As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. 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-SENATORS OELSLAGER-HOWARD 15
_________________________________________________________________ 17
A B I L L
To amend sections 181.26, 340.033, 2151.011, 19
2151.27, 2151.28, 2151.31, 2151.314, 2151.33, 20
2151.353, 2151.412, 2151.413, 2151.414, 2151.415,
2151.416, 2151.417, 2151.419, 3107.07, 3107.11, 21
3701.503, 5101.141, 5103.161, 5107.70, and 22
5153.16, to enact sections 340.15, 2151.3514, 24
2151.42, 2151.424, and 3793.051, and to repeal
section 5107.71 of the Revised Code to require a 25
court to consider the best interests of a child 26
when determining whether an abused, neglected, or 28
dependent child should be returned to the custody 29
of the child's parents; to require a notice of an 30
adoption to be given to the guardian or custodian 31
of the child; to extend to October 1, 1999, the 33
deadline for the State Criminal Sentencing
Commission's report of a comprehensive juvenile 34
justice plan to the General Assembly; to clarify 35
what is meant by reasonable efforts concerning 36
attempts to prevent the removal of a child from 37
the child's home and to return a child to the 38
home; to clarify when reasonable efforts must be 39
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made; to provide for boards of alcohol, drug 41
addiction, and mental health services to give a 42
priority to services to parents of children at 44
imminent risk of becoming abused or neglected due
to drug or alcohol addiction; to require the 45
Departments of Alcohol and Drug Addiction
Services and Human Services to establish a joint 46
plan to improve accessibility and timeliness of 47
alcohol and drug addiction services for certain
persons identified by public children services 48
agencies; to authorize the Department of Human 50
Services to join the Interstate Compact on
Adoption and Medical Assistance; and to bring 51
Ohio into compliance with federal standards
regarding the giving of preference to adult 53
relatives over nonrelative foster parents in
certain adoption contexts. 54
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 56
Section 1. That sections 181.26, 340.033, 2151.011, 58
2151.27, 2151.28, 2151.31, 2151.314, 2151.33, 2151.353, 2151.412, 59
2151.413, 2151.414, 2151.415, 2151.416, 2151.417, 2151.419, 60
3107.07, 3107.11, 3701.503, 5101.141, 5103.161, 5107.70, and 61
5153.16 be amended and sections 340.15, 2151.3514, 2151.42, 62
2151.424, and 3793.051 of the Revised Code be enacted to read as 63
follows:
Sec. 181.26. (A) In addition to its duties set forth in 72
sections 181.23 to 181.25 of the Revised Code, the state criminal 73
sentencing commission shall do all of the following: 74
(1) Review all statutes governing delinquent child, unruly 76
child, and juvenile traffic offender dispositions in this state; 77
(2) Review state and local resources, including facilities 79
and programs, used for delinquent child, unruly child, and 80
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juvenile traffic offender dispositions and profile the 81
populations of youthful offenders in the facilities and programs; 82
(3) Report to the general assembly no later than September 84
OCTOBER 1, 1998 1999, a comprehensive plan containing 86
recommendations based on the reviews required under divisions 88
(A)(1) and (2) of this section. The recommendations shall do all 89
of the following:
(a) Assist in the managing of the number of persons in, 91
and costs of, the facilities, the programs, and other resources 92
used in delinquent child, unruly child, and juvenile traffic 94
offender dispositions;
(b) Foster rehabilitation, public safety, sanctions, 96
accountability, and other reasonable goals; 97
(c) Provide greater certainty, proportionality, 99
uniformity, fairness, and simplicity in delinquent child, unruly 100
child, and juvenile traffic offender dispositions while retaining 101
reasonable judicial discretion;
(d) Provide for the restoration of victims of juvenile 103
offenses.
(B) The commission shall project the impact of the 105
comprehensive plan recommended by the commission under this 106
section on state and local resources used in delinquent child, 107
unruly child, and juvenile traffic offender dispositions. The 108
commission shall determine whether any additional facilities, 109
programs, or other resources are needed to implement the
comprehensive plan. 110
(C) If the general assembly enacts all or a substantial 112
part of the comprehensive plan recommended by the commission 113
under this section, the commission shall do all of the following: 114
(1) Assist in the implementation of the enacted plan; 116
(2) Monitor the operation of the plan, periodically report 118
to the general assembly on the plan's operation and the plan's 119
impact on resources used in delinquent child, unruly child, and 120
juvenile traffic offender dispositions, and periodically 121
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recommend changes in the plan to the general assembly based on 122
this monitoring;
(3) Review all bills that are introduced in the general 124
assembly that relate to delinquent child, unruly child, and 125
juvenile traffic offender dispositions and assist the general 126
assembly in making legislation consistent with the plan. 127
Sec. 340.033. (A) The board of alcohol, drug addiction, 137
and mental health services shall serve as the planning agency for 138
alcohol and drug addiction services for the county or counties in 139
its service district. In accordance with procedures and 140
guidelines established by the department of alcohol and drug 141
addiction services, the board shall do all of the following: 142
(1) Assess alcohol and drug addiction service needs and 144
evaluate the need for alcohol and drug addiction programs; 145
(2) According to the needs determined under division 147
(A)(1) of this section, set priorities and develop plans for the 148
operation of alcohol and drug addiction programs in cooperation 149
with other local and regional planning and funding bodies and 150
with relevant ethnic organizations; 151
(3) Submit the plan for alcohol and drug addiction 153
services required by section 3793.05 of the Revised Code to the 154
department and implement the plan as approved by the department; 155
(4) Provide to the department information to be included 157
in the information system established by the department under 158
section 3793.04 of the Revised Code; 159
(5) Enter into contracts with alcohol and drug addiction 161
programs for the provision of alcohol and drug addiction 162
services; 163
(6) Review and evaluate alcohol and drug addiction 165
programs in the district, and conduct program audits; 166
(7) Prepare and submit to the department an annual report 168
of the alcohol and drug addiction programs in the district; 169
(8) Receive, compile, and transmit to the department 171
applications for funding; 172
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(9) Promote, arrange, and implement working agreements 174
with public and private social agencies and with judicial 175
agencies; 176
(10) Investigate, or request another agency to 178
investigate, any complaint alleging abuse or neglect of any 179
person receiving services from an alcohol or drug addiction 180
program; 181
(11) Establish a mechanism for the involvement of persons 183
receiving services in, and obtaining their advice on, matters 184
pertaining to alcohol or drug addiction services; 185
(12) Recruit and promote local financial support, from 187
private and public sources, for alcohol and drug addiction 188
programs; 189
(13) Approve fee schedules and related charges, adopt a 191
unit cost schedule, or adopt other methods of payment for 192
services provided by programs under contract pursuant to division 193
(A)(5) of this section, in accordance with guidelines established 194
by the department under section 3793.04 of the Revised Code. 195
(B) In accordance with rules adopted by the auditor of 197
state pursuant to section 117.20 of the Revised Code, at least 198
annually the board shall audit all alcohol and drug addiction 199
programs provided under contract with the board. The board may 200
contract with private auditors for the performance of these 201
audits. A copy of the fiscal audit report shall be provided to 202
the director of alcohol and drug addiction services, the auditor 203
of state, and the county auditor of each county in the board's 204
district. 205
(C) In contracting with a program under division (A)(5) of 207
this section, a board shall consider the cost effectiveness of 208
services provided by the program and the program's quality and 209
continuity of care. The board may review cost elements, 210
including salary costs, of the services provided by the program. 211
A utilization review process shall be established as part 213
of the contract for services. The board may establish this 214
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process in any way that it considers to be the most effective and 215
efficient in meeting local needs. 216
(D) If either the board or a program with which it 218
contracts pursuant to division (A)(5) of this section proposes 219
not to renew the contract or proposes substantial changes in 220
contract terms on renewal of the contract, it shall give the 221
other party to the contract written notice at least one hundred 222
twenty days before the expiration date of the contract. During 223
the first sixty days of this period, both parties shall attempt 224
to resolve any dispute through good faith collaboration and 225
negotiation in order that services to persons in need will be 226
continued. If the dispute is not resolved during this time, 227
either party may notify the department of alcohol and drug 228
addiction services. The department may require both parties to 229
submit the dispute to a mutually agreed upon third party with the 230
cost to be shared by the board and the program. At least twenty 231
days before the expiration of the contract, unless the board and 232
the program agree to an extension, the third party shall issue to 233
the board, program, and department, its recommendations for 234
resolution of the dispute. 235
The department shall adopt rules pursuant to Chapter 119. 237
of the Revised Code establishing procedures for this dispute 238
resolution process. 239
(E) Section 307.86 of the Revised Code does not apply to 241
contracts entered into pursuant to division (A)(5) of this 242
section. 243
(F)(1) With the prior approval of the department, a board 245
of alcohol, drug addiction, and mental health services may 246
operate an alcohol or drug addiction program as follows if there 247
is no qualified program that is immediately available, willing to 248
provide services, and able to obtain certificaiton CERTIFICATION 250
under Chapter 3793. of the Revised Code:
(a) In an emergency situation, any board may operate a 252
program in order to provide essential services for the duration 253
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of the emergency; 254
(b) In a service district with a population of at least 256
one hundred thousand but less than five hundred thousand, a board 257
may operate a program for no longer than one year; 258
(c) In a service district with a population of less than 260
one hundred thousand, a board may operate a program for no longer 261
than one year, except that such a board may operate a program for 262
longer than one year with the prior approval of the department 263
and the prior approval of the board of county commissioners, or 264
of a majority of the boards of county commissioners if the 265
district is a joint-county district. 266
(2) The department shall not give a board its approval to 268
operate a program under division (F)(1)(c) of this section unless 269
it determines that the board's program will provide greater 270
administrative efficiency and more or better services than would 271
be available if the board contracted with a program for provision 272
of the services. 273
(3) The department shall not give a board its approval to 275
operate a program previously operated by a public or private 276
entity unless the board has established to the department's 277
satisfaction that the entity cannot effectively operate the 278
program, or that the entity has requested the board to take over 279
operation of the program. 280
(4) The department shall review and evaluate the operation 282
of each program operated by a board under this division. 283
(5) Nothing in this division authorizes a board to 285
administer or direct the daily operation of any program other 286
than a program operated by the board under this division, but a 287
program may contract with a board to receive administrative 288
services or staff direction from the board under the direction of 289
the governing body of the program. 290
(G) If an investigation conducted pursuant to division 292
(A)(10) of this section substantiates a charge of abuse or 293
neglect, the board shall take whatever action it determines is 294
8
necessary to correct the situation, including notification of the 295
appropriate authorities. On request, the board shall provide 296
information about such investigations to the department. 297
(H) WHEN THE BOARD SETS PRIORITIES AND DEVELOPS PLANS FOR 300
THE OPERATION OF ALCOHOL AND DRUG ADDICTION PROGRAMS UNDER 301
DIVISION (A)(2) OF THIS SECTION, THE BOARD SHALL CONSULT WITH THE 303
COUNTY COMMISSIONERS OF THE COUNTIES IN THE BOARD'S SERVICE 304
DISTRICT REGARDING THE SERVICES DESCRIBED IN SECTION 340.15 OF 305
THE REVISED CODE AND SHALL GIVE A PRIORITY TO THOSE SERVICES, 306
EXCEPT THAT THOSE SERVICES SHALL NOT HAVE PRIORITY OVER SERVICES 308
PROVIDED TO PREGNANT WOMEN UNDER PROGRAMS DEVELOPED IN RELATION 309
TO THE MANDATE ESTABLISHED IN SECTION 3793.15 OF THE REVISED 312
CODE. THE PLANS SHALL IDENTIFY FUNDS THE BOARD AND PUBLIC
CHILDREN SERVICES AGENCIES IN THE BOARD'S SERVICE DISTRICT HAVE 313
AVAILABLE TO FUND JOINTLY THE SERVICES DESCRIBED IN SECTION 314
340.15 OF THE REVISED CODE.
Sec. 340.15. (A) A PUBLIC CHILDREN SERVICES AGENCY THAT 317
IDENTIFIES A CHILD BY A RISK ASSESSMENT CONDUCTED PURSUANT TO 318
SECTION 5153.16 OF THE REVISED CODE AS BEING AT IMMINENT RISK OF 321
BEING ABUSED OR NEGLECTED BECAUSE OF AN ADDICTION OF A PARENT, 322
GUARDIAN, OR CUSTODIAN OF THE CHILD TO A DRUG OF ABUSE OR ALCOHOL 323
SHALL REFER THE CHILD'S ADDICTED PARENT, GUARDIAN, OR CUSTODIAN 325
AND, IF THE AGENCY DETERMINES THAT THE CHILD NEEDS ALCOHOL OR 326
OTHER DRUG ADDICTION SERVICES, THE CHILD TO AN ALCOHOL AND DRUG
ADDICTION PROGRAM CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG 327
ADDICTION SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE. A 329
PUBLIC CHILDREN SERVICES AGENCY THAT IS SENT A COURT ORDER ISSUED
PURSUANT TO DIVISION (B) OF SECTION 2151.3514 OF THE REVISED CODE 331
SHALL REFER THE ADDICTED PARENT OR OTHER CAREGIVER OF THE CHILD 332
IDENTIFIED IN THE COURT ORDER TO AN ALCOHOL AND DRUG ADDICTION 333
PROGRAM CERTIFIED BY THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION
SERVICES UNDER SECTION 3793.06 OF THE REVISED CODE. ON RECEIPT 335
OF A REFERRAL UNDER THIS DIVISION AND TO THE EXTENT FUNDING 336
IDENTIFIED UNDER DIVISION (A) OF SECTION 340.033 OF THE REVISED 337
9
CODE IS AVAILABLE, THE PROGRAM SHALL PROVIDE THE FOLLOWING 339
SERVICES TO THE ADDICTED PARENT, GUARDIAN, CUSTODIAN, OR
CAREGIVER AND CHILD IN NEED OF ALCOHOL OR OTHER DRUG SERVICES: 341
(1) IF IT IS DETERMINED PURSUANT TO AN INITIAL SCREENING 343
TO BE NEEDED, ASSESSMENT AND APPROPRIATE TREATMENT; 344
(2) DOCUMENTATION OF PROGRESS IN ACCORDANCE WITH A 346
TREATMENT PLAN DEVELOPED FOR THE ADDICTED PARENT, GUARDIAN, 348
CUSTODIAN, CAREGIVER, OR CHILD;
(3) IF THE REFERRAL IS BASED ON A COURT ORDER ISSUED 350
PURSUANT TO DIVISION (B) OF SECTION 2151.3514 OF THE REVISED CODE 352
AND THE ORDER REQUIRES THE SPECIFIED PARENT OR OTHER CAREGIVER OF 353
THE CHILD TO SUBMIT TO ALCOHOL OR OTHER DRUG TESTING DURING, 354
AFTER, OR BOTH DURING AND AFTER, TREATMENT, TESTING IN ACCORDANCE 355
WITH THE COURT ORDER.
