As Passed by the House 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-HOUSEHOLDER- 10
GRENDELL-MEAD-OLMAN-REID-CAREY-PADGETT-ROMAN-BENDER- 11
MOTTL-MAIER-CORBIN-TERWILLEGER-ALLEN-OPFER-MYERS-PERZ- 12
VERICH-WHALEN-BRADING-SALERNO-MALLORY-BRITTON-BOGGS- 13
SCHULER-OGG-WILSON-KRUPINSKI-HAINES-ROBERTS-JERSE- 14
GERBERRY-GARCIA-SUTTON 15
18
A B I L L
To amend sections 2151.353, 2151.415, and 2151.417 20
and to enact section 2151.42 of the Revised Code 21
to require a court to consider the best interests 22
of a child when determining whether an abused, 24
neglected, or dependent child should be returned 25
to the custody of the child's parents. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2151.353, 2151.415, and 2151.417 30
be amended and section 2151.42 of the Revised Code be enacted to 31
read as follows: 32
Sec. 2151.353. (A) If a child is adjudicated an abused, 41
neglected, or dependent child, the court may make any of the 42
following orders of disposition: 43
(1) Place the child in protective supervision; 45
(2) Commit the child to the temporary custody of a public 47
children services agency, a private child placing agency, either 48
parent, a relative residing within or outside the state, or a 49
probation officer for placement in a certified family foster home 51
or in any other home approved by the court;
2
(3) Award legal custody of the child to either parent or 53
to any other person who, prior to the dispositional hearing, 54
files a motion requesting legal custody of the child; 55
(4) Commit the child to the permanent custody of a public 57
children services agency or private child placing agency, if the 58
court determines in accordance with division (E) of section 59
2151.414 of the Revised Code that the child cannot be placed with 60
one of the child's parents within a reasonable time or should not 61
be placed with either parent and determines in accordance with 62
division (D) of section 2151.414 of the Revised Code that the 63
permanent commitment is in the best interest of the child. If 64
the court grants permanent custody under this division, the 65
court, upon the request of any party, shall file a written 66
opinion setting forth its findings of fact and conclusions of law 67
in relation to the proceeding. 68
(5) Place the child in long-term family foster care with a 70
public children services agency or private child placing agency, 71
if a public children services agency or private child placing 72
agency requests the court to place the child in long-term family 73
foster care and if the court finds, by clear and convincing 74
evidence, that long-term foster care is in the best interest of 75
the child and that one of the following exists: 76
(a) The child, because of physical, mental, or 78
psychological problems or needs, is unable to function in a 79
family-like setting and must remain in residential or 80
institutional care; 81
(b) The parents of the child have significant physical, 83
mental, or psychological problems and are unable to care for the 84
child because of those problems, adoption is not in the best 85
interest of the child, as determined in accordance with division 86
(D) of section 2151.414 of the Revised Code, and the child 87
retains a significant and positive relationship with a parent or 88
relative;
(c) The child is sixteen years of age or older, has been 90
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counseled on the permanent placement options available to the 91
child, is unwilling to accept or unable to adapt to a permanent 92
placement, and is in an agency program preparing the child for 93
independent living.
