-COLONNA-TAYLOR- 8
PRENTISS-MOTTLEY-BOYD-FORD-VESPER-PRINGLE-MILLER-CLANCY- 9
WILLAMOWSKI-METZGER-HARRIS-MASON-O'BRIEN 10
12
A B I L L
To amend sections 2151.353, 2151.415, and 2151.417 14
and to enact section 2151.42 of the Revised Code 15
to require a court to consider the best interests 16
of a child when determining whether an abused, 18
neglected, or dependent child should be returned 19
to the custody of the child's parents. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 2151.353, 2151.415, and 2151.417 24
be amended and section 2151.42 of the Revised Code be enacted to 25
read as follows: 26
Sec. 2151.353. (A) If a child is adjudicated an abused, 35
neglected, or dependent child, the court may make any of the 36
following orders of disposition: 37
(1) Place the child in protective supervision; 39
(2) Commit the child to the temporary custody of a public 41
children services agency, a private child placing agency, either 42
parent, a relative residing within or outside the state, or a 43
probation officer for placement in a certified family foster home 45
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 47
to any other person who, prior to the dispositional hearing, 48
files a motion requesting legal custody of the child; 49
(4) Commit the child to the permanent custody of a public 51
children services agency or private child placing agency, if the 52
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court determines in accordance with division (E) of section 53
2151.414 of the Revised Code that the child cannot be placed with 54
one of the child's parents within a reasonable time or should not 55
be placed with either parent and determines in accordance with 56
division (D) of section 2151.414 of the Revised Code that the 57
permanent commitment is in the best interest of the child. If 58
the court grants permanent custody under this division, the 59
court, upon the request of any party, shall file a written 60
opinion setting forth its findings of fact and conclusions of law 61
in relation to the proceeding. 62
(5) Place the child in long-term family foster care with a 64
public children services agency or private child placing agency, 65
if a public children services agency or private child placing 66
agency requests the court to place the child in long-term family 67
foster care and if the court finds, by clear and convincing 68
evidence, that long-term foster care is in the best interest of 69
the child and that one of the following exists: 70
(a) The child, because of physical, mental, or 72
psychological problems or needs, is unable to function in a 73
family-like setting and must remain in residential or 74
institutional care; 75
(b) The parents of the child have significant physical, 77
mental, or psychological problems and are unable to care for the 78
child because of those problems, adoption is not in the best 79
interest of the child, as determined in accordance with division 80
(D) of section 2151.414 of the Revised Code, and the child 81
retains a significant and positive relationship with a parent or 82
relative;
(c) The child is sixteen years of age or older, has been 84
counseled on the permanent placement options available to the 85
child, is unwilling to accept or unable to adapt to a permanent 86
placement, and is in an agency program preparing the child for 87
independent living.
(6) Order the removal from the child's home until further 90
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order of the court of the person who committed abuse as described 91
in section 2151.031 of the Revised Code against the child, who 92
caused or allowed the child to suffer neglect as described in 93
section 2151.03 of the Revised Code, or who is the parent, 94
guardian, or custodian of a child who is adjudicated a dependent 95
child and order any person not to have contact with the child or 96
the child's siblings. 97
(B) No order for permanent custody or temporary custody of 99
a child or the placement of a child in long-term foster care 100
shall be made pursuant to this section unless the complaint 101
alleging the abuse, neglect, or dependency contains a prayer 102
requesting permanent custody, temporary custody, or the placement 103
of the child in long-term foster care as desired, the summons 104
served on the parents of the child contains as is appropriate a 105
full explanation that the granting of an order for permanent 106
custody permanently divests them of their parental rights, a full 107
explanation that an adjudication that the child is an abused, 108
neglected, or dependent child may result in an order of temporary 109
custody that will cause the removal of the child from their legal 110
custody until the court terminates the order of temporary custody 111
or permanently divests the parents of their parental rights, or a 112
full explanation that the granting of an order for long-term 113
foster care will result in the removal of the child from their 114
legal custody if any of the conditions listed in divisions 115
(A)(5)(a) to (c) of this section are found to exist, and the 116
summons served on the parents contains a full explanation of 117
their right to be represented by counsel and to have counsel 118
appointed pursuant to Chapter 120. of the Revised Code if they 119
are indigent. 120
If after making disposition as authorized by division 122
(A)(2) of this section, a motion is filed that requests permanent 123
custody of the child, the court may grant permanent custody of 124
the child to the movant in accordance with section 2151.414 of 125
the Revised Code. 126
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(C) If the court issues an order for protective 128
supervision pursuant to division (A)(1) of this section, the 129
court may place any reasonable restrictions upon the child, the 130