(B) THE SERVICES DESCRIBED IN DIVISION (A) OF THIS SECTION 359
SHALL HAVE A PRIORITY AS PROVIDED IN THE ALCOHOL AND DRUG 360
ADDICTION SERVICES PLAN ESTABLISHED PURSUANT TO SECTION 340.033 361
OF THE REVISED CODE. ONCE A REFERRAL HAS BEEN RECEIVED PURSUANT 363
TO THIS SECTION, THE PUBLIC CHILDREN SERVICES AGENCY AND THE
ALCOHOL OR DRUG ADDICTION PROGRAM SHALL, IN ACCORDANCE WITH 42 365
C.F.R. PART 2, SHARE WITH EACH OTHER ANY INFORMATION CONCERNING 367
THE PERSONS AND SERVICES DESCRIBED IN THAT DIVISION THAT THE 368
AGENCY AND PROGRAM DETERMINE ARE NECESSARY TO SHARE. IF THE 369
REFERRAL IS BASED ON A COURT ORDER ISSUED PURSUANT TO DIVISION 371
(B) OF SECTION 2151.3514 OF THE REVISED CODE, THE RESULTS AND 373
RECOMMENDATIONS OF THE ALCOHOL AND DRUG ADDICTION PROGRAM ALSO
SHALL BE PROVIDED AND USED AS DESCRIBED IN DIVISION (D) OF THAT 375
SECTION. INFORMATION OBTAINED OR MAINTAINED BY THE AGENCY OR 377
PROGRAM PURSUANT TO THIS SECTION THAT COULD ENABLE THE 378
IDENTIFICATION OF ANY PERSON DESCRIBED IN DIVISION (A) OF THIS 379
SECTION IS NOT A PUBLIC RECORD SUBJECT TO INSPECTION OR COPYING 380
UNDER SECTION 149.43 OF THE REVISED CODE. 381
Sec. 2151.011. (A) As used in the Revised Code: 390
(1) "Juvenile court" means the division of the court of 392
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common pleas or a juvenile court separately and independently 393
created having jurisdiction under this chapter. 394
(2) "Juvenile judge" means a judge of a court having 396
jurisdiction under this chapter. 397
(3) "Private child placing agency" means any association, 399
as defined in section 5103.02 of the Revised Code, that is 400
certified pursuant to sections 5103.03 to 5103.05 of the Revised 401
Code to accept temporary, permanent, or legal custody of children 402
and place the children for either foster care or adoption. 403
(4) "Private noncustodial agency" means any person, 405
organization, association, or society certified by the department 406
of human services that does not accept temporary or permanent 407
legal custody of children, that is privately operated in this 408
state, and that does one or more of the following: 409
(a) Receives and cares for children for two or more 411
consecutive weeks; 412
(b) Participates in the placement of children in family 414
foster homes; 415
(c) Provides adoption services in conjunction with a 417
public children services agency or private child placing agency. 418
(B) As used in this chapter: 420
(1) "Adequate parental care" means the provision by a 422
child's parent or parents, guardian, or custodian of adequate 423
food, clothing, and shelter to ensure the child's health and 424
physical safety and the provision by a child's parent or parents 425
of specialized services warranted by the child's physical or 426
mental needs. 427
(2) "Adult" means an individual who is eighteen years of 429
age or older. 430
(3) "Agreement for temporary custody" means a voluntary 432
agreement authorized by section 5103.15 of the Revised Code that 434
transfers the temporary custody of a child to a public children 435
services agency or a private child placing agency. 436
(4) "Babysitting care" means care provided for a child 438
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while the parents, guardian, or legal custodian of the child are 439
temporarily away. 440
(5) "Certified family foster home" means a family foster 442
home operated by persons holding a certificate in force, issued 443
under section 5103.03 of the Revised Code. 444
(6)(a) "Child" means a person who is under eighteen years 447
of age, except as otherwise provided in divisions (B)(6)(b) to 448
(f) of this section. 449
(b) Subject to division (B)(6)(c) of this section, any 452
person who violates a federal or state law or municipal ordinance 453
prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the 454
complaint is filed or the hearing on the complaint is held. 455
(c) Any person who, while under eighteen years of age, 458
commits an act that would be a felony if committed by an adult 459
and who is not taken into custody or apprehended for that act
until after the person attains twenty-one years of age is not a 460
child in relation to that act. 461
(d) Any person whose case is transferred for criminal 463
prosecution pursuant to division (B) or (C) of section 2151.26 of 464
the Revised Code shall after the transfer be deemed not to be a 465
child in the transferred case. 466
(e) Subject to division (B)(6)(f) of this section, any 469
person whose case is transferred for criminal prosecution 470
pursuant to division (B) or (C) of section 2151.26 of the Revised 471
Code and who subsequently is convicted of or pleads guilty to a 472
felony in that case shall after the transfer be deemed not to be 474
a child in any case in which the person is alleged to have 476
committed prior to or subsequent to the transfer an act that 478
would be an offense if committed by an adult. Division (B)(6)(e) 479
of this section applies to a case regardless of whether the prior 482
or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in 483
the same county in which the case was transferred or in another 485
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county and regardless of whether the complaint in the case 486
involved was filed in the same county in which the case was 487
transferred or in another county. Division (B)(6)(e) of this 488
section applies to a case that involves an act committed prior to 489
the transfer only when the prior act alleged in the case has not 490
been disposed of by a juvenile court or trial court. 491
(f) Notwithstanding division (B)(6)(e) of this section, if 494
a person's case is transferred for criminal prosecution pursuant 495
to division (B) or (C) of section 2151.26 of the Revised Code and 496
if the person subsequently is convicted of or pleads guilty to a 497
felony in that case, thereafter, the person shall be considered a 498
child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if 499
committed by an adult: 500
(i) For purposes of the filing of a complaint alleging 502
that the child is a delinquent child for committing the act that 503
would be an offense if committed by an adult; 504
(ii) For purposes of the juvenile court conducting a 506
hearing under division (B) of section 2151.26 of the Revised Code 508
relative to the complaint described in division (B)(6)(f)(i) of 509
this section to determine whether division (B)(1) of section 510
2151.26 of the Revised Code applies and requires that the case be 512
transferred for criminal prosecution to the appropriate court 513
having jurisdiction of the offense.
(7) "Child day camp," "child day-care," "child day-care 515
center," "part-time child day-care center," "type A family 518
day-care home," "certified type B family day-care home," "type B 519
home," "administrator of a child day-care center," "administrator 521
of a type A family day-care home," "in-home aide," and 522
"authorized provider" have the same meanings as in section 523
5104.01 of the Revised Code.
(8) "Child day-care provider" means an individual who is a 526
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family 527
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day-care home, or an in-home aide or an individual who is 528
licensed, is regulated, is approved, operates under the direction 529
of, or otherwise is certified by the department of human 530
services, department of mental retardation and developmental 531
disabilities, or the early childhood programs of the department 532
of education. 533
(9) "Commit" means to vest custody as ordered by the 535
court. 536
(10) "Counseling" includes both of the following: 538
(a) General counseling services performed by a public 541
children services agency or shelter for victims of domestic 542
violence to assist a child, a child's parents, and a child's 543
siblings in alleviating identified problems that may cause or 545
have caused the child to be an abused, neglected, or dependent 546
child.
(b) Psychiatric or psychological therapeutic counseling 549
services provided to correct or alleviate any mental or emotional 551
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed under Chapter 4757. 553
of the Revised Code to engage in social work or professional 554
counseling.
(11) "Custodian" means a person who has legal custody of a 556
child or a public children services agency or private child 557
placing agency that has permanent, temporary, or legal custody of 558
a child. 559
(12) "Detention" means the temporary care of children 561
pending court adjudication or disposition, or execution of a 562
court order, in a public or private facility designed to 563
physically restrict the movement and activities of children. 564
(13) "Developmental disability" has the same meaning as in 567
section 5123.01 of the Revised Code. 568
(14) "Family foster home" means a private residence in 570
which children are received apart from their parents, guardian, 571
or legal custodian by an individual for hire, gain, or reward for 572
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nonsecure care, supervision, or training twenty-four hours a day. 573
"Family foster home" does not include babysitting care provided 574
for a child in the home of a person other than the home of the 575
parents, guardian, or legal custodian of the child. 576
(15) "Foster home" means a family home in which any child 578
is received apart from the child's parents for care, supervision, 579
or training. 581
(16) "Guardian" means a person, association, or 583
corporation that is granted authority by a probate court pursuant 584
to Chapter 2111. of the Revised Code to exercise parental rights 585
over a child to the extent provided in the court's order and 586
subject to the residual parental rights of the child's parents. 587
(17) "Legal custody" means a legal status that vests in 589
the custodian the right to have physical care and control of the 590
child and to determine where and with whom the child shall live, 591
and the right and duty to protect, train, and discipline the 593
child and to provide the child with food, shelter, education, and 594
medical care, all subject to any residual parental rights, 596
privileges, and responsibilities. An individual granted legal 597
custody shall exercise the rights and responsibilities personally 598
unless otherwise authorized by any section of the Revised Code or 599
by the court. 600
(18) "Long-term foster care" means an order of a juvenile 602
court pursuant to which both of the following apply: 603
(a) Legal custody of a child is given to a public children 605
services agency or a private child placing agency without the 606
termination of parental rights. 607
(b) The agency is permitted to make an appropriate 609
placement of the child and to enter into a written long-term 610
foster care agreement with a foster care provider or with another 611
person or agency with whom the child is placed. 612
(19) "Mental illness" and "mentally ill person subject to 615
hospitalization by court order" have the same meanings as in 616
section 5122.01 of the Revised Code. 617
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(20)(19) "Mental injury" means any behavioral, cognitive, 619
emotional, or mental disorder in a child caused by an act or 620
omission that is described in section 2919.22 of the Revised Code 621
and is committed by the parent or other person responsible for 623
the child's care.
(21)(20) "Mentally retarded person" has the same meaning 625
as in section 5123.01 of the Revised Code. 627
(22)(21) "Nonsecure care, supervision, or training" means 629
care, supervision, or training of a child in a facility that does 630
not confine or prevent movement of the child within the facility 631
or from the facility. 632
(23)(22) "Organization" means any institution, public, 634
semipublic, or private, and any private association, society, or 635
agency located or operating in the state, incorporated or 636
unincorporated, having among its functions the furnishing of 637
protective services or care for children, or the placement of 638
children in foster homes or elsewhere. 639
(24)(23) "Out-of-home care" means detention facilities, 641
shelter facilities, foster homes, certified foster homes, 642
placement in a prospective adoptive home prior to the issuance of 643
a final decree of adoption, organizations, certified 644
organizations, child day-care centers, type A family day-care 645
homes, child day-care provided by type B family day-care home 646
providers and by in-home aides, group home providers, group 647
homes, institutions, state institutions, residential facilities, 648
residential care facilities, residential camps, day camps, 649
hospitals, and medical clinics that are responsible for the care, 650
physical custody, or control of children. 651
(25)(24) "Out-of-home care child abuse" means any of the 653
following when committed by a person responsible for the care of 654
a child in out-of-home care: 655
(a) Engaging in sexual activity with a child in the 657
person's care; 658
(b) Denial to a child, as a means of punishment, of proper 660
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or necessary subsistence, education, medical care, or other care 661
necessary for a child's health; 662
(c) Use of restraint procedures on a child that cause 664
injury or pain; 665
(d) Administration of prescription drugs or psychotropic 667
medication to the child without the written approval and ongoing 668
supervision of a licensed physician; 669
(e) Commission of any act, other than by accidental means, 671
that results in any injury to or death of the child in 672
out-of-home care or commission of any act by accidental means 673
that results in an injury to or death of a child in out-of-home 674
care and that is at variance with the history given of the injury 675
or death.
(26)(25) "Out-of-home care child neglect" means any of the 677
following when committed by a person responsible for the care of 678
a child in out-of-home care: 679
(a) Failure to provide reasonable supervision according to 681
the standards of care appropriate to the age, mental and physical 682
condition, or other special needs of the child; 683
(b) Failure to provide reasonable supervision according to 685
the standards of care appropriate to the age, mental and physical 686
condition, or other special needs of the child, that results in 687
sexual or physical abuse of the child by any person; 688
(c) Failure to develop a process for all of the following: 690
(i) Administration of prescription drugs or psychotropic 692
drugs for the child; 693
(ii) Assuring that the instructions of the licensed 695
physician who prescribed a drug for the child are followed; 696
(iii) Reporting to the licensed physician who prescribed 698
the drug all unfavorable or dangerous side effects from the use 699
of the drug. 700
(d) Failure to provide proper or necessary subsistence, 702
education, medical care, or other individualized care necessary 703
for the health or well-being of the child; 704
17
(e) Confinement of the child to a locked room without 706
monitoring by staff; 707
(f) Failure to provide ongoing security for all 709
prescription and nonprescription medication; 710
(g) Isolation of a child for a period of time when there 712
is substantial risk that the isolation, if continued, will impair 713
or retard the mental health or physical well-being of the child. 714
(27)(26) "Permanent custody" means a legal status that 716
vests in a public children services agency or a private child 717
placing agency, all parental rights, duties, and obligations, 718
including the right to consent to adoption, and divests the 719
natural parents or adoptive parents of all parental rights, 720
privileges, and obligations, including all residual rights and 721
obligations.
(27) "PLANNED PERMANENT LIVING ARRANGEMENT" MEANS AN ORDER 724
OF A JUVENILE COURT PURSUANT TO WHICH BOTH OF THE FOLLOWING 725
APPLY:
(a) THE COURT GIVES LEGAL CUSTODY OF A CHILD TO A PUBLIC 727
CHILDREN SERVICES AGENCY OR A PRIVATE CHILD PLACING AGENCY 728
WITHOUT THE TERMINATION OF PARENTAL RIGHTS. 729
(b) THE ORDER PERMITS THE AGENCY TO MAKE AN APPROPRIATE 731
PLACEMENT OF THE CHILD AND TO ENTER INTO A WRITTEN AGREEMENT WITH 734
A FOSTER CARE PROVIDER OR WITH ANOTHER PERSON OR AGENCY WITH WHOM 735
THE CHILD IS PLACED.
(28) "Permanent surrender" means the act of the parents 737
or, if a child has only one parent, of the parent of a child, by 738
a voluntary agreement authorized by section 5103.15 of the 740
Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing 741
agency. 742
(29) "Person responsible for a child's care in out-of-home 744
care" means any of the following: 745
(a) Any foster parent, in-home aide, or provider; 747
(b) Any administrator, employee, or agent of any of the 749
18
following: a public or private detention facility; shelter 750
facility; organization; certified organization; child day-care 751
center; type A family day-care home; certified type B family 752
day-care home; group home; institution; state institution; 753
residential facility; residential care facility; residential 754
camp; day camp; hospital; or medical clinic; 755
(c) Any other person who performs a similar function with 757
respect to, or has a similar relationship to, children. 758
(30) "Physically impaired" means having one or more of the 761
following conditions that substantially limit one or more of an 762
individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and 763
self-direction:
(a) A substantial impairment of vision, speech, or 765
hearing;
(b) A congenital orthopedic impairment; 767
(c) An orthopedic impairment caused by disease, rheumatic 770
fever or any other similar chronic or acute health problem, or 771
amputation or another similar cause.