(6) Order the removal from the child's home until further 96
order of the court of the person who committed abuse as described 97
in section 2151.031 of the Revised Code against the child, who 98
caused or allowed the child to suffer neglect as described in 99
section 2151.03 of the Revised Code, or who is the parent, 100
guardian, or custodian of a child who is adjudicated a dependent 101
child and order any person not to have contact with the child or 102
the child's siblings. 103
(B) No order for permanent custody or temporary custody of 105
a child or the placement of a child in long-term foster care 106
shall be made pursuant to this section unless the complaint 107
alleging the abuse, neglect, or dependency contains a prayer 108
requesting permanent custody, temporary custody, or the placement 109
of the child in long-term foster care as desired, the summons 110
served on the parents of the child contains as is appropriate a 111
full explanation that the granting of an order for permanent 112
custody permanently divests them of their parental rights, a full 113
explanation that an adjudication that the child is an abused, 114
neglected, or dependent child may result in an order of temporary 115
custody that will cause the removal of the child from their legal 116
custody until the court terminates the order of temporary custody 117
or permanently divests the parents of their parental rights, or a 118
full explanation that the granting of an order for long-term 119
foster care will result in the removal of the child from their 120
legal custody if any of the conditions listed in divisions 121
(A)(5)(a) to (c) of this section are found to exist, and the 122
summons served on the parents contains a full explanation of 123
their right to be represented by counsel and to have counsel 124
appointed pursuant to Chapter 120. of the Revised Code if they 125
are indigent. 126
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If after making disposition as authorized by division 128
(A)(2) of this section, a motion is filed that requests permanent 129
custody of the child, the court may grant permanent custody of 130
the child to the movant in accordance with section 2151.414 of 131
the Revised Code. 132
(C) If the court issues an order for protective 134
supervision pursuant to division (A)(1) of this section, the 135
court may place any reasonable restrictions upon the child, the 136
child's parents, guardian, or custodian, or any other person, 137
including, but not limited to, any of the following: 138
(1) Order a party, within forty-eight hours after the 140
issuance of the order, to vacate the child's home indefinitely or 141
for a specified period of time; 142
(2) Order a party, a parent of the child, or a physical 144
custodian of the child to prevent any particular person from 145
having contact with the child; 146
(3) Issue an order restraining or otherwise controlling 148
the conduct of any person which conduct would not be in the best 149
interest of the child. 150
(D) As part of its dispositional order, the court shall 152
journalize a case plan for the child. The journalized case plan 153
shall not be changed except as provided in section 2151.412 of 154
the Revised Code. 155
(E)(1) The court shall retain jurisdiction over any child 157
for whom the court issues an order of disposition pursuant to 158
division (A) of this section or pursuant to section 2151.414 or 159
2151.415 of the Revised Code until the child attains the age of 160
eighteen if the child is not mentally retarded, developmentally 162
disabled, or physically impaired, the child attains the age of 163
twenty-one if the child is mentally retarded, developmentally 164
disabled, or physically impaired, or the child is adopted and a 165
final decree of adoption is issued, except that the court may 166
retain jurisdiction over the child and continue any order of 167
disposition under division (A) of this section or under section 168
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2151.414 or 2151.415 of the Revised Code for a specified period 169
of time to enable the child to graduate from high school or 170
vocational school. The court shall make an entry continuing its 171
jurisdiction under this division in the journal. 172
(2) Any public children services agency, any private child 174
placing agency, the department of human services, or any party, 175
other than any parent whose parental rights with respect to the 176
child have been terminated pursuant to an order issued under 177
division (A)(4) of this section, by filing a motion with the 178
court, may at any time request the court to modify or terminate 179
any order of disposition issued pursuant to division (A) of this 180
section or section 2151.414 or 2151.415 of the Revised Code. The 181
court shall hold a hearing upon the motion as if the hearing were 182
the original dispositional hearing and shall give all parties to 183
the action and the guardian ad litem notice of the hearing 184
pursuant to the Juvenile Rules. IF APPLICABLE, THE COURT SHALL 185
COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 186
(F) Any temporary custody order issued pursuant to 188
division (A) of this section shall terminate one year after the 189
earlier of the date on which the complaint in the case was filed 190
or the child was first placed into shelter care, except that, 191
upon the filing of a motion pursuant to section 2151.415 of the 192
Revised Code, the temporary custody order shall continue and not 193
terminate until the court issues a dispositional order under that 194
section. 195
(G)(1) No later than one year after the earlier of the 197
date the complaint in the case was filed or the child was first 198
placed in shelter care, a party may ask the court to extend an 199
order for protective supervision for six months or to terminate 200
the order. A party requesting extension or termination of the 201
order shall file a written request for the extension or
termination with the court and give notice of the proposed 202
extension or termination in writing before the end of the day 203
after the day of filing it to all parties and the child's 204
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guardian ad litem. If a public children services agency or 205
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 206
facts supporting termination of the order at the time it files 207
the request with the court. If no party requests extension or 208
termination of the order, the court shall notify the parties that 209
the court will extend the order for six months or terminate it 210
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 211
have seven days from the date a notice is sent pursuant to this 212
division to object to and request a hearing on the proposed 213
extension or termination.