child's parents, guardian, or custodian, or any other person, 131
including, but not limited to, any of the following: 132
(1) Order a party, within forty-eight hours after the 134
issuance of the order, to vacate the child's home indefinitely or 135
for a specified period of time; 136
(2) Order a party, a parent of the child, or a physical 138
custodian of the child to prevent any particular person from 139
having contact with the child; 140
(3) Issue an order restraining or otherwise controlling 142
the conduct of any person which conduct would not be in the best 143
interest of the child. 144
(D) As part of its dispositional order, the court shall 146
journalize a case plan for the child. The journalized case plan 147
shall not be changed except as provided in section 2151.412 of 148
the Revised Code. 149
(E)(1) The court shall retain jurisdiction over any child 151
for whom the court issues an order of disposition pursuant to 152
division (A) of this section or pursuant to section 2151.414 or 153
2151.415 of the Revised Code until the child attains the age of 154
eighteen if the child is not mentally retarded, developmentally 156
disabled, or physically impaired, the child attains the age of 157
twenty-one if the child is mentally retarded, developmentally 158
disabled, or physically impaired, or the child is adopted and a 159
final decree of adoption is issued, except that the court may 160
retain jurisdiction over the child and continue any order of 161
disposition under division (A) of this section or under section 162
2151.414 or 2151.415 of the Revised Code for a specified period 163
of time to enable the child to graduate from high school or 164
vocational school. The court shall make an entry continuing its 165
jurisdiction under this division in the journal. 166
(2) Any public children services agency, any private child 168
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placing agency, the department of human services, or any party, 169
other than any parent whose parental rights with respect to the 170
child have been terminated pursuant to an order issued under 171
division (A)(4) of this section, by filing a motion with the 172
court, may at any time request the court to modify or terminate 173
any order of disposition issued pursuant to division (A) of this 174
section or section 2151.414 or 2151.415 of the Revised Code. The 175
court shall hold a hearing upon the motion as if the hearing were 176
the original dispositional hearing and shall give all parties to 177
the action and the guardian ad litem notice of the hearing 178
pursuant to the Juvenile Rules. IF APPLICABLE, THE COURT SHALL 179
COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 180
(F) Any temporary custody order issued pursuant to 182
division (A) of this section shall terminate one year after the 183
earlier of the date on which the complaint in the case was filed 184
or the child was first placed into shelter care, except that, 185
upon the filing of a motion pursuant to section 2151.415 of the 186
Revised Code, the temporary custody order shall continue and not 187
terminate until the court issues a dispositional order under that 188
section. 189
(G)(1) No later than one year after the earlier of the 191
date the complaint in the case was filed or the child was first 192
placed in shelter care, a party may ask the court to extend an 193
order for protective supervision for six months or to terminate 194
the order. A party requesting extension or termination of the 195
order shall file a written request for the extension or
termination with the court and give notice of the proposed 196
extension or termination in writing before the end of the day 197
after the day of filing it to all parties and the child's 198
guardian ad litem. If a public children services agency or 199
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 200
facts supporting termination of the order at the time it files 201
the request with the court. If no party requests extension or 202
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termination of the order, the court shall notify the parties that 203
the court will extend the order for six months or terminate it 204
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 205
have seven days from the date a notice is sent pursuant to this 206
division to object to and request a hearing on the proposed 207
extension or termination.
(a) If it receives a timely request for a hearing, the 209
court shall schedule a hearing to be held no later than thirty 210
days after the request is received by the court. The court shall 211
give notice of the date, time, and location of the hearing to all 212
parties and the guardian ad litem. At the hearing, the court 213
shall determine whether extension or termination of the order is 214
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 215
is in the child's best interest, the court shall extend the order 216
for six months.
(b) If it does not receive a timely request for a hearing, 218
the court may extend the order for six months or terminate it 219
without a hearing and shall journalize the order of extension or 220
termination not later than fourteen days after receiving the 221
request for extension or termination or after the date the court 222
notifies the parties that it will extend or terminate the order. 223
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 224
expiration of the applicable fourteen-day time period and give 225
notice of the date, time, and location of the hearing to all 226
parties and the child's guardian ad litem. At the hearing, the 227
court shall determine whether extension or termination of the 228
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 229
extension is in the child's best interest, the court shall issue 230
an order extending the order for protective supervision six 231
months.