(31) "Placement for adoption" means the arrangement by a 773
public children services agency or a private child placing agency 774
with a person for the care and adoption by that person of a child 775
of whom the agency has permanent custody. 776
(32) "Placement in foster care" means the arrangement by a 779
public children services agency or a private child placing agency 780
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. 781
(33) "Practice of social work" and "practice of 783
professional counseling" have the same meanings as in section 784
4757.01 of the Revised Code. 785
(34) "Probation" means a legal status created by court 787
order following an adjudication that a child is a delinquent 788
child, a juvenile traffic offender, or an unruly child, whereby 789
the child is permitted to remain in the parent's, guardian's, or 790
19
custodian's home subject to supervision, or under the supervision 791
of any agency designated by the court and returned to the court 792
for violation of probation at any time during the period of 793
probation. 794
(35) "Protective supervision" means an order of 796
disposition pursuant to which the court permits an abused, 797
neglected, dependent, unruly, or delinquent child or a juvenile 798
traffic offender to remain in the custody of the child's parents, 799
guardian, or custodian and stay in the child's home, subject to 800
any conditions and limitations upon the child, the child's 802
parents, guardian, or custodian, or any other person that the 804
court prescribes, including supervision as directed by the court 805
for the protection of the child. 806
(36) "Psychiatrist" has the same meaning as in section 808
5122.01 of the Revised Code. 809
(37) "Psychologist" has the same meaning as in section 811
4732.01 of the Revised Code. 812
(38) "Residential camp" means a program in which the care, 814
physical custody, or control of children is accepted overnight 816
for recreational or recreational and educational purposes. 817
(39) "Residential care facility" means an institution, 819
residence, or facility that is licensed by the department of 820
mental health under section 5119.22 of the Revised Code and that 821
provides care for a child. 822
(40) "Residential facility" means a home or facility that 824
is licensed by the department of mental retardation and 825
developmental disabilities under section 5123.19 of the Revised 826
Code and in which a child with a developmental disability 827
resides. 828
(41) "Residual parental rights, privileges, and 830
responsibilities" means those rights, privileges, and 831
responsibilities remaining with the natural parent after the 832
transfer of legal custody of the child, including, but not 833
necessarily limited to, the privilege of reasonable visitation, 834
20
consent to adoption, the privilege to determine the child's 835
religious affiliation, and the responsibility for support. 836
(42) "Secure correctional facility" means a facility under 839
the direction of the department of youth services that is
designed to physically restrict the movement and activities of 840
children and used for the placement of children after 841
adjudication and disposition.
(43) "Sexual activity" has the same meaning as in section 843
2907.01 of the Revised Code. 844
(44) "Shelter" means the temporary care of children in 846
physically unrestricted facilities pending court adjudication or 847
disposition. 848
(45) "Shelter for victims of domestic violence" has the 850
same meaning as in section 3113.33 of the Revised Code. 851
(46) "Temporary custody" means legal custody of a child 853
who is removed from the child's home, which custody may be 854
terminated at any time at the discretion of the court or, if the 856
legal custody is granted in an agreement for temporary custody, 857
by the person who executed the agreement. 858
(C) FOR THE PURPOSES OF THIS CHAPTER, A CHILD SHALL BE 860
PRESUMED ABANDONED WHEN THE PARENTS OF THE CHILD HAVE FAILED TO 861
VISIT OR MAINTAIN CONTACT WITH THE CHILD FOR MORE THAN NINETY 862
DAYS, REGARDLESS OF WHETHER THE PARENTS RESUME CONTACT WITH THE 863
CHILD AFTER THAT PERIOD OF NINETY DAYS. 864
Sec. 2151.27. (A) Any person having knowledge of a child 873
who appears to be a juvenile traffic offender or to be a 874
delinquent, unruly, abused, neglected, or dependent child may 875
file a sworn complaint with respect to that child in the juvenile 876
court of the county in which the child has a residence or legal 877
settlement or in which the traffic offense, delinquency, 878
unruliness, abuse, neglect, or dependency allegedly occurred. If 879
an alleged abused, neglected, or dependent child is taken into 880
custody pursuant to division (D) of section 2151.31 of the 881
Revised Code or is taken into custody pursuant to division (A) of 883
21
section 2151.31 of the Revised Code without the filing of a
complaint and placed into shelter care pursuant to division (C) 884
of that section, a sworn complaint shall be filed with respect to 886
the child before the end of the next day after the day on which 887
the child was taken into custody. The sworn complaint may be 888
upon information and belief, and, in addition to the allegation 889
that the child is a delinquent, unruly, abused, neglected, or 890
dependent child or a juvenile traffic offender, the complaint 891
shall allege the particular facts upon which the allegation that 892
the child is a delinquent, unruly, abused, neglected, or 893
dependent child or a juvenile traffic offender is based. 894
(B) If a child, before arriving at the age of eighteen 896
years, allegedly commits an act for which the child may be 897
adjudicated a delinquent child, an unruly child, or a juvenile 898
traffic offender and if the specific complaint alleging the act 899
is not filed or a hearing on that specific complaint is not held 900
until after the child arrives at the age of eighteen years, the 901
court has jurisdiction to hear and dispose of the complaint as if 902
the complaint were filed and the hearing held before the child 903
arrived at the age of eighteen years. 904
(C) If the complainant in a case in which a child is 906
alleged to be an abused, neglected, or dependent child desires 907
permanent custody of the child or children, temporary custody of 908
the child or children, whether as the preferred or an alternative 909
disposition, or the placement of the child in long-term foster 910
care A PLANNED PERMANENT LIVING ARRANGEMENT, the complaint shall 911
contain a prayer specifically requesting permanent custody, 913
temporary custody, or the placement of the child in long-term 914
foster care A PLANNED PERMANENT LIVING ARRANGEMENT. 915
(D) For purposes of the record to be maintained by the 917
clerk under division (B) of section 2151.18 of the Revised Code, 918
when a complaint is filed that alleges that a child is a 919
delinquent child, the court shall determine if the victim of the 920
alleged delinquent act was sixty-five years of age or older or 921
22
permanently and totally disabled at the time of the alleged 922
commission of the act. 923
(E) Any person with standing under applicable law may file 925
a complaint for the determination of any other matter over which 926
the juvenile court is given jurisdiction by section 2151.23 of 927
the Revised Code. The complaint shall be filed in the county in 928
which the child who is the subject of the complaint is found or 929
was last known to be found. 930
(F) Within ten days after the filing of a complaint, the 932
court shall give written notice of the filing of the complaint 933
and of the substance of the complaint to the superintendent of a 934
city, local, exempted village, or joint vocational school 935
district if the complaint alleges that a child committed an act 936
that would be a criminal offense if committed by an adult, that 938
the child was sixteen years of age or older at the time of the 939
commission of the alleged act, and that the alleged act is any of 940
the following:
(1) A violation of section 2923.122 of the Revised Code 942
that relates to property owned or controlled by, or to an 943
activity held under the auspices of, the board of education of 944
that school district; 945
(2) A violation of section 2923.12 of the Revised Code, of 947
a substantially similar municipal ordinance, or of section 948
2925.03 of the Revised Code that was committed on property owned 949
or controlled by, or at an activity held under the auspices of, 950
the board of education of that school district; 951
(3) A violation of section 2925.11 of the Revised Code 953
that was committed on property owned or controlled by, or at an 954
activity held under the auspices of, the board of education of 955
that school district, other than a violation of that section that 956
would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; 957
(4) A violation of section 2903.01, 2903.02, 2903.03, 959
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the Revised 961
23
Code, or a violation of former section 2907.12 of the Revised
Code, that was committed on property owned or controlled by, or 963
at an activity held under the auspices of, the board of education 964
of that school district, if the victim at the time of the 965
commission of the alleged act was an employee of the board of
education of that school district. 966
(5) Complicity in any violation described in division 968
(F)(1), (2), (3), or (4) of this section that was alleged to have 969
been committed in the manner described in division (F)(1), (2), 970
(3), or (4) of this section, regardless of whether the act of 971
complicity was committed on property owned or controlled by, or 972
at an activity held under the auspices of, the board of education 973
of that school district. 974
(G) A public children services agency, acting pursuant to 976
a complaint or an action on a complaint filed under this section, 977
is not subject to the requirements of section 3109.27 of the 978
Revised Code.
Sec. 2151.28. (A) No later than seventy-two hours after 987
the complaint is filed, the court shall fix a time for an 989
adjudicatory hearing. The court shall conduct the adjudicatory 990
hearing within one of the following periods of time: 991
(1) If the complaint alleged that the child is a 993
delinquent or unruly child or a juvenile traffic offender, the 994
adjudicatory hearing shall be held and may be continued in 995
accordance with the Juvenile Rules. 996
(2) If the complaint alleged that the child is an abused, 998
neglected, or dependent child, the adjudicatory hearing shall be 999
held no later than thirty days after the complaint is filed, 1,000
except that, for good cause shown, the court may continue the 1,001
adjudicatory hearing for either of the following periods of time: 1,002
(a) For ten days beyond the thirty-day deadline to allow 1,004
any party to obtain counsel; 1,005
(b) For a reasonable period of time beyond the thirty-day 1,007
deadline to obtain service on all parties or any necessary 1,008
24
evaluation, except that the adjudicatory hearing shall not be 1,009
held later than sixty days after the date on which the complaint 1,010
was filed. 1,011
(B) At an adjudicatory hearing held pursuant to division 1,013
(A)(2) of this section, the court, in addition to determining 1,014
whether the child is an abused, neglected, or dependent child, 1,015
shall determine whether the child should remain or be placed in 1,016
shelter care until the dispositional hearing. When the court 1,017
makes the shelter care determination, all of the following apply: 1,018
(1) The court shall determine whether there are any 1,020
relatives of the child who are willing to be temporary custodians 1,021
of the child. If any relative is willing to be a temporary 1,022
custodian, the child otherwise would remain or be placed in 1,023
shelter care, and the appointment is appropriate, the court shall 1,024
appoint the relative as temporary custodian of the child, unless 1,025
the court appoints another relative as custodian. If it 1,026
determines that the appointment of a relative as custodian would 1,027
not be appropriate, it shall issue a written opinion setting 1,028
forth the reasons for its determination and give a copy of the 1,029
opinion to all parties and the guardian ad litem of the child. 1,030
The court's consideration of a relative for appointment as 1,032
a temporary custodian does not make that relative a party to the 1,033
proceedings. 1,034
(2) The court shall make the determination and issue the 1,036
written finding of facts required by COMPLY WITH section 2151.419 1,037
of the Revised Code. 1,038
(3) The court shall schedule the date for the 1,040
dispositional hearing to be held pursuant to section 2151.35 of 1,041
the Revised Code. The parents of the child have a right to be 1,042
represented by counsel; however, in no case shall the 1,043
dispositional hearing be held later than ninety days after the 1,044
date on which the complaint was filed. 1,045
(C) The court shall direct the issuance of a summons 1,047
directed to the child except as provided by this section, the 1,048
25
parents, guardian, custodian, or other person with whom the child 1,049
may be, and any other persons that appear to the court to be 1,050
proper or necessary parties to the proceedings, requiring them to 1,051
appear before the court at the time fixed to answer the 1,052
allegations of the complaint. The summons shall contain the name 1,053
and telephone number of the court employee designated by the 1,054
court pursuant to section 2151.314 of the Revised Code to arrange 1,055
for the prompt appointment of counsel for indigent persons. A 1,056
child alleged to be an abused, neglected, or dependent child 1,057
shall not be summoned unless the court so directs. A summons 1,058
issued for a child who is under fourteen years of age and who is 1,059
alleged to be a delinquent child, unruly child, or a juvenile 1,060
traffic offender shall be served on the parent, guardian, or 1,061
custodian of the child in the child's behalf. 1,062
If the person who has physical custody of the child, or 1,064
with whom the child resides, is other than the parent or 1,065
guardian, then the parents and guardian also shall be summoned. 1,066
A copy of the complaint shall accompany the summons. 1,067
(D) If the complaint contains a prayer for permanent 1,069
custody, temporary custody, whether as the preferred or an 1,070
alternative disposition, or long-term foster care A PLANNED 1,071
PERMANENT LIVING ARRANGEMENT in a case involving an alleged 1,073
abused, neglected, or dependent child, the summons served on the 1,074
parents shall contain as is appropriate an explanation that the 1,075
granting of permanent custody permanently divests the parents of 1,076
their parental rights and privileges, an explanation that an 1,077
adjudication that the child is an abused, neglected, or dependent 1,078
child may result in an order of temporary custody that will cause 1,079
the removal of the child from their legal custody until the court 1,080
terminates the order of temporary custody or permanently divests 1,081
the parents of their parental rights, or an explanation that the 1,082
issuance of an order for long-term foster care A PLANNED 1,083
PERMANENT LIVING ARRANGEMENT will cause the removal of the child 1,084
from the legal custody of the parents if any of the conditions 1,085
26
listed in divisions (A)(5)(a) to (c) of section 2151.353 of the 1,086
Revised Code are found to exist. 1,087
(E) The court may endorse upon the summons an order 1,089
directing the parents, guardian, or other person with whom the 1,090
child may be to appear personally at the hearing and directing 1,091
the person having the physical custody or control of the child to 1,092
bring the child to the hearing. 1,093
(F)(1) The summons shall contain a statement advising that 1,095
any party is entitled to counsel in the proceedings and that the 1,096
court will appoint counsel or designate a county public defender 1,097
or joint county public defender to provide legal representation 1,098
if the party is indigent. 1,099
(2) In cases in which the complaint alleges a child to be 1,101
an abused, neglected, or dependent child and no hearing has been 1,102
conducted pursuant to division (A) of section 2151.314 of the 1,103
Revised Code with respect to the child or a parent, guardian, or 1,104
custodian of the child does not attend the hearing, the summons 1,105
also shall contain a statement advising that a case plan may be 1,106
prepared for the child, the general requirements usually
contained in case plans, and the possible consequences of failure 1,107
to comply with a journalized case plan. 1,108
(G) If it appears from an affidavit filed or from sworn 1,110
testimony before the court that the conduct, condition, or 1,111
surroundings of the child are endangering the child's health or 1,113
welfare or those of others, that the child may abscond or be
removed from the jurisdiction of the court, or that the child 1,114
will not be brought to the court, notwithstanding the service of 1,116
the summons, the court may endorse upon the summons an order that 1,117
a law enforcement officer serve the summons and take the child 1,118
into immediate custody and bring the child forthwith to the 1,119
court.