(a) If it receives a timely request for a hearing, the 215
court shall schedule a hearing to be held no later than thirty 216
days after the request is received by the court. The court shall 217
give notice of the date, time, and location of the hearing to all 218
parties and the guardian ad litem. At the hearing, the court 219
shall determine whether extension or termination of the order is 220
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 221
is in the child's best interest, the court shall extend the order 222
for six months.
(b) If it does not receive a timely request for a hearing, 224
the court may extend the order for six months or terminate it 225
without a hearing and shall journalize the order of extension or 226
termination not later than fourteen days after receiving the 227
request for extension or termination or after the date the court 228
notifies the parties that it will extend or terminate the order. 229
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 230
expiration of the applicable fourteen-day time period and give 231
notice of the date, time, and location of the hearing to all 232
parties and the child's guardian ad litem. At the hearing, the 233
court shall determine whether extension or termination of the 234
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order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 235
extension is in the child's best interest, the court shall issue 236
an order extending the order for protective supervision six 237
months.
(2) If the court grants an extension of the order for 239
protective supervision pursuant to division (G)(1) of this 240
section, a party may, prior to termination of the extension, file 241
with the court a request for an additional extension of six 242
months or for termination of the order. The court and the 243
parties shall comply with division (G)(1) of this section with 244
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 246
(G)(2) of this section, the court shall terminate the order for 247
protective supervision at the end of the extension. 248
(H) The court shall not issue a dispositional order 250
pursuant to division (A) of this section that removes a child 251
from the child's home unless the court makes the determination 253
required by section 2151.419 of the Revised Code and includes in
the dispositional order the finding of facts required by that 254
section.
(I) If a motion or application for an order described in 257
division (A)(6) of this section is made, the court shall not 258
issue the order unless, prior to the issuance of the order, it 259
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 261
(2) The grounds for the motion or application; 263
(3) An opportunity to present evidence and witnesses at a 265
hearing regarding the motion or application; 266
(4) An opportunity to be represented by counsel at the 268
hearing. 269
(J) The jurisdiction of the court shall terminate one year 272
after the date of the award or, if the court takes any further 273
action in the matter subsequent to the award, the date of the 274
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latest further action subsequent to the award, if the court 275
awards legal custody of a child to either of the following: 276
(1) A legal custodian who, at the time of the award of 278
legal custody, resides in a county of this state other than the 279
county in which the court is located;
(2) A legal custodian who resides in the county in which 281
the court is located at the time of the award of legal custody, 282
but moves to a different county of this state prior to one year 283
after the date of the award or, if the court takes any further 284
action in the matter subsequent to the award, one year after the 285
date of the latest further action subsequent to the award.
The court in the county in which the legal custodian 287
resides then shall have jurisdiction in the matter. 288
Sec. 2151.415. (A) Any public children services agency or 297
private child placing agency that has been given temporary 298
custody of a child pursuant to section 2151.353 of the Revised 299
Code, not later than thirty days prior to the earlier of the date 300
for the termination of the custody order pursuant to division (F) 301
of section 2151.353 of the Revised Code or the date set at the 302
dispositional hearing for the hearing to be held pursuant to this 303
section, shall file a motion with the court that issued the order 304
of disposition requesting that any of the following orders of 305
disposition of the child be issued by the court: 306
(1) An order that the child be returned home and the 309
custody of the child's parents, guardian, or custodian without 310
any restrictions; 311
(2) An order for protective supervision; 313
(3) An order that the child be placed in the legal custody 315
of a relative or other interested individual; 316
(4) An order permanently terminating the parental rights 318
of the child's parents; 319
(5) An order that the child be placed in long-term foster 321
care; 322
(6) In accordance with division (D) of this section, an 324
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order for the extension of temporary custody. 325
(B) Upon the filing of a motion pursuant to division (A) 327