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(2) If the court grants an extension of the order for 233
protective supervision pursuant to division (G)(1) of this 234
section, a party may, prior to termination of the extension, file 235
with the court a request for an additional extension of six 236
months or for termination of the order. The court and the 237
parties shall comply with division (G)(1) of this section with 238
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 240
(G)(2) of this section, the court shall terminate the order for 241
protective supervision at the end of the extension. 242
(H) The court shall not issue a dispositional order 244
pursuant to division (A) of this section that removes a child 245
from the child's home unless the court makes the determination 247
required by section 2151.419 of the Revised Code and includes in
the dispositional order the finding of facts required by that 248
section.
(I) If a motion or application for an order described in 251
division (A)(6) of this section is made, the court shall not 252
issue the order unless, prior to the issuance of the order, it 253
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 255
(2) The grounds for the motion or application; 257
(3) An opportunity to present evidence and witnesses at a 259
hearing regarding the motion or application; 260
(4) An opportunity to be represented by counsel at the 262
hearing. 263
(J) The jurisdiction of the court shall terminate one year 266
after the date of the award or, if the court takes any further 267
action in the matter subsequent to the award, the date of the 268
latest further action subsequent to the award, if the court 269
awards legal custody of a child to either of the following: 270
(1) A legal custodian who, at the time of the award of 272
legal custody, resides in a county of this state other than the 273
county in which the court is located;
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(2) A legal custodian who resides in the county in which 275
the court is located at the time of the award of legal custody, 276
but moves to a different county of this state prior to one year 277
after the date of the award or, if the court takes any further 278
action in the matter subsequent to the award, one year after the 279
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 281
resides then shall have jurisdiction in the matter. 282
Sec. 2151.415. (A) Any public children services agency or 291
private child placing agency that has been given temporary 292
custody of a child pursuant to section 2151.353 of the Revised 293
Code, not later than thirty days prior to the earlier of the date 294
for the termination of the custody order pursuant to division (F) 295
of section 2151.353 of the Revised Code or the date set at the 296
dispositional hearing for the hearing to be held pursuant to this 297
section, shall file a motion with the court that issued the order 298
of disposition requesting that any of the following orders of 299
disposition of the child be issued by the court: 300
(1) An order that the child be returned home and the 303
custody of the child's parents, guardian, or custodian without 304
any restrictions; 305
(2) An order for protective supervision; 307
(3) An order that the child be placed in the legal custody 309
of a relative or other interested individual; 310
(4) An order permanently terminating the parental rights 312
of the child's parents; 313
(5) An order that the child be placed in long-term foster 315
care; 316
(6) In accordance with division (D) of this section, an 318
order for the extension of temporary custody. 319
(B) Upon the filing of a motion pursuant to division (A) 321
of this section, the court shall hold a dispositional hearing on 322
the date set at the dispositional hearing held pursuant to 323
section 2151.35 of the Revised Code, with notice to all parties 324
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to the action in accordance with the Juvenile Rules. After the 325
dispositional hearing or at a date after the dispositional 326
hearing that is not later than one year after the earlier of the 327
date on which the complaint in the case was filed or the child 328
was first placed into shelter care, the court, in accordance with 329
the best interest of the child as supported by the evidence 330
presented at the dispositional hearing, shall issue an order of 331
disposition as set forth in division (A) of this section, except 332
that all orders for permanent custody shall be made in accordance 333
with sections 2151.413 and 2151.414 of the Revised Code. IN 334
ISSUING AN ORDER OF DISPOSITION UNDER THIS SECTION, THE COURT 335
SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 336
(C)(1) If an agency pursuant to division (A) of this 338
section requests the court to place a child into long-term foster 339
care, the agency shall present evidence to indicate why long-term 340
foster care is appropriate for the child, including, but not 341
limited to, evidence that the agency has tried or considered all 342
other possible dispositions for the child. A court shall not 343
place a child in long-term foster care, unless it finds, by clear 344
and convincing evidence, that long-term foster care is in the 345
best interest of the child and that one of the following exists: 346
(a) The child, because of physical, mental, or 348
psychological problems or needs, is unable to function in a 349
family-like setting and must remain in residential or 350
institutional care; 351