(H) A party, other than the child, may waive service of 1,121
summons by written stipulation. 1,122
(I) Before any temporary commitment is made permanent, the 1,124
27
court shall fix a time for hearing in accordance with section 1,125
2151.414 of the Revised Code and shall cause notice by summons to 1,126
be served upon the parent or guardian of the child and the 1,127
guardian ad litem of the child, or published, as provided in 1,128
section 2151.29 of the Revised Code. The summons shall contain 1,129
an explanation that the granting of permanent custody permanently 1,130
divests the parents of their parental rights and privileges. 1,131
(J) Any person whose presence is considered necessary and 1,133
who is not summoned may be subpoenaed to appear and testify at 1,134
the hearing. Any one ANYONE summoned or subpoenaed to appear who 1,136
fails to do so may be punished, as in other cases in the court of 1,137
common pleas, for contempt of court. Persons subpoenaed shall be 1,138
paid the same witness fees as are allowed in the court of common 1,139
pleas. 1,140
(K) The failure of the court to hold an adjudicatory 1,142
hearing within any time period set forth in division (A)(2) of 1,143
this section does not affect the ability of the court to issue 1,144
any order under this chapter and does not provide any basis for 1,145
attacking the jurisdiction of the court or the validity of any 1,146
order of the court. 1,147
(L) If the court, at an adjudicatory hearing held pursuant 1,149
to division (A) of this section upon a complaint alleging that a 1,150
child is an abused, neglected, dependent, delinquent, or unruly 1,151
child or a juvenile traffic offender, determines that the child 1,152
is a dependent child, the court shall incorporate that 1,153
determination into written findings of fact and conclusions of 1,154
law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in those 1,156
findings of fact and conclusions of law specific findings as to
the existence of any danger to the child and any underlying 1,157
family problems that are the basis for the court's determination 1,158
that the child is a dependent child. 1,159
Sec. 2151.31. (A) A child may be taken into custody in 1,169
any of the following ways: 1,170
28
(1) Pursuant to an order of the court under this chapter; 1,172
(2) Pursuant to the laws of arrest; 1,174
(3) By a law enforcement officer or duly authorized 1,176
officer of the court when any of the following conditions are 1,177
present: 1,178
(a) There are reasonable grounds to believe that the child 1,180
is suffering from illness or injury and is not receiving proper 1,181
care, as described in section 2151.03 of the Revised Code, and 1,182
the child's removal is necessary to prevent immediate or 1,183
threatened physical or emotional harm; 1,185
(b) There are reasonable grounds to believe that the child 1,187
is in immediate danger from the child's surroundings and that the 1,189
child's removal is necessary to prevent immediate or threatened 1,190
physical or emotional harm; 1,191
(c) There are reasonable grounds to believe that a parent, 1,193
guardian, custodian, or other household member of the child's 1,194
household has abused or neglected another child in the household 1,195
and to believe that the child is in danger of immediate or 1,196
threatened physical or emotional harm from that person. 1,197
(4) By an enforcement official, as defined in section 1,199
4109.01 of the Revised Code, under the circumstances set forth in 1,200
section 4109.08 of the Revised Code; 1,201
(5) By a law enforcement officer or duly authorized 1,203
officer of the court when there are reasonable grounds to believe 1,204
that the child has run away from the child's parents, guardian, 1,206
or other custodian; 1,207
(6) By a law enforcement officer or duly authorized 1,209
officer of the court when any of the following apply: 1,210
(a) There are reasonable grounds to believe that the 1,212
conduct, conditions, or surroundings of the child are endangering 1,213
the health, welfare, or safety of the child;. 1,214
(b) A complaint has been filed with respect to the child 1,216
under section 2151.27 of the Revised Code and there are 1,217
reasonable grounds to believe that the child may abscond or be 1,218
29
removed from the jurisdiction of the court;. 1,219
(c) The child is required to appear in court and there are 1,221
reasonable grounds to believe that the child will not be brought 1,222
before the court when required. 1,223
(B)(1) The taking of a child into custody is not and shall 1,225
not be deemed an arrest except for the purpose of determining its 1,226
validity under the constitution of this state or of the United 1,227
States. 1,228
(2) Except as provided in division (C) of section 2151.311 1,230
of the Revised Code, a child taken into custody shall not be held 1,231
in any state correctional institution, county, multicounty, or 1,233
municipal jail or workhouse, or any other place where any adult 1,234
convicted of crime, under arrest, or charged with crime is held. 1,235
(C) A child taken into custody shall not be confined in a 1,237
place of juvenile detention or placed in shelter care prior to 1,238
the implementation of the court's final order of disposition, 1,239
unless detention or shelter care is required to protect the child 1,241
from immediate or threatened physical or emotional harm, because 1,242
the child may abscond or be removed from the jurisdiction of the 1,243
court, because the child has no parents, guardian, or custodian 1,244
or other person able to provide supervision and care for the 1,245
child and return the child to the court when required, or because 1,246
an order for placement of the child in detention or shelter care 1,247
has been made by the court pursuant to this chapter. 1,248
(D) Upon receipt of notice from a person that the person 1,250
intends to take an alleged abused, neglected, or dependent child 1,251
into custody pursuant to division (A)(3) of this section, a 1,252
juvenile judge or a designated referee may grant by telephone an 1,253
ex parte emergency order authorizing the taking of the child into 1,254
custody if there is probable cause to believe that any of the 1,255
conditions set forth in divisions (A)(3)(a) to (c) of this 1,256
section are present. The judge or referee shall journalize any 1,257
ex parte emergency order issued pursuant to this division. If an 1,258
order is issued pursuant to this division and the child is taken 1,259
30
into custody pursuant to the order, a sworn complaint shall be 1,260
filed with respect to the child before the end of the next 1,261
business day after the day on which the child is taken into 1,262
custody and a hearing shall be held pursuant to division (E) of 1,263
this section and the Juvenile Rules. A juvenile judge or referee 1,264
shall not grant an emergency order by telephone pursuant to this 1,265
division until after the judge or referee determines that 1,266
reasonable efforts have been made to notify the parents, 1,268
guardian, or custodian of the child that the child may be placed 1,269
into shelter care and of the reasons for placing the child into 1,270
shelter care, except that, if the requirement for notification 1,271
would jeopardize the physical or emotional safety of the child or 1,272
result in the child being removed from the court's jurisdiction, 1,273
the judge or referee may issue the order for taking the child 1,274
into custody and placing the child into shelter care prior to 1,275
giving notice to the parents, guardian, or custodian of the 1,276
child.
(E) If a judge or referee pursuant to division (D) of this 1,278
section issues an ex parte emergency order for taking a child 1,279
into custody, the court shall hold a hearing to determine whether 1,280
there is probable cause for the emergency order. The hearing 1,281
shall be held before the end of the next business day after the 1,282
day on which the emergency order is issued, except that it shall 1,283
not be held later than seventy-two hours after the emergency 1,284
order is issued. 1,285
If the court determines at the hearing that there is not 1,287
probable cause for the issuance of the emergency order issued 1,288
pursuant to division (D) of this section, it shall order the 1,289
child released to the custody of the child's parents, guardian, 1,291
or custodian. If the court determines at the hearing that there 1,292
is probable cause for the issuance of the emergency order issued 1,293
pursuant to division (D) of this section, the court shall do all 1,294
BOTH of the following: 1,296
(1) Ensure that a complaint is filed or has been filed; 1,298
31
(2) Hold a hearing pursuant to section 2151.314 of the 1,300
Revised Code to determine if the child should remain in shelter 1,301
care; 1,302
(3) At the hearing held pursuant to section 2151.314 of 1,304
the Revised Code, make the determination and issue the written 1,305
finding of facts required by section 2151.419 of the Revised 1,307
Code.
(F) If the court determines at the hearing held pursuant 1,309
to division (E) of this section that there is probable cause to 1,310
believe that the child is an abused child, as defined in division 1,311
(A) of section 2151.031 of the Revised Code, the court may do any 1,312
of the following: 1,313
(1) Upon the motion of any party, the guardian ad litem, 1,315
the prosecuting attorney, or an employee of the public children 1,316
services agency, or its own motion, issue reasonable protective 1,320
orders with respect to the interviewing or deposition of the 1,321
child;
(2) Order that the child's testimony be videotaped for 1,323
preservation of the testimony for possible use in any other 1,324
proceedings in the case; 1,325
(3) Set any additional conditions with respect to the 1,327
child or the case involving the child that are in the best 1,328
interest of the child. 1,329
(G) This section is not intended, and shall not be 1,331
construed, to prevent any person from taking a child into 1,332
custody, if taking the child into custody is necessary in an 1,333
emergency to prevent the physical injury, emotional harm, or 1,334
neglect of the child. 1,335
Sec. 2151.314. (A) When a child is brought before the 1,344
court or delivered to a place of detention or shelter care 1,345
designated by the court, the intake or other authorized officer 1,346
of the court shall immediately make an investigation and shall 1,347
release the child unless it appears that the child's detention or 1,348
shelter care is warranted or required under section 2151.31 of 1,349
32
the Revised Code. 1,350
If the child is not so released, a complaint under section 1,352
2151.27 of the Revised Code shall be filed and an informal 1,353
detention or shelter care hearing held promptly, not later than 1,354
seventy-two hours after the child is placed in detention or 1,355
shelter care, to determine whether detention or shelter care is 1,356
required. Reasonable oral or written notice of the time, place, 1,357
and purpose of the detention or shelter care hearing shall be 1,358
given to the child and, if they can be found, to the child's 1,359
parents, guardian, or custodian. In cases in which the complaint 1,360
alleges a child to be an abused, neglected, or dependent child, 1,361
the notice given the parents, guardian, or custodian shall inform 1,362
them that a case plan may be prepared for the child, the general 1,363
requirements usually contained in case plans, and the possible 1,364
consequences of the failure to comply with a journalized case
plan. 1,365
Prior to the hearing, the court shall inform the parties of 1,368
their right to counsel and to appointed counsel or to the 1,369
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 1,370
silent with respect to any allegation of delinquency, and of the 1,371
name and telephone number of a court employee who can be 1,372
contacted during the normal business hours of the court to 1,373
arrange for the prompt appointment of counsel for any party who 1,374
is indigent. Unless it appears from the hearing that the child's 1,375
detention or shelter care is required under the provisions of 1,376
section 2151.31 of the Revised Code, the court shall order the 1,377
child's release as provided by section 2151.311 of the Revised 1,378
Code. If a parent, guardian, or custodian has not been so 1,379
notified and did not appear or waive appearance at the hearing, 1,380
upon the filing of an affidavit stating these facts, the court 1,381
shall rehear the matter without unnecessary delay. 1,382
(B) When the court conducts a hearing pursuant to division 1,384
(A) of this section, all BOTH of the following apply: 1,385
33
(1) The court shall determine whether an alleged abused, 1,387
neglected, or dependent child should remain or be placed in 1,388
shelter care; 1,389
(2) The court shall determine whether there are any 1,391
relatives of the child who are willing to be temporary custodians 1,393
of the child. If any relative is willing to be a temporary 1,394
custodian, the child would otherwise be placed or retained in 1,395
shelter care, and the appointment is appropriate, the court shall 1,396
appoint the relative as temporary custodian of the child, unless 1,397
the court appoints another relative as temporary custodian. If 1,398
it determines that the appointment of a relative as custodian 1,399
would not be appropriate, it shall issue a written opinion 1,400
setting forth the reasons for its determination and give a copy 1,401
of the opinion to all parties and to the guardian ad litem of the 1,402
child.
The court's consideration of a relative for appointment as 1,404
a temporary custodian does not make that relative a party to the 1,405
proceedings. 1,406
(3) The court shall make the determination and issue the 1,408
written finding of facts required by section 2151.419 of the 1,410
Revised Code.
(C) If a child is in shelter care following the filing of 1,412
a complaint pursuant to section 2151.27 of the Revised Code or 1,413
following a hearing held pursuant to division (A) of this 1,414
section, any party, including the public children services 1,415
agency, and the guardian ad litem of the child may file a motion 1,417
with the court requesting that the child be released from shelter 1,418
care. The motion shall state the reasons why the child should be 1,419
released from shelter care and, if a hearing has been held 1,420
pursuant to division (A) of this section, any changes in the 1,421
situation of the child or the parents, guardian, or custodian of 1,422
the child that have occurred since that hearing and that justify 1,423
the release of the child from shelter care. Upon the filing of 1,424
the motion, the court shall hold a hearing in the same manner as 1,425
34
under division (A) of this section.
(D) Each juvenile court shall designate one court employee 1,427
to assist persons who are indigent in obtaining appointed 1,428
counsel. The court shall include in each notice given pursuant 1,429
to division (A) or (C) of this section and in each summons served 1,430
upon a party pursuant to this chapter, the name and telephone 1,431
number at which the designated employee can be contacted during 1,432
the normal business hours of the court to arrange for prompt 1,433
appointment of counsel for indigent persons. 1,434
Sec. 2151.33. (A) Pending hearing of a complaint filed 1,444
under section 2151.27 of the Revised Code or a motion filed or 1,445
made under division (B) of this section and the service of 1,446
citations, the juvenile court may make any temporary disposition 1,447
of any child that it considers necessary to protect the best 1,448
interest of the child and that can be made pursuant to division 1,449
(B) of this section. Upon the certificate of one or more 1,450
reputable practicing physicians, the court may summarily provide 1,451
for emergency medical and surgical treatment that appears to be 1,452
immediately necessary to preserve the health and well-being of 1,453
any child concerning whom a complaint or an application for care 1,454
has been filed, pending the service of a citation upon the 1,455
child's parents, guardian, or custodian. The court may order the 1,456
parents, guardian, or custodian, if the court finds the parents, 1,457
guardian, or custodian able to do so, to reimburse the court for 1,458
the expense involved in providing the emergency medical or 1,459
surgical treatment. Any person who disobeys the order for 1,460
reimbursement may be adjudged in contempt of court and punished 1,461
accordingly. 1,462
If the emergency medical or surgical treatment is furnished 1,464
to a child who is found at the hearing to be a nonresident of the 1,465
county in which the court is located and if the expense of the 1,466
medical or surgical treatment cannot be recovered from the 1,467
parents, legal guardian, or custodian of the child, the board of 1,468
county commissioners of the county in which the child has a legal 1,469
35
settlement shall reimburse the court for the reasonable cost of 1,470
the emergency medical or surgical treatment out of its general 1,471
fund. 1,472
(B)(1) After a complaint, petition, writ, or other 1,474
document initiating a case dealing with an alleged or adjudicated 1,475
abused, neglected, or dependent child is filed and upon the 1,476
filing or making of a motion pursuant to division (C) of this 1,477
section, the court, prior to the final disposition of the case, 1,478
may issue any of the following temporary orders to protect the 1,479
best interest of the child: 1,480
(a) An order granting temporary custody of the child to a 1,482
particular party; 1,483
(b) An order for the taking of the child into custody 1,485
pursuant to section 2151.31 of the Revised Code pending the 1,486
outcome of the adjudicatory and dispositional hearings; 1,487
(c) An order granting, limiting, or eliminating visitation 1,489
rights with respect to the child; 1,490
(d) An order requiring a party to vacate a residence that 1,493
will be lawfully occupied by the child; 1,494
(e) An order requiring a party to attend an appropriate 1,496
counseling program that is reasonably available to that party; 1,497
(f) Any other order that restrains or otherwise controls 1,499
the conduct of any party which conduct would not be in the best 1,500
interest of the child. 1,501
(2) Prior to the final disposition of a case subject to 1,503
division (B)(1) of this section, the court shall do both of the 1,504
following:
(a) Issue an order pursuant to sections 3113.21 to 1,506
3113.219 of the Revised Code requiring the parents, guardian, or 1,507
person charged with the child's support to pay support for the 1,509
child.