of this section, the court shall hold a dispositional hearing on 328
the date set at the dispositional hearing held pursuant to 329
section 2151.35 of the Revised Code, with notice to all parties 330
to the action in accordance with the Juvenile Rules. After the 331
dispositional hearing or at a date after the dispositional 332
hearing that is not later than one year after the earlier of the 333
date on which the complaint in the case was filed or the child 334
was first placed into shelter care, the court, in accordance with 335
the best interest of the child as supported by the evidence 336
presented at the dispositional hearing, shall issue an order of 337
disposition as set forth in division (A) of this section, except 338
that all orders for permanent custody shall be made in accordance 339
with sections 2151.413 and 2151.414 of the Revised Code. IN 340
ISSUING AN ORDER OF DISPOSITION UNDER THIS SECTION, THE COURT 341
SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 342
(C)(1) If an agency pursuant to division (A) of this 344
section requests the court to place a child into long-term foster 345
care, the agency shall present evidence to indicate why long-term 346
foster care is appropriate for the child, including, but not 347
limited to, evidence that the agency has tried or considered all 348
other possible dispositions for the child. A court shall not 349
place a child in long-term foster care, unless it finds, by clear 350
and convincing evidence, that long-term foster care is in the 351
best interest of the child and that one of the following exists: 352
(a) The child, because of physical, mental, or 354
psychological problems or needs, is unable to function in a 355
family-like setting and must remain in residential or 356
institutional care; 357
(b) The parents of the child have significant physical, 359
mental, or psychological problems and are unable to care for the 360
child because of those problems, adoption is not in the best 361
interest of the child, as determined in accordance with division 362
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(D) of section 2151.414 of the Revised Code, and the child 363
retains a significant and positive relationship with a parent or 364
relative; 365
(c) The child is sixteen years of age or older, has been 367
counseled on the permanent placement options available, is 368
unwilling to accept or unable to adapt to a permanent placement, 369
and is in an agency program preparing for independent living. 370
(2) If the court issues an order placing a child in 372
long-term foster care, both of the following apply: 373
(a) The court shall issue a finding of fact setting forth 375
the reasons for its finding; 376
(b) The agency may make any appropriate placement for the 378
child and shall develop a case plan for the child that is 379
designed to assist the child in finding a permanent home outside 380
of the home of the parents. 381
(D)(1) If an agency pursuant to division (A) of this 383
section requests the court to grant an extension of temporary 384
custody for a period of up to six months, the agency shall 385
include in the motion an explanation of the progress on the case 386
plan of the child and of its expectations of reunifying the child 387
with its THE CHILD'S family, or placing the child in a permanent 388
placement, within the extension period. The court shall schedule 390
a hearing on the motion, give notice of its date, time, and 391
location to all parties and the guardian ad litem of the child, 392
and at the hearing consider the evidence presented by the parties 393
and the guardian ad litem. The court may extend the temporary 394
custody order of the child for a period of up to six months, if 395
it determines at the hearing, by clear and convincing evidence, 396
that the extension is in the best interest of the child, there 397
has been significant progress on the case plan of the child, and 398
there is reasonable cause to believe that the child will be 399
reunified with one of the parents or otherwise permanently placed 401
within the period of extension. IN DETERMINING WHETHER TO EXTEND 402
THE TEMPORARY CUSTODY OF THE CHILD PURSUANT TO THIS DIVISION, THE 403
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COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. If 404
the court extends the temporary custody of the child pursuant to 405
this division, upon request it shall issue findings of fact. 406
(2) Prior to the end of the extension granted pursuant to 408
division (D)(1) of this section, the agency that received the 409
extension shall file a motion with the court requesting the 410
issuance of one of the orders of disposition set forth in 411
divisions (A)(1) to (5) of this section or requesting the court 412
to extend the temporary custody order of the child for an 413
additional period of up to six months. If the agency requests 414
the issuance of an order of disposition under divisions (A)(1) to 415
(5) of this section or does not file any motion prior to the 416
expiration of the extension period, the court shall conduct a 417
hearing in accordance with division (B) of this section and issue 418
an appropriate order of disposition. IN ISSUING AN ORDER OF 419
DISPOSITION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 420
REVISED CODE.