(b) The parents of the child have significant physical, 353
mental, or psychological problems and are unable to care for the 354
child because of those problems, adoption is not in the best 355
interest of the child, as determined in accordance with division 356
(D) of section 2151.414 of the Revised Code, and the child 357
retains a significant and positive relationship with a parent or 358
relative; 359
(c) The child is sixteen years of age or older, has been 361
counseled on the permanent placement options available, is 362
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unwilling to accept or unable to adapt to a permanent placement, 363
and is in an agency program preparing for independent living. 364
(2) If the court issues an order placing a child in 366
long-term foster care, both of the following apply: 367
(a) The court shall issue a finding of fact setting forth 369
the reasons for its finding; 370
(b) The agency may make any appropriate placement for the 372
child and shall develop a case plan for the child that is 373
designed to assist the child in finding a permanent home outside 374
of the home of the parents. 375
(D)(1) If an agency pursuant to division (A) of this 377
section requests the court to grant an extension of temporary 378
custody for a period of up to six months, the agency shall 379
include in the motion an explanation of the progress on the case 380
plan of the child and of its expectations of reunifying the child 381
with its THE CHILD'S family, or placing the child in a permanent 382
placement, within the extension period. The court shall schedule 384
a hearing on the motion, give notice of its date, time, and 385
location to all parties and the guardian ad litem of the child, 386
and at the hearing consider the evidence presented by the parties 387
and the guardian ad litem. The court may extend the temporary 388
custody order of the child for a period of up to six months, if 389
it determines at the hearing, by clear and convincing evidence, 390
that the extension is in the best interest of the child, there 391
has been significant progress on the case plan of the child, and 392
there is reasonable cause to believe that the child will be 393
reunified with one of the parents or otherwise permanently placed 395
within the period of extension. IN DETERMINING WHETHER TO EXTEND 396
THE TEMPORARY CUSTODY OF THE CHILD PURSUANT TO THIS DIVISION, THE 397
COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. If 398
the court extends the temporary custody of the child pursuant to 399
this division, upon request it shall issue findings of fact. 400
(2) Prior to the end of the extension granted pursuant to 402
division (D)(1) of this section, the agency that received the 403
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extension shall file a motion with the court requesting the 404
issuance of one of the orders of disposition set forth in 405
divisions (A)(1) to (5) of this section or requesting the court 406
to extend the temporary custody order of the child for an 407
additional period of up to six months. If the agency requests 408
the issuance of an order of disposition under divisions (A)(1) to 409
(5) of this section or does not file any motion prior to the 410
expiration of the extension period, the court shall conduct a 411
hearing in accordance with division (B) of this section and issue 412
an appropriate order of disposition. IN ISSUING AN ORDER OF 413
DISPOSITION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 414
REVISED CODE.
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
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
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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. IN ISSUING AN ORDER OF 448
DISPOSITION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 449
REVISED CODE.
(4) No court shall grant an agency more than two 451
extensions of temporary custody pursuant to division (D) of this 452
section. 453
(E) After the issuance of an order pursuant to division 455
(B) of this section, the court shall retain jurisdiction over the 456
child until the child attains the age of eighteen if the child is 457
not mentally retarded, developmentally disabled, or physically 459
impaired, the child attains the age of twenty-one if the child is 461
mentally retarded, developmentally disabled, or physically 462
impaired, or the child is adopted and a final decree of adoption 463
is issued, unless the court's jurisdiction over the child is 464
extended pursuant to division (E) of section 2151.353 of the 465
Revised Code.
(F) The court, on its own motion or the motion of the 467
agency or person with legal custody of the child, the child's 468
guardian ad litem, or any other party to the action, may conduct 469
a hearing with notice to all parties to determine whether any 470
order issued pursuant to this section should be modified or 471
terminated or whether any other dispositional order set forth in 472
divisions (A)(1) to (5) of this section should be issued. After 473
the hearing and consideration of all the evidence presented, the 474
court, in accordance with the best interest of the child, may 475
modify or terminate any order issued pursuant to this section or 476
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issue any dispositional order set forth in divisions (A)(1) to 477
(5) of this section. IN RENDERING A DECISION UNDER THIS 478
DIVISION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 479
REVISED CODE.