(b) Issue an order requiring the parents, guardian, or 1,511
person charged with the child's support to continue to maintain 1,512
any health insurance coverage for the child that existed at the 1,513
36
time of the filing of the complaint, petition, writ, or other 1,514
document, or to obtain health insurance coverage in accordance 1,515
with section 3113.217 of the Revised Code. 1,517
(C)(1) A court may issue an order pursuant to division (B) 1,519
of this section upon its own motion or if a party files a written 1,521
motion or makes an oral motion requesting the issuance of the 1,522
order and stating the reasons for it. Any notice sent by the 1,523
court as a result of a motion pursuant to this division shall 1,524
contain a notice that any party to a juvenile proceeding has the 1,525
right to be represented by counsel and to have appointed counsel 1,527
if the person is indigent.
(2) If a child is taken into custody pursuant to section 1,529
2151.31 of the Revised Code and placed in shelter care, the 1,530
public children services agency or private child placing agency 1,531
with which the child is placed in shelter care shall file or make 1,532
a motion as described in division (C)(1) of this section before 1,533
the end of the next day immediately after the date on which the 1,535
child was taken into custody and, at a minimum, shall request an 1,536
order for temporary custody under division (B)(1)(a) of this 1,537
section.
(3) Any court that issues an order pursuant to division 1,539
(B)(1)(b) of this section shall make the determination and issue 1,541
the written finding of facts required by section 2151.419 of the 1,542
Revised Code.
(D) The court may grant an ex parte order upon its own 1,545
motion or a motion filed or made pursuant to division (C) of this 1,546
section requesting such an order if it appears to the court that 1,548
the best interest and the welfare of the child require that the 1,549
court issue the order immediately. The court, if acting on its 1,550
own motion, or the person requesting the granting of an ex parte 1,551
order, to the extent possible, shall give notice of its intent or 1,552
of the request to the parents, guardian, or custodian of the 1,553
child who is the subject of the request. If the court issues an 1,554
ex parte order, the court shall hold a hearing to review the 1,555
37
order within seventy-two hours after it is issued or before the 1,556
end of the next day after the day on which it is issued, 1,557
whichever occurs first. The court shall give written notice of 1,558
the hearing to all parties to the action and shall appoint a 1,559
guardian ad litem for the child prior to the hearing. 1,560
The written notice shall be given by all means that are 1,562
reasonably likely to result in the party receiving actual notice 1,563
and shall include all of the following: 1,564
(1) The date, time, and location of the hearing; 1,566
(2) The issues to be addressed at the hearing; 1,568
(3) A statement that every party to the hearing has a 1,570
right to counsel and to court-appointed counsel, if the party is 1,571
indigent; 1,572
(4) The name, telephone number, and address of the person 1,574
requesting the order; 1,575
(5) A copy of the order, except when it is not possible to 1,577
obtain it because of the exigent circumstances in the case. 1,578
If the court does not grant an ex parte order pursuant to a 1,580
motion filed or made pursuant to division (C) of this section or 1,582
its own motion, the court shall hold a shelter care hearing on 1,583
the motion within ten days after the motion is filed. The court 1,584
shall give notice of the hearing to all affected parties in the 1,585
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 1,587
dispositional hearings, shall not issue an order granting 1,588
temporary custody of a child to a public children services agency 1,589
or private child placing agency pursuant to this section, unless 1,590
the court determines and specifically states in the order that 1,591
the continued residence of the child in the child's current home 1,592
will be contrary to the child's best interest and welfare and 1,593
makes the determination and issues the written finding of facts 1,594
required by section 2151.419 of the Revised Code. 1,595
(F) Each public children services agency and private child 1,597
placing agency that receives temporary custody of a child 1,598
38
pursuant to this section shall maintain in the child's case 1,599
record written documentation that it has placed the child, to the 1,600
extent that it is consistent with the best interest, welfare, and 1,601
special needs of the child, in the most family-like setting 1,602
available and in close proximity to the home of the parents, 1,603
custodian, or guardian of the child. 1,604
(G) For good cause shown, any court order that is issued 1,606
pursuant to this section may be reviewed by the court at any time 1,607
upon motion of any party to the action or upon the motion of the 1,608
court. 1,609
Sec. 2151.353. (A) If a child is adjudicated an abused, 1,618
neglected, or dependent child, the court may make any of the 1,619
following orders of disposition: 1,620
(1) Place the child in protective supervision; 1,622
(2) Commit the child to the temporary custody of a public 1,624
children services agency, a private child placing agency, either 1,625
parent, a relative residing within or outside the state, or a 1,626
probation officer for placement in a certified family foster home 1,628
or in any other home approved by the court;
(3) Award legal custody of the child to either parent or 1,630
to any other person who, prior to the dispositional hearing, 1,631
files a motion requesting legal custody of the child; 1,632
(4) Commit the child to the permanent custody of a public 1,634
children services agency or private child placing agency, if the 1,635
court determines in accordance with division (E) of section 1,636
2151.414 of the Revised Code that the child cannot be placed with 1,637
one of the child's parents within a reasonable time or should not 1,638
be placed with either parent and determines in accordance with 1,639
division (D) of section 2151.414 of the Revised Code that the 1,640
permanent commitment is in the best interest of the child. If 1,641
the court grants permanent custody under this division, the 1,642
court, upon the request of any party, shall file a written 1,643
opinion setting forth its findings of fact and conclusions of law 1,644
in relation to the proceeding. 1,645
39
(5) Place the child in long-term family foster care A 1,647
PLANNED PERMANENT LIVING ARRANGEMENT with a public children 1,649
services agency or private child placing agency, if a public 1,650
children services agency or private child placing agency requests 1,651
the court to place the child in long-term family foster care A 1,652
PLANNED PERMANENT LIVING ARRANGEMENT and if the court finds, by 1,653
clear and convincing evidence, that long-term foster care A 1,654
PLANNED PERMANENT LIVING ARRANGEMENT is in the best interest of 1,655
the child and that one of the following exists: 1,656
(a) The child, because of physical, mental, or 1,658
psychological problems or needs, is unable to function in a 1,659
family-like setting and must remain in residential or 1,660
institutional care;. 1,661
(b) The parents of the child have significant physical, 1,663
mental, or psychological problems and are unable to care for the 1,664
child because of those problems, adoption is not in the best 1,665
interest of the child, as determined in accordance with division 1,666
(D) of section 2151.414 of the Revised Code, and the child 1,667
retains a significant and positive relationship with a parent or 1,668
relative;. 1,669
(c) The child is sixteen years of age or older, has been 1,671
counseled on the permanent placement options available to the 1,672
child, is unwilling to accept or unable to adapt to a permanent 1,673
placement, and is in an agency program preparing the child for 1,674
independent living.
(6) Order the removal from the child's home until further 1,677
order of the court of the person who committed abuse as described 1,678
in section 2151.031 of the Revised Code against the child, who 1,679
caused or allowed the child to suffer neglect as described in 1,680
section 2151.03 of the Revised Code, or who is the parent, 1,681
guardian, or custodian of a child who is adjudicated a dependent 1,682
child and order any person not to have contact with the child or 1,683
the child's siblings. 1,684
(B) No order for permanent custody or temporary custody of 1,686
40
a child or the placement of a child in long-term foster care A 1,687
PLANNED PERMANENT LIVING ARRANGEMENT shall be made pursuant to 1,689
this section unless the complaint alleging the abuse, neglect, or 1,690
dependency contains a prayer requesting permanent custody, 1,691
temporary custody, or the placement of the child in long-term 1,692
foster care A PLANNED PERMANENT LIVING ARRANGEMENT as desired, 1,693
the summons served on the parents of the child contains as is 1,694
appropriate a full explanation that the granting of an order for 1,695
permanent custody permanently divests them of their parental 1,696
rights, a full explanation that an adjudication that the child is 1,697
an abused, neglected, or dependent child may result in an order 1,698
of temporary custody that will cause the removal of the child 1,699
from their legal custody until the court terminates the order of 1,700
temporary custody or permanently divests the parents of their 1,701
parental rights, or a full explanation that the granting of an 1,702
order for long-term foster care A PLANNED PERMANENT LIVING 1,703
ARRANGEMENT will result in the removal of the child from their 1,704
legal custody if any of the conditions listed in divisions 1,705
(A)(5)(a) to (c) of this section are found to exist, and the 1,706
summons served on the parents contains a full explanation of 1,707
their right to be represented by counsel and to have counsel 1,708
appointed pursuant to Chapter 120. of the Revised Code if they 1,709
are indigent. 1,710
If after making disposition as authorized by division 1,712
(A)(2) of this section, a motion is filed that requests permanent 1,713
custody of the child, the court may grant permanent custody of 1,714
the child to the movant in accordance with section 2151.414 of 1,715
the Revised Code. 1,716
(C) If the court issues an order for protective 1,718
supervision pursuant to division (A)(1) of this section, the 1,719
court may place any reasonable restrictions upon the child, the 1,720
child's parents, guardian, or custodian, or any other person, 1,721
including, but not limited to, any of the following: 1,722
(1) Order a party, within forty-eight hours after the 1,724
41
issuance of the order, to vacate the child's home indefinitely or 1,725
for a specified period of time; 1,726
(2) Order a party, a parent of the child, or a physical 1,728
custodian of the child to prevent any particular person from 1,729
having contact with the child; 1,730
(3) Issue an order restraining or otherwise controlling 1,732
the conduct of any person which conduct would not be in the best 1,733
interest of the child. 1,734
(D) As part of its dispositional order, the court shall 1,736
journalize a case plan for the child. The journalized case plan 1,737
shall not be changed except as provided in section 2151.412 of 1,738
the Revised Code. 1,739
(E)(1) The court shall retain jurisdiction over any child 1,741
for whom the court issues an order of disposition pursuant to 1,742
division (A) of this section or pursuant to section 2151.414 or 1,743
2151.415 of the Revised Code until the child attains the age of 1,744
eighteen if the child is not mentally retarded, developmentally 1,746
disabled, or physically impaired, the child attains the age of 1,747
twenty-one if the child is mentally retarded, developmentally 1,748
disabled, or physically impaired, or the child is adopted and a 1,749
final decree of adoption is issued, except that the court may 1,750
retain jurisdiction over the child and continue any order of 1,751
disposition under division (A) of this section or under section 1,752
2151.414 or 2151.415 of the Revised Code for a specified period 1,753
of time to enable the child to graduate from high school or 1,754
vocational school. The court shall make an entry continuing its 1,755
jurisdiction under this division in the journal. 1,756
(2) Any public children services agency, any private child 1,758
placing agency, the department of human services, or any party, 1,759
other than any parent whose parental rights with respect to the 1,760
child have been terminated pursuant to an order issued under 1,761
division (A)(4) of this section, by filing a motion with the 1,762
court, may at any time request the court to modify or terminate 1,763
any order of disposition issued pursuant to division (A) of this 1,764
42
section or section 2151.414 or 2151.415 of the Revised Code. The 1,765
court shall hold a hearing upon the motion as if the hearing were 1,766
the original dispositional hearing and shall give all parties to 1,767
the action and the guardian ad litem notice of the hearing 1,768
pursuant to the Juvenile Rules. IF APPLICABLE, THE COURT SHALL 1,769
COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 1,770
(F) Any temporary custody order issued pursuant to 1,772
division (A) of this section shall terminate one year after the 1,773
earlier of the date on which the complaint in the case was filed 1,774
or the child was first placed into shelter care, except that, 1,775
upon the filing of a motion pursuant to section 2151.415 of the 1,776
Revised Code, the temporary custody order shall continue and not 1,777
terminate until the court issues a dispositional order under that 1,778
section. 1,779
(G)(1) No later than one year after the earlier of the 1,781
date the complaint in the case was filed or the child was first 1,782
placed in shelter care, a party may ask the court to extend an 1,783
order for protective supervision for six months or to terminate 1,784
the order. A party requesting extension or termination of the 1,785
order shall file a written request for the extension or
termination with the court and give notice of the proposed 1,786
extension or termination in writing before the end of the day 1,787
after the day of filing it to all parties and the child's 1,788
guardian ad litem. If a public children services agency or 1,789
private child placing agency requests termination of the order,
the agency shall file a written status report setting out the 1,790
facts supporting termination of the order at the time it files 1,791
the request with the court. If no party requests extension or 1,792
termination of the order, the court shall notify the parties that 1,793
the court will extend the order for six months or terminate it 1,794
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 1,795
have seven days from the date a notice is sent pursuant to this 1,796
division to object to and request a hearing on the proposed 1,797
43
extension or termination.
(a) If it receives a timely request for a hearing, the 1,799
court shall schedule a hearing to be held no later than thirty 1,800
days after the request is received by the court. The court shall 1,801
give notice of the date, time, and location of the hearing to all 1,802
parties and the guardian ad litem. At the hearing, the court 1,803
shall determine whether extension or termination of the order is 1,804
in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension 1,805
is in the child's best interest, the court shall extend the order 1,806
for six months.
(b) If it does not receive a timely request for a hearing, 1,808
the court may extend the order for six months or terminate it 1,809
without a hearing and shall journalize the order of extension or 1,810
termination not later than fourteen days after receiving the 1,811
request for extension or termination or after the date the court 1,812
notifies the parties that it will extend or terminate the order. 1,813
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 1,814
expiration of the applicable fourteen-day time period and give 1,815
notice of the date, time, and location of the hearing to all 1,816
parties and the child's guardian ad litem. At the hearing, the 1,817
court shall determine whether extension or termination of the 1,818
order is in the child's best interest. If termination is in the
child's best interest, the court shall terminate the order. If 1,819
extension is in the child's best interest, the court shall issue 1,820
an order extending the order for protective supervision six 1,821
months.
(2) If the court grants an extension of the order for 1,823
protective supervision pursuant to division (G)(1) of this 1,824
section, a party may, prior to termination of the extension, file 1,825
with the court a request for an additional extension of six 1,826
months or for termination of the order. The court and the 1,827
parties shall comply with division (G)(1) of this section with 1,828
44
respect to extending or terminating the order.