If the agency requests an additional extension of up to six 422
months of the temporary custody order of the child, the court 423
shall schedule and conduct a hearing in the manner set forth in 424
division (D)(1) of this section. The court may extend the 425
temporary custody order of the child for an additional period of 426
up to six months if it determines at the hearing, by clear and 427
convincing evidence, that the additional extension is in the best 428
interest of the child, there has been substantial additional 429
progress since the original extension of temporary custody in the 430
case plan of the child, there has been substantial additional 431
progress since the original extension of temporary custody toward 432
reunifying the child with one of the parents or otherwise 433
permanently placing the child, and there is reasonable cause to 434
believe that the child will be reunified with one of the parents 436
or otherwise placed in a permanent setting before the expiration 437
of the additional extension period. IN DETERMINING WHETHER TO 438
GRANT AN ADDITIONAL EXTENSION, THE COURT SHALL COMPLY WITH 439
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SECTION 2151.42 OF THE REVISED CODE. If the court extends the 440
temporary custody of the child for an additional period pursuant 441
to this division, upon request it shall issue findings of fact. 442
(3) Prior to the end of the extension of a temporary 444
custody order granted pursuant to division (D)(2) of this 445
section, the agency that received the extension shall file a 446
motion with the court requesting the issuance of one of the 447
orders of disposition set forth in divisions (A)(1) to (5) of 448
this section. Upon the filing of the motion by the agency or, if 449
the agency does not file the motion prior to the expiration of 450
the extension period, upon its own motion, the court, prior to 451
the expiration of the extension period, shall conduct a hearing 452
in accordance with division (B) of this section and issue an 453
appropriate order of disposition. IN ISSUING AN ORDER OF 454
DISPOSITION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 455
REVISED CODE.
(4) No court shall grant an agency more than two 457
extensions of temporary custody pursuant to division (D) of this 458
section. 459
(E) After the issuance of an order pursuant to division 461
(B) of this section, the court shall retain jurisdiction over the 462
child until the child attains the age of eighteen if the child is 463
not mentally retarded, developmentally disabled, or physically 465
impaired, the child attains the age of twenty-one if the child is 467
mentally retarded, developmentally disabled, or physically 468
impaired, or the child is adopted and a final decree of adoption 469
is issued, unless the court's jurisdiction over the child is 470
extended pursuant to division (E) of section 2151.353 of the 471
Revised Code.
(F) The court, on its own motion or the motion of the 473
agency or person with legal custody of the child, the child's 474
guardian ad litem, or any other party to the action, may conduct 475
a hearing with notice to all parties to determine whether any 476
order issued pursuant to this section should be modified or 477
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terminated or whether any other dispositional order set forth in 478
divisions (A)(1) to (5) of this section should be issued. After 479
the hearing and consideration of all the evidence presented, the 480
court, in accordance with the best interest of the child, may 481
modify or terminate any order issued pursuant to this section or 482
issue any dispositional order set forth in divisions (A)(1) to 483
(5) of this section. IN RENDERING A DECISION UNDER THIS 484
DIVISION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 485
REVISED CODE.