(G) If the court places a child in long-term foster care 481
with a public children services agency or a private child placing 482
agency pursuant to this section, the agency with which the child 483
is placed in long-term foster care shall not remove the child 484
from the residential placement in which the child is originally 485
placed pursuant to the case plan for the child or in which the 486
child is placed with court approval pursuant to this division, 487
unless the court and the guardian ad litem are given notice of 488
the intended removal and the court issues an order approving the 489
removal or unless the removal is necessary to protect the child 490
from physical or emotional harm and the agency gives the court 491
notice of the removal and of the reasons why the removal is 492
necessary to protect the child from physical or emotional harm 493
immediately after the removal of the child from the prior 494
setting. 495
(H) If the hearing held under this section takes the place 497
of an administrative review that otherwise would have been held 498
under section 2151.416 of the Revised Code, the court at the 499
hearing held under this section shall do all of the following in 500
addition to any other requirements of this section: 501
(1) Determine the continued necessity for and the 503
appropriateness of the child's placement; 504
(2) Determine the extent of compliance with the child's 506
case plan; 507
(3) Determine the extent of progress that has been made 509
toward alleviating or mitigating the causes necessitating the 510
child's placement in foster care; 511
(4) Project a likely date by which the child may be 513
returned to his THE CHILD'S home or placed for adoption or legal 514
guardianship; 515
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(5) Determine the future status of the child. 517
Sec. 2151.417. (A) Any court that issues a dispositional 526
order pursuant to section 2151.353, 2151.414, or 2151.415 of the 527
Revised Code may review at any time the child's placement or 528
custody arrangement, the case plan prepared for the child 529
pursuant to section 2151.412 of the Revised Code, the actions of 530
the public children services agency or private child placing 531
agency in implementing that case plan, and any other aspects of 532
the child's placement or custody arrangement. In conducting the 533
review, the court shall determine the appropriateness of any 534
agency actions, the appropriateness of continuing the child's 535
placement or custody arrangement, and whether any changes should 536
be made with respect to the child's placement or custody 537
arrangement or with respect to the actions of the agency under 538
the child's placement or custody arrangement. Based upon the 539
evidence presented at a hearing held after notice to all parties 540
and the guardian ad litem of the child, the court may require the 541
agency, the parents, guardian, or custodian of the child, and the 542
physical custodians of the child to take any reasonable action 543
that the court determines is necessary and in the best interest 544
of the child or to discontinue any action that it determines is 545
not in the best interest of the child. 546
(B) If a court issues a dispositional order pursuant to 548
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the 549
court has continuing jurisdiction over the child as set forth in 550
division (E)(1) of section 2151.353 of the Revised Code. The 551
court may amend a dispositional order in accordance with division 552
(E)(2) of section 2151.353 of the Revised Code at any time upon 553
its own motion or upon the motion of any interested party. THE 555
COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE IN
AMENDING ANY DISPOSITIONAL ORDER PURSUANT TO THIS DIVISION. 556
(C) Any court that issues a dispositional order pursuant 558
to section 2151.353, 2151.414, or 2151.415 of the Revised Code 559
shall hold a review hearing one year after the earlier of the 560
15
date on which the complaint in the case was filed or the child 561
was first placed into shelter care to review the case plan 562
prepared pursuant to section 2151.412 of the Revised Code and to 563
review the child's placement or custody arrangement. The court 564
shall schedule the review hearing at the time that it holds the 565
dispositional hearing pursuant to section 2151.35 of the Revised 566
Code. 567
The court shall hold a similar review hearing no later than 569
every twelve months after the initial review hearing until the 570
child is adopted, returned to the parents, or the court otherwise 572
terminates the child's placement or custody arrangement, except 573
that the dispositional hearing held pursuant to section 2151.415 574
of the Revised Code shall take the place of the first review 575
hearing to be held under this section. The court shall schedule 576
each subsequent review hearing at the conclusion of the review 577
hearing immediately preceding the review hearing to be scheduled. 578
(D) If, within fourteen days after a written summary of an 580
administrative review is filed with the court pursuant to section 581
2151.416 of the Revised Code, the court does not approve the 582
proposed change to the case plan filed pursuant to division (E) 584
of section 2151.416 of the Revised Code or a party or the 585
guardian ad litem requests a review hearing pursuant to division 587
(E) of that section, the court shall hold a review hearing in the 588
same manner that it holds review hearings pursuant to division 589
(C) of this section, except that if a review hearing is required 590
by this division and if a hearing is to be held pursuant to 591
division (C) of this section or section 2151.415 of the Revised 592
Code, the hearing held pursuant to division (C) of this section 593