(3) If a court grants an extension pursuant to division 1,830
(G)(2) of this section, the court shall terminate the order for 1,831
protective supervision at the end of the extension. 1,832
(H) The court shall not issue a dispositional order 1,834
pursuant to division (A) of this section that removes a child 1,835
from the child's home unless the court makes the determination 1,837
required by COMPLIES WITH section 2151.419 of the Revised Code 1,838
and includes in the dispositional order the finding FINDINGS of 1,839
facts FACT required by that section. 1,840
(I) If a motion or application for an order described in 1,843
division (A)(6) of this section is made, the court shall not 1,844
issue the order unless, prior to the issuance of the order, it 1,845
provides to the person all of the following:
(1) Notice and a copy of the motion or application; 1,847
(2) The grounds for the motion or application; 1,849
(3) An opportunity to present evidence and witnesses at a 1,851
hearing regarding the motion or application; 1,852
(4) An opportunity to be represented by counsel at the 1,854
hearing. 1,855
(J) The jurisdiction of the court shall terminate one year 1,858
after the date of the award or, if the court takes any further 1,859
action in the matter subsequent to the award, the date of the 1,860
latest further action subsequent to the award, if the court 1,861
awards legal custody of a child to either of the following: 1,862
(1) A legal custodian who, at the time of the award of 1,864
legal custody, resides in a county of this state other than the 1,865
county in which the court is located;
(2) A legal custodian who resides in the county in which 1,867
the court is located at the time of the award of legal custody, 1,868
but moves to a different county of this state prior to one year 1,869
after the date of the award or, if the court takes any further 1,870
action in the matter subsequent to the award, one year after the 1,871
date of the latest further action subsequent to the award.
45
The court in the county in which the legal custodian 1,873
resides then shall have jurisdiction in the matter. 1,874
Sec. 2151.3514. (A) AS USED IN THIS SECTION: 1,876
(1) "ALCOHOL AND DRUG ADDICTION PROGRAM" HAS THE SAME 1,878
MEANING AS IN SECTION 3793.01 OF THE REVISED CODE; 1,879
(2) "CHEMICAL DEPENDENCY" MEANS EITHER OF THE FOLLOWING: 1,882
(a) THE CHRONIC AND HABITUAL USE OF ALCOHOLIC BEVERAGES TO 1,885
THE EXTENT THAT THE USER NO LONGER CAN CONTROL THE USE OF ALCOHOL 1,886
OR ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF 1,887
OTHERS;
(b) THE USE OF A DRUG OF ABUSE TO THE EXTENT THAT THE USER 1,890
BECOMES PHYSICALLY OR PSYCHOLOGICALLY DEPENDENT ON THE DRUG OR 1,891
ENDANGERS THE USER'S HEALTH, SAFETY, OR WELFARE OR THAT OF 1,892
OTHERS.
(3) "DRUG OF ABUSE" HAS THE SAME MEANING AS IN SECTION 1,894
3719.011 OF THE REVISED CODE.
(4) "MEDICAID" MEANS THE PROGRAM ESTABLISHED UNDER CHAPTER 1,896
5111. OF THE REVISED CODE. 1,897
(B) IF THE JUVENILE COURT ISSUES AN ORDER OF TEMPORARY 1,900
CUSTODY OR PROTECTIVE SUPERVISION UNDER DIVISION (A) OF SECTION 1,901
2151.353 OF THE REVISED CODE WITH RESPECT TO A CHILD ADJUDICATED 1,903
TO BE AN ABUSED, NEGLECTED, OR DEPENDENT CHILD AND THE ALCOHOL OR 1,904
OTHER DRUG ADDICTION OF A PARENT OR OTHER CAREGIVER OF THE CHILD 1,905
WAS THE BASIS FOR THE ADJUDICATION OF ABUSE, NEGLECT, OR 1,906
DEPENDENCY, THE COURT SHALL ISSUE AN ORDER REQUIRING THE PARENT 1,908
OR OTHER CAREGIVER TO SUBMIT TO AN ASSESSMENT AND, IF NEEDED, 1,909
TREATMENT FROM AN ALCOHOL AND DRUG ADDICTION PROGRAM CERTIFIED BY 1,910
THE DEPARTMENT OF ALCOHOL AND DRUG ADDICTION SERVICES. THE COURT 1,911
MAY ORDER THE PARENT OR OTHER CAREGIVER TO SUBMIT TO ALCOHOL OR 1,912
OTHER DRUG TESTING DURING, AFTER, OR BOTH DURING AND AFTER, THE 1,913
TREATMENT. THE COURT SHALL SEND ANY ORDER ISSUED PURSUANT TO 1,914
THIS DIVISION TO THE PUBLIC CHILDREN SERVICES AGENCY THAT SERVES 1,915
THE COUNTY IN WHICH THE COURT IS LOCATED FOR USE AS DESCRIBED IN 1,916
SECTION 340.15 OF THE REVISED CODE.
46
(C) ANY ORDER REQUIRING ALCOHOL OR OTHER DRUG TESTING THAT 1,919
IS ISSUED PURSUANT TO DIVISION (B) OF THIS SECTION SHALL REQUIRE 1,921
ONE ALCOHOL OR OTHER DRUG TEST TO BE CONDUCTED EACH MONTH DURING
A PERIOD OF TWELVE CONSECUTIVE MONTHS BEGINNING THE MONTH 1,924
IMMEDIATELY FOLLOWING THE MONTH IN WHICH THE ORDER FOR ALCOHOL OR 1,926
OTHER DRUG TESTING IS ISSUED. ARRANGEMENTS FOR ADMINISTERING THE 1,928
ALCOHOL OR OTHER DRUG TESTS, AS WELL AS FUNDING THE COSTS OF THE 1,929
TESTS, SHALL BE LOCALLY DETERMINED IN ACCORDANCE WITH SECTIONS
340.033 AND 340.15 OF THE REVISED CODE. IF A PARENT OR OTHER 1,930
CAREGIVER REQUIRED TO SUBMIT TO ALCOHOL OR OTHER DRUG TESTS UNDER 1,932
THIS SECTION IS NOT A RECIPIENT OF MEDICAID, THE AGENCY THAT 1,933
REFERS THE PARENT OR CAREGIVER FOR THE TESTS MAY REQUIRE THE 1,934
PARENT OR CAREGIVER TO REIMBURSE THE AGENCY FOR THE COST OF
CONDUCTING THE TESTS. 1,935
(D) THE CERTIFIED ALCOHOL AND DRUG ADDICTION PROGRAM THAT 1,938
CONDUCTS ANY ALCOHOL OR OTHER DRUG TESTS ORDERED IN ACCORDANCE 1,939
WITH DIVISIONS (B) AND (C) OF THIS SECTION SHALL SEND THE RESULTS 1,940
OF THE TESTS, ALONG WITH THE PROGRAM'S RECOMMENDATIONS AS TO THE 1,941
BENEFITS OF CONTINUED TREATMENT, TO THE COURT AND TO THE PUBLIC 1,942
CHILDREN SERVICES AGENCY PROVIDING SERVICES TO THE INVOLVED 1,943
FAMILY, ACCORDING TO FEDERAL REGULATIONS SET FORTH IN 42 C.F.R. 1,947
PART 2, AND DIVISION (B) OF SECTION 340.15 OF THE REVISED CODE. 1,948
THE COURT SHALL CONSIDER THE RESULTS AND THE RECOMMENDATIONS SENT 1,949
TO IT UNDER THIS DIVISION IN ANY ADJUDICATION OR REVIEW BY THE 1,950
COURT, ACCORDING TO SECTION 2151.353, 2151.414, OR 2151.419 OF
THE REVISED CODE. 1,951
Sec. 2151.412. (A) Each public children services agency 1,960
and private child placing agency shall prepare and maintain a 1,961
case plan for any child to whom the agency is providing services 1,962
and to whom any of the following applies: 1,963
(1) The agency filed a complaint pursuant to section 1,965
2151.27 of the Revised Code alleging that the child is an abused, 1,966
neglected, or dependent child; 1,967
(2) The agency has temporary or permanent custody of the 1,969
47
child; 1,970
(3) The child is living at home subject to an order for 1,972
protective supervision; 1,973
(4) The child is in long-term foster care A PLANNED 1,975
PERMANENT LIVING ARRANGEMENT. 1,976
Except as provided by division (A)(2) of section 5103.153 1,978
of the Revised Code, a private child placing agency providing 1,979
services to a child who is the subject of a voluntary permanent 1,980
custody surrender agreement entered into under division (B)(2) of 1,981
section 5103.15 of the Revised Code is not required to prepare 1,982
and maintain a case plan for that child.
(B)(1) The department of human services shall adopt rules 1,984
pursuant to Chapter 119. of the Revised Code setting forth the 1,985
content and format of case plans required by division (A) of this 1,986
section and establishing procedures for developing, implementing, 1,987
and changing the case plans. The rules shall at a minimum comply 1,988
with the requirements of Title IV-E of the "Social Security Act," 1,989
94 Stat. 501, 42 U.S.C. 671 (1980), as amended. 1,990
(2) The department of human services shall adopt rules 1,992
pursuant to Chapter 119. of the Revised Code requiring public 1,993
children services agencies and private child placing agencies to 1,994
maintain case plans for children and their families who are 1,995
receiving services in their homes from the agencies and for whom 1,996
case plans are not required by division (A) of this section. The 1,997
agencies shall maintain case plans as required by those rules; 1,998
however, the case plans shall not be subject to any other 1,999
provision of this section except as specifically required by the 2,000
rules. 2,001
(C) Each public children services agency and private child 2,003
placing agency that is required by division (A) of this section 2,004
to maintain a case plan shall file the case plan with the court 2,005
prior to the child's adjudicatory hearing but no later than 2,006
thirty days after the earlier of the date on which the complaint 2,007
in the case was filed or the child was first placed into shelter 2,008
48
care. If the agency does not have sufficient information prior 2,009
to the adjudicatory hearing to complete any part of the case 2,010
plan, the agency shall specify in the case plan the additional 2,011
information necessary to complete each part of the case plan and 2,012
the steps that will be taken to obtain that information. All 2,013
parts of the case plan shall be completed by the earlier of 2,014
thirty days after the adjudicatory hearing or the date of the 2,015
dispositional hearing for the child. 2,016
(D) Any agency that is required by division (A) of this 2,018
section to prepare a case plan shall attempt to obtain an 2,019
agreement among all parties, including, but not limited to, the 2,020
parents, guardian, or custodian of the child and the guardian ad 2,021
litem of the child regarding the content of the case plan. If 2,022
all parties agree to the content of the case plan and the court 2,023
approves it, the court shall journalize it as part of its 2,024
dispositional order. If the agency cannot obtain an agreement 2,025
upon the contents of the case plan or the court does not approve 2,026
it, the parties shall present evidence on the contents of the 2,027
case plan at the dispositional hearing. The court, based upon 2,028
the evidence presented at the dispositional hearing and the best 2,029
interest of the child, shall determine the contents of the case 2,030
plan and journalize it as part of the dispositional order for the 2,031
child. 2,032
(E)(1) All parties, including the parents, guardian, or 2,034
custodian of the child, are bound by the terms of the journalized 2,035
case plan. A party that fails to comply with the terms of the 2,036
journalized case plan may be held in contempt of court. 2,037
(2) Any party may propose a change to a substantive part 2,040
of the case plan, including, but not limited to, the child's 2,041
placement and the visitation rights of any party. A party 2,042
proposing a change to the case plan shall file the proposed 2,044
change with the court and give notice of the proposed change in
writing before the end of the day after the day of filing it to 2,045
all parties and the child's guardian ad litem. All parties and 2,046
49
the guardian ad litem shall have seven days from the date the 2,047
notice is sent to object to and request a hearing on the proposed 2,048
change. 2,049
(a) If it receives a timely request for a hearing, the 2,051
court shall schedule a hearing pursuant to section 2151.417 of 2,052
the Revised Code to be held no later than thirty days after the 2,054
request is received by the court. The court shall give notice of 2,055
the date, time, and location of the hearing to all parties and 2,056
the guardian ad litem. The agency may implement the proposed 2,057
change after the hearing, if the court approves it. The agency
shall not implement the proposed change unless it is approved by 2,059
the court.
(b) If it does not receive a timely request for a hearing, 2,061
the court may approve the proposed change without a hearing. If 2,062
the court approves the proposed change without a hearing, it 2,064
shall journalize the case plan with the change not later than 2,065
fourteen days after the change is filed with the court. If the 2,066
court does not approve the proposed change to the case plan, it 2,067
shall schedule a hearing to be held pursuant to section 2151.417 2,068
of the Revised Code no later than thirty days after the 2,069
expiration of the fourteen-day time period and give notice of the 2,070
date, time, and location of the hearing to all parties and the 2,071
guardian ad litem of the child. If, despite the requirements of 2,072
division (E)(2) of this section, the court neither approves and 2,073
journalizes the proposed change nor conducts a hearing, the 2,074
agency may implement the proposed change not earlier than fifteen 2,075
days after it is submitted to the court. 2,076
(3) If an agency has reasonable cause to believe that a 2,078
child is suffering from illness or injury and is not receiving 2,079
proper care and that an appropriate change in the child's case 2,080
plan is necessary to prevent immediate or threatened physical or 2,081
emotional harm, to believe that a child is in immediate danger 2,082
from the child's surroundings and that an immediate change in the 2,084
child's case plan is necessary to prevent immediate or threatened 2,085
50
physical or emotional harm to the child, or to believe that a 2,086
parent, guardian, custodian, or other member of the child's 2,087
household has abused or neglected the child and that the child is 2,088
in danger of immediate or threatened physical or emotional harm 2,089
from that person unless the agency makes an appropriate change in 2,090
the child's case plan, it may implement the change without prior 2,091
agreement or a court hearing and, before the end of the next day 2,093
after the change is made, give all parties, the guardian ad litem 2,094
of the child, and the court notice of the change. Before the 2,095
end of the third day after implementing the change in the case 2,096
plan, the agency shall file a statement of the change with the 2,097
court and give notice of the filing accompanied by a copy of the 2,098
statement to all parties and the guardian ad litem. All parties 2,099
and the guardian ad litem shall have ten days from the date the 2,100
notice is sent to object to and request a hearing on the change.
(a) If it receives a timely request for a hearing, the 2,102
court shall schedule a hearing pursuant to section 2151.417 of 2,103
the Revised Code to be held no later than thirty days after the 2,105
request is received by the court. The court shall give notice of 2,106
the date, time, and location of the hearing to all parties and 2,107
the guardian ad litem. The agency shall continue to administer
the case plan with the change after the hearing, if the court 2,108
approves the change. If the court does not approve the change, 2,109
the court shall make appropriate changes to the case plan and 2,110
shall journalize the case plan.
(b) If it does not receive a timely request for a hearing, 2,112
the court may approve the change without a hearing. If the court 2,113
approves the change without a hearing, it shall journalize the 2,115
case plan with the change within fourteen days after receipt of 2,116
the change. If the court does not approve the change to the case 2,117
plan, it shall schedule a hearing under section 2151.417 of the 2,118
Revised Code to be held no later than thirty days after the 2,119
expiration of the fourteen-day time period and give notice of the 2,120
date, time, and location of the hearing to all parties and the 2,121
51
guardian ad litem of the child.