(G) If the court places a child in long-term foster care 487
with a public children services agency or a private child placing 488
agency pursuant to this section, the agency with which the child 489
is placed in long-term foster care shall not remove the child 490
from the residential placement in which the child is originally 491
placed pursuant to the case plan for the child or in which the 492
child is placed with court approval pursuant to this division, 493
unless the court and the guardian ad litem are given notice of 494
the intended removal and the court issues an order approving the 495
removal or unless the removal is necessary to protect the child 496
from physical or emotional harm and the agency gives the court 497
notice of the removal and of the reasons why the removal is 498
necessary to protect the child from physical or emotional harm 499
immediately after the removal of the child from the prior 500
setting. 501
(H) If the hearing held under this section takes the place 503
of an administrative review that otherwise would have been held 504
under section 2151.416 of the Revised Code, the court at the 505
hearing held under this section shall do all of the following in 506
addition to any other requirements of this section: 507
(1) Determine the continued necessity for and the 509
appropriateness of the child's placement; 510
(2) Determine the extent of compliance with the child's 512
case plan; 513
(3) Determine the extent of progress that has been made 515
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toward alleviating or mitigating the causes necessitating the 516
child's placement in foster care; 517
(4) Project a likely date by which the child may be 519
returned to his THE CHILD'S home or placed for adoption or legal 520
guardianship; 521
(5) Determine the future status of the child. 523
Sec. 2151.417. (A) Any court that issues a dispositional 532
order pursuant to section 2151.353, 2151.414, or 2151.415 of the 533
Revised Code may review at any time the child's placement or 534
custody arrangement, the case plan prepared for the child 535
pursuant to section 2151.412 of the Revised Code, the actions of 536
the public children services agency or private child placing 537
agency in implementing that case plan, and any other aspects of 538
the child's placement or custody arrangement. In conducting the 539
review, the court shall determine the appropriateness of any 540
agency actions, the appropriateness of continuing the child's 541
placement or custody arrangement, and whether any changes should 542
be made with respect to the child's placement or custody 543
arrangement or with respect to the actions of the agency under 544
the child's placement or custody arrangement. Based upon the 545
evidence presented at a hearing held after notice to all parties 546
and the guardian ad litem of the child, the court may require the 547
agency, the parents, guardian, or custodian of the child, and the 548
physical custodians of the child to take any reasonable action 549
that the court determines is necessary and in the best interest 550
of the child or to discontinue any action that it determines is 551
not in the best interest of the child. 552
(B) If a court issues a dispositional order pursuant to 554
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the 555
court has continuing jurisdiction over the child as set forth in 556
division (E)(1) of section 2151.353 of the Revised Code. The 557
court may amend a dispositional order in accordance with division 558
(E)(2) of section 2151.353 of the Revised Code at any time upon 559
its own motion or upon the motion of any interested party. THE 561
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COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE IN
AMENDING ANY DISPOSITIONAL ORDER PURSUANT TO THIS DIVISION. 562
(C) Any court that issues a dispositional order pursuant 564
to section 2151.353, 2151.414, or 2151.415 of the Revised Code 565
shall hold a review hearing one year after the earlier of the 566
date on which the complaint in the case was filed or the child 567
was first placed into shelter care to review the case plan 568
prepared pursuant to section 2151.412 of the Revised Code and to 569
review the child's placement or custody arrangement. The court 570
shall schedule the review hearing at the time that it holds the 571
dispositional hearing pursuant to section 2151.35 of the Revised 572
Code. 573
The court shall hold a similar review hearing no later than 575
every twelve months after the initial review hearing until the 576
child is adopted, returned to the parents, or the court otherwise 578
terminates the child's placement or custody arrangement, except 579
that the dispositional hearing held pursuant to section 2151.415 580
of the Revised Code shall take the place of the first review 581
hearing to be held under this section. The court shall schedule 582
each subsequent review hearing at the conclusion of the review 583
hearing immediately preceding the review hearing to be scheduled. 584
(D) If, within fourteen days after a written summary of an 586
administrative review is filed with the court pursuant to section 587
2151.416 of the Revised Code, the court does not approve the 588
proposed change to the case plan filed pursuant to division (E) 590
of section 2151.416 of the Revised Code or a party or the 591
guardian ad litem requests a review hearing pursuant to division 593
(E) of that section, the court shall hold a review hearing in the 594
same manner that it holds review hearings pursuant to division 595
(C) of this section, except that if a review hearing is required 596
by this division and if a hearing is to be held pursuant to 597
division (C) of this section or section 2151.415 of the Revised 598