or section 2151.415 of the Revised Code shall take the place of 594
the review hearing required by this division. 595
(E) The court shall give notice of the review hearings 597
held pursuant to this section to every interested party, 598
including, but not limited to, the appropriate agency employees 599
who are responsible for the child's care and planning, the 600
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child's parents, any person who had guardianship or legal custody 601
of the child prior to the custody order, the child's guardian ad 602
litem, and the child. The court shall summon every interested 603
party to appear at the review hearing and give them an 604
opportunity to testify and to present other evidence with respect 605
to the child's custody arrangement, including, but not limited 606
to, the case plan for the child, the actions taken by the child's 607
custodian, the need for a change in the child's custodian or 608
caseworker, or the need for any specific action to be taken with 609
respect to the child. The court shall require any interested 610
party to testify or present other evidence when necessary to a 611
proper determination of the issues presented at the review 612
hearing. 613
(F) After the review hearing, the court shall take the 615
following actions based upon the evidence presented: 616
(1) Determine whether the conclusions of the 618
administrative review are supported by a preponderance of the 619
evidence and approve or modify the case plan based upon that 620
evidence; 621
(2) If the child is in temporary custody, do all of the 623
following: 624
(a) Determine whether the child can and should be returned 626
home with or without an order for protective supervision; 627
(b) If the child can and should be returned home with or 629
without an order for protective supervision, terminate the order 630
for temporary custody; 631
(c) If the child cannot or should not be returned home 633
with an order for protective supervision, determine whether the 634
agency currently with custody of the child should retain custody 635
or whether another public children services agency, private child 636
placing agency, or an individual should be given custody of the 637
child. 638
THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED 640
CODE IN TAKING ANY ACTION UNDER THIS DIVISION. 641
17
(3) If the child is in permanent custody, determine what 643
actions are required by the custodial agency and of any other 644
organizations or persons in order to facilitate an adoption of 645
the child and make any appropriate orders with respect to the 646
custody arrangement or conditions of the child, including, but 647
not limited to, a transfer of permanent custody to another public 648
children services agency or private child placing agency; 649
(4) Journalize the terms of the updated case plan for the 651
child. 652
(G) The court may appoint a referee or a citizens review 654
board to conduct the review hearings that the court is required 655
by this section to conduct, subject to the review and approval by 656
the court of any determinations made by the referee or citizens 657
review board. If the court appoints a citizens review board to 658
conduct the review hearings, the board shall consist of one 659
member representing the general public and four members who are 660
trained or experienced in the care or placement of children and 661
have training or experience in the fields of medicine, 662
psychology, social work, education, or any related field. Of the 663
initial appointments to the board, two shall be for a term of one 664
year, two shall be for a term of two years, and one shall be for 665
a term of three years, with all the terms ending one year after 666
the date on which the appointment was made. Thereafter, all 667
terms of the board members shall be for three years and shall end 668
on the same day of the same month of the year as did the term 669
that they succeed. Any member appointed to fill a vacancy 670
occurring prior to the expiration of the term for which the 671
member's predecessor was appointed shall hold office for the 673
remainder of the term. 674
(H) A copy of the court's determination following any 676
review hearing held pursuant to this section shall be sent to the 677
custodial agency, the guardian ad litem of the child who is the 678
subject of the review hearing, and, if that child is not the 679
subject of a permanent commitment hearing, the parents of the 680
18
child. 681
(I) If the hearing held under this section takes the place 683
of an administrative review that otherwise would have been held 684
under section 2151.416 of the Revised Code, the court at the 685
hearing held under this section shall do all of the following in 686
addition to any other requirements of this section: 687
(1) Determine the continued necessity for and the 689
appropriateness of the child's placement; 690
(2) Determine the extent of compliance with the child's 692
case plan; 693
(3) Determine the extent of progress that has been made 695
toward alleviating or mitigating the causes necessitating the 696
child's placement in foster care; 697
(4) Project a likely date by which the child may be 699
returned home or placed for adoption or legal guardianship; 701
(5) Determine the future status of the child. 703
Sec. 2151.42. AT ANY HEARING IN WHICH A COURT IS ASKED TO 706
MODIFY OR TERMINATE AN ORDER OF DISPOSITION ISSUED UNDER SECTION
2151.353, 2151.415, OR 2151.417 OF THE REVISED CODE, THE COURT, 709
IN DETERMINING WHETHER TO RETURN THE CHILD TO THE CHILD'S 710
PARENTS, SHALL CONSIDER WHETHER IT IS IN THE BEST INTEREST OF THE 711
CHILD.
Section 2. That existing sections 2151.353, 2151.415, and 713
2151.417 of the Revised Code are hereby repealed. 714