(F)(1) All case plans for children in temporary custody 2,123
shall have the following general goals: 2,124
(a) Consistent with the best interest and special needs of 2,126
the child, to achieve an A SAFE out-of-home placement in the 2,128
least restrictive, most family-like setting available and in 2,129
close proximity to the home from which the child was removed or 2,130
the home in which the child will be permanently placed; 2,131
(b) To do either of the following: 2,133
(i) With all due speed eliminate WITH ALL DUE SPEED the 2,135
need for the out-of-home placement so that the child can SAFELY 2,137
return home;
(ii) If return to the child's home is not imminent and 2,139
desirable, develop and implement an alternative permanent living 2,140
arrangement for the child. 2,141
(2) The department of human services shall adopt rules 2,143
pursuant to Chapter 119. of the Revised Code setting forth the 2,144
general goals of case plans for children subject to dispositional 2,145
orders for protective supervision, long-term foster care A 2,146
PLANNED PERMANENT LIVING ARRANGEMENT, or permanent custody. 2,148
(G) In the agency's development of a case plan and the 2,150
court's review of the case plan, the CHILD'S HEALTH AND SAFETY 2,151
SHALL BE THE PARAMOUNT CONCERN. THE agency and the court shall 2,152
be guided by the following general priorities: 2,153
(1) A child who is residing with or can be placed with the 2,155
child's parents within a reasonable time should remain in their 2,156
legal custody even if an order of protective supervision is 2,157
required for a reasonable period of time; 2,158
(2) If both parents of the child have abandoned the child, 2,160
have relinquished custody of the child, have become incapable of 2,161
supporting or caring for the child even with reasonable 2,162
assistance, or have a detrimental effect on the health, safety, 2,163
and best interest of the child, the child should be placed in the 2,164
legal custody of a suitable member of the child's extended 2,165
52
family;
(3) If a child described in division (G)(2) of this 2,167
section has no suitable member of the child's extended family to 2,169
accept legal custody, the child should be placed in the legal 2,170
custody of a suitable nonrelative who shall be made a party to 2,171
the proceedings after being given legal custody of the child; 2,172
(4) If the child has no suitable member of the child's 2,174
extended family to accept legal custody of the child and no 2,176
suitable nonrelative is available to accept legal custody of the 2,177
child and, if the child temporarily cannot or should not be 2,178
placed with the child's parents, guardian, or custodian, the 2,179
child should be placed in the temporary custody of a public 2,181
children services agency or a private child placing agency; 2,182
(5) If the child cannot be placed with either of the 2,184
child's parents within a reasonable period of time or should not 2,186
be placed with either, if no suitable member of the child's 2,187
extended family or suitable nonrelative is available to accept 2,188
legal custody of the child, and if the agency has a reasonable 2,189
expectation of placing the child for adoption, the child should 2,190
be committed to the permanent custody of the public children 2,191
services agency or private child placing agency; 2,192
(6) If the child is to be placed for adoption or foster 2,194
care, the placement shall not be delayed or denied solely on the 2,195
basis of the child's or adoptive or foster family's race, color, 2,197
or national origin.
(H) The case plan for a child in temporary custody shall 2,199
include at a minimum the following requirements if the child is 2,200
or has been the victim of abuse or neglect or if the child 2,201
witnessed the commission in the child's household of abuse or 2,202
neglect against a sibling of the child, a parent of the child, or 2,203
any other person in the child's household: 2,204
(1) A requirement that the child's parents, guardian, or 2,206
custodian participate in mandatory counseling; 2,207
(2) A requirement that the child's parents, guardian, or 2,209
53
custodian participate in any supportive services that are 2,210
required by or provided pursuant to the child's case plan. 2,211
(I) A CASE PLAN MAY INCLUDE, AS A SUPPLEMENT, A PLAN FOR 2,213
LOCATING A PERMANENT FAMILY PLACEMENT. THE SUPPLEMENT SHALL NOT 2,214
BE CONSIDERED PART OF THE CASE PLAN FOR PURPOSES OF DIVISION (D) 2,215
OF THIS SECTION.
Sec. 2151.413. (A) A public children services agency or 2,225
private child placing agency that, pursuant to an order of 2,226
disposition under division (A)(2) of section 2151.353 of the 2,227
Revised Code or under any version of section 2151.353 of the 2,228
Revised Code that existed prior to January 1, 1989, is granted 2,229
temporary custody of a child who is not abandoned or orphaned or 2,230
of an abandoned child whose parents have been located may file a 2,232
motion in the court that made the disposition of the child 2,233
requesting permanent custody of the child. 2,234
(B) A public children services agency or private child 2,236
placing agency that, pursuant to an order of disposition under 2,237
division (A)(2) of section 2151.353 of the Revised Code or under 2,238
any version of section 2151.353 of the Revised Code that existed 2,239
prior to January 1, 1989, is granted temporary custody of a child 2,241
who is abandoned or orphaned may file a motion in the court that 2,242
made the disposition of the child requesting permanent custody of 2,243
the child, if the child is abandoned, whenever it can show the 2,244
court that the parents cannot be located and, if the child is 2,245
orphaned, whenever it can show that no relative of the child is 2,246
able to take legal custody of the child. 2,247
(C) A public children services agency or private child 2,249
placing agency that, pursuant to an order of disposition under 2,250
division (A)(5) of section 2151.353 of the Revised Code, places a 2,251
child in long-term foster care A PLANNED PERMANENT LIVING 2,252
ARRANGEMENT may file a motion in the court that made the 2,253
disposition of the child requesting permanent custody of the 2,254
child.
(D)(1) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS 2,256
54
SECTION, IF A CHILD HAS BEEN IN TEMPORARY CUSTODY FOR TWELVE OR 2,258
MORE MONTHS OF A CONSECUTIVE TWENTY-TWO MONTH PERIOD ENDING ON OR 2,259
AFTER THE EFFECTIVE DATE OF THIS AMENDMENT PURSUANT TO AN ORDER 2,260
OF DISPOSITION THAT WAS ISSUED UNDER DIVISION (A)(2) OF SECTION 2,262
2151.353 OF THE REVISED CODE OR PURSUANT TO AN ORDER THAT EXTENDS 2,264
TEMPORARY CUSTODY AND WAS ISSUED PRIOR TO THE EFFECTIVE DATE OF 2,265
THIS AMENDMENT UNDER DIVISION (D) OF SECTION 2151.415 OF THE 2,267
REVISED CODE, THE PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE 2,268
CHILD PLACING AGENCY WITH CUSTODY SHALL FILE A MOTION REQUESTING 2,269
PERMANENT CUSTODY OF THE CHILD. THE MOTION SHALL BE FILED IN THE 2,271
COURT THAT ISSUED THE ORDER OF DISPOSITION.
(2) EXCEPT AS PROVIDED IN DIVISION (D)(3) OF THIS SECTION, 2,274
IF A COURT MAKES A DETERMINATION PURSUANT TO DIVISION (A)(2) OF 2,276
SECTION 2151.419 OF THE REVISED CODE, THE PUBLIC CHILDREN 2,278
SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY REQUIRED TO 2,279
DEVELOP THE PERMANENCY PLAN FOR THE CHILD UNDER DIVISION (K) OF 2,281
SECTION 2151.417 OF THE REVISED CODE SHALL FILE A MOTION IN THE 2,283
COURT THAT MADE THE DETERMINATION REQUESTING PERMANENT CUSTODY OF 2,285
THE CHILD.
(3) AN AGENCY SHALL NOT FILE A MOTION FOR PERMANENT 2,287
CUSTODY UNDER DIVISION (D)(1) OR (2) OF THIS SECTION IF ANY OF 2,288
THE FOLLOWING APPLY:
(a) THE AGENCY DOCUMENTS IN THE CASE PLAN OR PERMANENCY 2,291
PLAN A COMPELLING REASON THAT PERMANENT CUSTODY IS NOT IN THE
BEST INTEREST OF THE CHILD. 2,292
(b) IF REASONABLE EFFORTS TO RETURN THE CHILD TO THE 2,294
CHILD'S HOME ARE REQUIRED UNDER SECTION 2151.419 OF THE REVISED 2,295
CODE, THE AGENCY HAS NOT PROVIDED THE SERVICES REQUIRED BY THE 2,296
CASE PLAN TO THE PARENTS OF THE CHILD OR THE CHILD TO ENSURE THE 2,297
SAFE RETURN OF THE CHILD TO THE CHILD'S HOME.
(c) THE AGENCY HAS BEEN GRANTED PERMANENT CUSTODY OF THE 2,299
CHILD.
(d) THE CHILD HAS BEEN RETURNED HOME PURSUANT TO COURT 2,301
ORDER IN ACCORDANCE WITH DIVISION (A)(3) OF SECTION 2151.419 OF 2,302
55
THE REVISED CODE.
(E) Any agency that files a motion for permanent custody 2,305
under this section shall include in the case plan of the child 2,306
who is the subject of the motion, a specific plan of the agency's 2,307
actions to seek an adoptive family for the child and to prepare 2,308
the child for adoption. 2,309
(F) THE DEPARTMENT OF HUMAN SERVICES MAY ADOPT RULES 2,312
PURSUANT TO CHAPTER 119. OF THE REVISED CODE THAT SET FORTH THE 2,314
TIME FRAMES FOR CASE REVIEWS AND FOR FILING A MOTION REQUESTING 2,315
PERMANENT CUSTODY UNDER DIVISION (D)(1) OF THIS SECTION. 2,317
Sec. 2151.414. (A)(1) Upon the filing of a motion 2,326
pursuant to section 2151.413 of the Revised Code for permanent 2,327
custody of a child by a public children services agency or 2,328
private child placing agency that has temporary custody of the 2,329
child or has placed the child in long-term foster care, the court 2,330
shall schedule a hearing and give notice of the filing of the 2,331
motion and of the hearing, in accordance with section 2151.29 of 2,332
the Revised Code, to all parties to the action and to the child's 2,333
guardian ad litem. The notice also shall contain a full 2,334
explanation that the granting of permanent custody permanently 2,335
divests the parents of their parental rights, a full explanation 2,336
of their right to be represented by counsel and to have counsel 2,337
appointed pursuant to Chapter 120. of the Revised Code if they 2,338
are indigent, and the name and telephone number of the court 2,339
employee designated by the court pursuant to section 2151.314 of 2,340
the Revised Code to arrange for the prompt appointment of counsel 2,341
for indigent persons. 2,342
The court shall conduct a hearing in accordance with 2,345
section 2151.35 of the Revised Code to determine if it is in the 2,346
best interest of the child to permanently terminate parental 2,347
rights and grant permanent custody to the agency that filed the 2,348
motion. The adjudication that the child is an abused, neglected, 2,349
or dependent child and the grant of temporary custody to the 2,350
agency that filed the motion or placement into long-term foster 2,351
56
care ANY DISPOSITIONAL ORDER THAT HAS BEEN ISSUED IN THE CASE 2,352
UNDER SECTION 2151.353 OF THE REVISED CODE PURSUANT TO THE
ADJUDICATION shall not be readjudicated at the hearing and shall 2,353
not be affected by a denial of the motion for permanent custody. 2,355
(2) The court shall hold the hearing scheduled pursuant to 2,358
division (A)(1) of this section not later than one hundred twenty 2,359
days after the agency files the motion for permanent custody, 2,360
except that, for good cause shown, the court may continue the 2,361
hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an order 2,363
that grants, denies, or otherwise disposes of the motion for 2,364
permanent custody, and journalize the order, not later than two
hundred days after the agency files the motion. 2,365
IF A MOTION IS MADE UNDER DIVISION (D)(2) OF SECTION 2,368
2151.413 OF THE REVISED CODE AND NO DISPOSITIONAL HEARING HAS 2,371
BEEN HELD IN THE CASE, THE COURT MAY HEAR THE MOTION IN THE 2,372
DISPOSITIONAL HEARING REQUIRED BY DIVISION (B) OF SECTION 2151.35 2,374
OF THE REVISED CODE. IF THE COURT ISSUES AN ORDER PURSUANT TO 2,376
SECTION 2151.353 OF THE REVISED CODE GRANTING PERMANENT CUSTODY 2,378
OF THE CHILD TO THE AGENCY, THE COURT SHALL IMMEDIATELY DISMISS 2,379
THE MOTION MADE UNDER DIVISION (D)(2) OF SECTION 2151.413 OF THE 2,382
REVISED CODE. 2,383
The failure of the court to comply with the time periods 2,385
set forth in division (A)(2) of this section does not affect the 2,387
authority of the court to issue any order under this chapter and 2,388
does not provide any basis for attacking the jurisdiction of the 2,389
court or the validity of any order of the court.