Code, the hearing held pursuant to division (C) of this section 599
or section 2151.415 of the Revised Code shall take the place of 600
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the review hearing required by this division. 601
(E) The court shall give notice of the review hearings 603
held pursuant to this section to every interested party, 604
including, but not limited to, the appropriate agency employees 605
who are responsible for the child's care and planning, the 606
child's parents, any person who had guardianship or legal custody 607
of the child prior to the custody order, the child's guardian ad 608
litem, and the child. The court shall summon every interested 609
party to appear at the review hearing and give them an 610
opportunity to testify and to present other evidence with respect 611
to the child's custody arrangement, including, but not limited 612
to, the case plan for the child, the actions taken by the child's 613
custodian, the need for a change in the child's custodian or 614
caseworker, or the need for any specific action to be taken with 615
respect to the child. The court shall require any interested 616
party to testify or present other evidence when necessary to a 617
proper determination of the issues presented at the review 618
hearing. 619
(F) After the review hearing, the court shall take the 621
following actions based upon the evidence presented: 622
(1) Determine whether the conclusions of the 624
administrative review are supported by a preponderance of the 625
evidence and approve or modify the case plan based upon that 626
evidence; 627
(2) If the child is in temporary custody, do all of the 629
following: 630
(a) Determine whether the child can and should be returned 632
home with or without an order for protective supervision; 633
(b) If the child can and should be returned home with or 635
without an order for protective supervision, terminate the order 636
for temporary custody; 637
(c) If the child cannot or should not be returned home 639
with an order for protective supervision, determine whether the 640
agency currently with custody of the child should retain custody 641
17
or whether another public children services agency, private child 642
placing agency, or an individual should be given custody of the 643
child. 644
THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED 646
CODE IN TAKING ANY ACTION UNDER THIS DIVISION. 647
(3) If the child is in permanent custody, determine what 649
actions are required by the custodial agency and of any other 650
organizations or persons in order to facilitate an adoption of 651
the child and make any appropriate orders with respect to the 652
custody arrangement or conditions of the child, including, but 653
not limited to, a transfer of permanent custody to another public 654
children services agency or private child placing agency; 655
(4) Journalize the terms of the updated case plan for the 657
child. 658
(G) The court may appoint a referee or a citizens review 660
board to conduct the review hearings that the court is required 661
by this section to conduct, subject to the review and approval by 662
the court of any determinations made by the referee or citizens 663
review board. If the court appoints a citizens review board to 664
conduct the review hearings, the board shall consist of one 665
member representing the general public and four members who are 666
trained or experienced in the care or placement of children and 667
have training or experience in the fields of medicine, 668
psychology, social work, education, or any related field. Of the 669
initial appointments to the board, two shall be for a term of one 670
year, two shall be for a term of two years, and one shall be for 671
a term of three years, with all the terms ending one year after 672
the date on which the appointment was made. Thereafter, all 673
terms of the board members shall be for three years and shall end 674
on the same day of the same month of the year as did the term 675
that they succeed. Any member appointed to fill a vacancy 676
occurring prior to the expiration of the term for which the 677
member's predecessor was appointed shall hold office for the 679
remainder of the term. 680
18
(H) A copy of the court's determination following any 682
review hearing held pursuant to this section shall be sent to the 683
custodial agency, the guardian ad litem of the child who is the 684
subject of the review hearing, and, if that child is not the 685
subject of a permanent commitment hearing, the parents of the 686
child. 687
(I) If the hearing held under this section takes the place 689
of an administrative review that otherwise would have been held 690
under section 2151.416 of the Revised Code, the court at the 691
hearing held under this section shall do all of the following in 692
addition to any other requirements of this section: 693
(1) Determine the continued necessity for and the 695
appropriateness of the child's placement; 696
(2) Determine the extent of compliance with the child's 698
case plan; 699
(3) Determine the extent of progress that has been made 701
toward alleviating or mitigating the causes necessitating the 702
child's placement in foster care; 703
(4) Project a likely date by which the child may be 705
returned home or placed for adoption or legal guardianship; 707
(5) Determine the future status of the child. 709
Sec. 2151.42. AT ANY HEARING IN WHICH A COURT IS ASKED TO 712
MODIFY OR TERMINATE AN ORDER OF DISPOSITION ISSUED UNDER SECTION
2151.353, 2151.415, OR 2151.417 OF THE REVISED CODE, THE COURT, 715
IN DETERMINING WHETHER TO RETURN THE CHILD TO THE CHILD'S 716
PARENTS, SHALL CONSIDER WHETHER IT IS IN THE BEST INTEREST OF THE 717
CHILD.
Section 2. That existing sections 2151.353, 2151.415, and 719
2151.417 of the Revised Code are hereby repealed. 720