(B) The (1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 2,392
SECTION, THE court may grant permanent custody of a child to a 2,393
movant if the court determines at the hearing held pursuant to 2,394
division (A) of this section, by clear and convincing evidence, 2,395
that it is in the best interest of the child to grant permanent 2,396
custody of the child to the agency that filed the motion for 2,397
permanent custody and that any of the following apply: 2,398
57
(1)(a) The child is not abandoned or orphaned OR HAS NOT 2,400
BEEN IN THE TEMPORARY CUSTODY OF A PUBLIC CHILDREN SERVICES 2,402
AGENCY OR PRIVATE CHILD PLACING AGENCY UNDER ONE OR MORE SEPARATE 2,403
ORDERS OF DISPOSITION ISSUED UNDER SECTION 2151.353 OR 2151.415 2,404
OF THE REVISED CODE FOR TWELVE OR MORE MONTHS OF A CONSECUTIVE
TWENTY-TWO MONTH PERIOD ENDING ON OR AFTER THE EFFECTIVE DATE OF 2,406
THIS AMENDMENT, and the child cannot be placed with either of the 2,408
child's parents within a reasonable time or should not be placed 2,409
with the child's parents;. 2,410
(2)(b) The child is abandoned and the parents cannot be 2,412
located;. 2,413
(3)(c) The child is orphaned, and there are no relatives 2,416
of the child who are able to take permanent custody. 2,417
(d) THE CHILD HAS BEEN IN THE TEMPORARY CUSTODY OF A 2,419
PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY 2,420
UNDER ONE OR MORE SEPARATE ORDERS OF DISPOSITION ISSUED UNDER 2,421
SECTION 2151.353 OF THE REVISED CODE FOR TWELVE OR MORE MONTHS OF 2,423
A CONSECUTIVE TWENTY-TWO MONTH PERIOD ENDING ON OR AFTER THE
EFFECTIVE DATE OF THIS AMENDMENT. 2,424
(2) WITH RESPECT TO A MOTION MADE PURSUANT TO DIVISION 2,427
(D)(2) OF SECTION 2151.413 OF THE REVISED CODE, THE COURT SHALL 2,429
GRANT PERMANENT CUSTODY OF THE CHILD TO THE MOVANT IF THE COURT 2,430
DETERMINES IN ACCORDANCE WITH DIVISION (E) OF THIS SECTION THAT 2,432
THE CHILD CANNOT BE PLACED WITH ONE OF THE CHILD'S PARENTS WITHIN 2,433
A REASONABLE TIME OR SHOULD NOT BE PLACED WITH EITHER PARENT AND 2,434
DETERMINES IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION THAT 2,436
PERMANENT CUSTODY IS IN THE CHILD'S BEST INTEREST. 2,437
(C) In making the determinations required by this section 2,439
or division (A)(4) of section 2151.353 of the Revised Code, a 2,440
court shall not consider the effect the granting of permanent 2,441
custody to the agency would have upon any parent of the child. A 2,442
written report of the guardian ad litem of the child shall be 2,443
submitted to the court prior to or at the time of the hearing 2,444
held pursuant to division (A) of this section or section 2151.35 2,445
58
of the Revised Code but shall not be submitted under oath. 2,446
If the court grants permanent custody of a child to a 2,448
movant under this division, the court, upon the request of any 2,449
party, shall file a written opinion setting forth its findings of 2,450
fact and conclusions of law in relation to the proceeding. The 2,451
court shall not deny an agency's motion for permanent custody 2,452
solely because the agency failed to implement any particular 2,453
aspect of the child's case plan. 2,454
(D) In determining the best interest of a child at a 2,456
hearing held pursuant to division (A) of this section or for the 2,457
purposes of division (A)(4) or (5) of section 2151.353 or 2,458
division (C) of section 2151.415 of the Revised Code, the court 2,461
shall consider all relevant factors, including, but not limited 2,462
to, the following:
(1) The interaction and interrelationship of the child 2,464
with the child's parents, siblings, relatives, foster parents and 2,465
out-of-home providers, and any other person who may significantly 2,466
affect the child; 2,467
(2) The wishes of the child, as expressed directly by the 2,469
child or through the child's guardian ad litem, with due regard 2,471
for the maturity of the child;
(3) The custodial history of the child, INCLUDING WHETHER 2,473
THE CHILD HAS BEEN IN THE TEMPORARY CUSTODY OF A PUBLIC CHILDREN 2,474
SERVICES AGENCY OR PRIVATE CHILD PLACING AGENCY UNDER ONE OR MORE 2,475
SEPARATE ORDERS OF DISPOSITION ISSUED UNDER SECTION 2151.353 OR 2,476
2151.415 OF THE REVISED CODE FOR TWELVE OR MORE MONTHS OF A
CONSECUTIVE TWENTY-TWO MONTH PERIOD ENDING ON OR AFTER THE 2,478
EFFECTIVE DATE OF THIS AMENDMENT; 2,479
(4) The child's need for a legally secure permanent 2,481
placement and whether that type of placement can be achieved 2,482
without a grant of permanent custody to the agency; 2,483
(5) WHETHER ANY OF THE FACTORS IN DIVISIONS (E)(7) TO (12) 2,485
OF THIS SECTION APPLY IN RELATION TO THE PARENTS AND CHILD. 2,487
(E) In determining at a hearing held pursuant to division 2,489
59
(A) of this section or for the purposes of division (A)(4) of 2,490
section 2151.353 of the Revised Code whether a child cannot be 2,491
placed with either parent within a reasonable period of time or 2,493
should not be placed with the parents, the court shall consider 2,494
all relevant evidence. If the court determines, by clear and 2,496
convincing evidence, at a hearing held pursuant to division (A) 2,497
of this section or for the purposes of division (A)(4) of section 2,498
2151.353 of the Revised Code that one or more of the following 2,499
exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within 2,500
a reasonable time or should not be placed with either parent: 2,502
(1) Following the placement of the child outside the 2,504
child's home and notwithstanding reasonable case planning and 2,505
diligent efforts by the agency to assist the parents to remedy 2,506
the problems that initially caused the child to be placed outside 2,507
the home, the parent has failed continuously and repeatedly to 2,508
substantially remedy the conditions causing the child to be 2,509
placed outside the child's home. In determining whether the 2,510
parents have substantially remedied those conditions, the court 2,511
shall consider parental utilization of medical, psychiatric, 2,512
psychological, and other social and rehabilitative services and 2,513
material resources that were made available to the parents for 2,514
the purpose of changing parental conduct to allow them to resume 2,515
and maintain parental duties. 2,516
(2) Chronic mental illness, chronic emotional illness, 2,518
mental retardation, physical disability, or chemical dependency 2,519
of the parent that is so severe that it makes the parent unable 2,520
to provide an adequate permanent home for the child at the 2,521
present time and, as anticipated, within one year after the court 2,522
holds the hearing pursuant to division (A) of this section or for 2,523
the purposes of division (A)(4) of section 2151.353 of the 2,524
Revised Code;
(3) The parent committed any abuse as described in section 2,526
2151.031 of the Revised Code against the child, caused the child 2,527
60
to suffer any neglect as described in section 2151.03 of the 2,528
Revised Code, or allowed the child to suffer any neglect as 2,529
described in section 2151.03 of the Revised Code between the date 2,530
that the original complaint alleging abuse or neglect was filed 2,531
and the date of the filing of the motion for permanent custody; 2,532
(4) The parent has demonstrated a lack of commitment 2,534
toward the child by failing to regularly support, visit, or 2,535
communicate with the child when able to do so, or by other 2,536
actions showing an unwillingness to provide an adequate permanent 2,537
home for the child; 2,538
(5) The parent is incarcerated for an offense committed 2,540
against the child or a sibling of the child; 2,541
(6) The parent violated HAS BEEN CONVICTED OF OR PLEADED 2,543
GUILTY TO AN OFFENSE UNDER DIVISION (A) OR (C) OF SECTION 2919.22 2,544
OR UNDER section 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2,546
2903.34, 2905.01, 2905.02, 2905.03, 2905.04, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2,548
2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2,549
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2,550
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2,551
2925.02, or 3716.11 of the Revised Code and the child or a 2,552
sibling of the child was a victim of the violation OFFENSE or the 2,553
parent violated HAS BEEN CONVICTED OF OR PLEADED GUILTY TO AN 2,554
OFFENSE UNDER section 2903.01, 2903.02, 2903.03, or 2903.04 of 2,556
the Revised Code, a sibling of the child was the victim of the 2,557
violation OFFENSE, and the parent who committed the violation 2,559
OFFENSE poses an ongoing danger to the child or a sibling of the 2,560
child.
(7) THE PARENT HAS BEEN CONVICTED OF OR PLEADED GUILTY TO 2,563
ONE OF THE FOLLOWING: 2,564
(a) AN OFFENSE UNDER SECTION 2903.01, 2903.02, OR 2903.03 2,567
OF THE REVISED CODE OR UNDER AN EXISTING OR FORMER LAW OF THIS 2,569
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 2,571
SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN THOSE 2,572
61
SECTIONS AND THE VICTIM OF THE OFFENSE WAS A SIBLING OF THE CHILD 2,573
OR THE VICTIM WAS ANOTHER CHILD WHO LIVED IN THE PARENT'S 2,574
HOUSEHOLD AT THE TIME OF THE OFFENSE;
(b) AN OFFENSE UNDER SECTION 2903.11, 2903.12, OR 2903.13 2,577
OF THE REVISED CODE OR UNDER AN EXISTING OR FORMER LAW OF THIS 2,579
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 2,580
SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN THOSE 2,581
SECTIONS AND THE VICTIM OF THE OFFENSE IS THE CHILD, A SIBLING OF 2,582
THE CHILD, OR ANOTHER CHILD WHO LIVED IN THE PARENT'S HOUSEHOLD 2,583
AT THE TIME OF THE OFFENSE; 2,584
(c) AN OFFENSE UNDER DIVISION (B)(2) OF SECTION 2919.22 OF 2,587
THE REVISED CODE OR UNDER AN EXISTING OR FORMER LAW OF THIS 2,589
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 2,590
SUBSTANTIALLY EQUIVALENT TO THE OFFENSE DESCRIBED IN THAT SECTION 2,591
AND THE CHILD, A SIBLING OF THE CHILD, OR ANOTHER CHILD WHO LIVED 2,592
IN THE PARENT'S HOUSEHOLD AT THE TIME OF THE OFFENSE IS THE 2,594
VICTIM OF THE OFFENSE;
(d) AN OFFENSE UNDER SECTION 2907.02, 2907.03, 2907.04, 2,597
2907.05, OR 2907.06 OF THE REVISED CODE OR UNDER AN EXISTING OR 2,598
FORMER LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED STATES 2,600
THAT IS SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN THOSE 2,601
SECTIONS AND THE VICTIM OF THE OFFENSE IS THE CHILD, A SIBLING OF 2,602
THE CHILD, OR ANOTHER CHILD WHO LIVED IN THE PARENT'S HOUSEHOLD 2,603
AT THE TIME OF THE OFFENSE; 2,604
(e) A CONSPIRACY OR ATTEMPT TO COMMIT, OR COMPLICITY IN 2,607
COMMITTING, AN OFFENSE DESCRIBED IN DIVISION (E)(7)(a) OR (d) OF 2,609
THIS SECTION. 2,610
(8) THE PARENT HAS REPEATEDLY WITHHELD MEDICAL TREATMENT 2,613
OR FOOD FROM THE CHILD WHEN THE PARENT HAS THE MEANS TO PROVIDE 2,614
THE TREATMENT OR FOOD, AND, IN THE CASE OF WITHHELD MEDICAL 2,615
TREATMENT, THE PARENT WITHHELD IT FOR A PURPOSE OTHER THAN TO 2,617
TREAT THE PHYSICAL OR MENTAL ILLNESS OR DEFECT OF THE CHILD BY 2,618
SPIRITUAL MEANS THROUGH PRAYER ALONE IN ACCORDANCE WITH THE 2,619
TENETS OF A RECOGNIZED RELIGIOUS BODY. 2,620
62
(9) THE PARENT HAS PLACED THE CHILD AT SUBSTANTIAL RISK OF 2,623
HARM TWO OR MORE TIMES DUE TO ALCOHOL OR DRUG ABUSE AND HAS 2,624
REJECTED TREATMENT TWO OR MORE TIMES OR REFUSED TO PARTICIPATE IN 2,625
FURTHER TREATMENT TWO OR MORE TIMES AFTER A CASE PLAN ISSUED 2,626
PURSUANT TO SECTION 2151.412 OF THE REVISED CODE REQUIRING
TREATMENT OF THE PARENT WAS JOURNALIZED AS PART OF A 2,627
DISPOSITIONAL ORDER ISSUED WITH RESPECT TO THE CHILD OR AN ORDER 2,628
WAS ISSUED BY ANY OTHER COURT REQUIRING TREATMENT OF THE PARENT. 2,629
(10) THE PARENT HAS ABANDONED THE CHILD. 2,632
(11) THE PARENT HAS HAD PARENTAL RIGHTS TERMINATED 2,635
PURSUANT TO SECTION 2151.353, 2151.414, OR 2151.415 OF THE
REVISED CODE WITH RESPECT TO A SIBLING OF THE CHILD. 2,636
(12) The parent is incarcerated at the time of the filing 2,638
of the motion for permanent custody or the dispositional hearing 2,639
of the child and will not be available to care for the child for 2,640
at least eighteen months after the filing of the motion for 2,641
permanent custody or the dispositional hearing;. 2,642
(8)(13) The parent is repeatedly incarcerated, and the 2,645
repeated incarceration prevents the parent from providing care 2,647
for the child;. 2,648
(9)(14) The parent for any reason is unwilling to provide 2,650
food, clothing, shelter, and other basic necessities for the 2,651
child or to prevent the child from suffering physical, emotional, 2,652
or sexual abuse or physical, emotional, or mental neglect;. 2,653
(10)(15) The parent has committed abuse as described in 2,655
section 2151.031 of the Revised Code against the child or caused 2,657
or allowed the child to suffer neglect as described in section
2151.03 of the Revised Code, and the court determines that the 2,658
seriousness, nature, or likelihood of recurrence of the abuse or 2,659
neglect makes the child's placement with the child's parent a 2,660
threat to the child's safety; 2,661
(11) The parent committed abuse as described in section 2,663
2151.031 of the Revised Code against the child or caused or 2,665
allowed the child to suffer neglect as described in section 2,666
63
2151.03 of the Revised Code and a sibling of the child previously 2,667
has been permanently removed from the home of the child's parents 2,668
because the parent abused or neglected the sibling. 2,669
(12)(16) Any other factor the court considers relevant. 2,671
(F) The parents of a child for whom the court has issued 2,673
an order granting permanent custody pursuant to this section, 2,674
upon the issuance of the order, cease to be parties to the 2,675
action. This division is not intended to eliminate or restrict 2,676
any right of the parents to appeal the granting of permanent 2,677
custody of their child to a movant pursuant to this section. 2,678
Sec. 2151.415. (A) Any EXCEPT FOR CASES IN WHICH A MOTION 2,689
FOR PERMANENT CUSTODY DESCRIBED IN DIVISION (D)(1) OF SECTION 2,690
2151.413 OF THE REVISED CODE IS REQUIRED TO BE MADE, A public 2,692
children services agency or private child placing agency that has 2,693
been given temporary custody of a child pursuant to section 2,694
2151.353 of the Revised Code, not later than thirty days prior to 2,695
the earlier of the date for the termination of the custody order 2,696
pursuant to division (F) of section 2151.353 of the Revised Code 2,697
or the date set at the dispositional hearing for the hearing to 2,698
be held pursuant to this section, shall file a motion with the 2,699
court that issued the order of disposition requesting that any of 2,700
the following orders of disposition of the child be issued by the 2,701
court:
(1) An order that the child be returned home and the 2,704
custody of the child's parents, guardian, or custodian without 2,705
any restrictions; 2,706
(2) An order for protective supervision; 2,708
(3) An order that the child be placed in the legal custody 2,710
of a relative or other interested individual; 2,711
(4) An order permanently terminating the parental rights 2,713
of the child's parents; 2,714
(5) An order that the child be placed in long-term foster 2,716
care A PLANNED PERMANENT LIVING ARRANGEMENT; 2,717
(6) In accordance with division (D) of this section, an 2,719
64
order for the extension of temporary custody. 2,720
(B) Upon the filing of a motion pursuant to division (A) 2,722
of this section, the court shall hold a dispositional hearing on 2,723
the date set at the dispositional hearing held pursuant to 2,724
section 2151.35 of the Revised Code, with notice to all parties 2,725
to the action in accordance with the Juvenile Rules. After the 2,726
dispositional hearing or at a date after the dispositional 2,727
hearing that is not later than one year after the earlier of the 2,728
date on which the complaint in the case was filed or the child 2,729
was first placed into shelter care, the court, in accordance with 2,730
the best interest of the child as supported by the evidence 2,731
presented at the dispositional hearing, shall issue an order of 2,732
disposition as set forth in division (A) of this section, except 2,733
that all orders for permanent custody shall be made in accordance 2,734
with sections 2151.413 and 2151.414 of the Revised Code. IN 2,735
ISSUING AN ORDER OF DISPOSITION UNDER THIS SECTION, THE COURT 2,736
SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. 2,737
(C)(1) If an agency pursuant to division (A) of this 2,739
section requests the court to place a child into long-term foster 2,740
care A PLANNED PERMANENT LIVING ARRANGEMENT, the agency shall 2,741
present evidence to indicate why long-term foster care A PLANNED 2,743
PERMANENT LIVING ARRANGEMENT is appropriate for the child, 2,744
including, but not limited to, evidence that the agency has tried 2,745
or considered all other possible dispositions for the child. A 2,746
court shall not place a child in long-term foster care A PLANNED 2,747
PERMANENT LIVING ARRANGEMENT, unless it finds, by clear and 2,749
convincing evidence, that long-term foster care A PLANNED
PERMANENT LIVING ARRANGEMENT is in the best interest of the child 2,751
and that one of the following exists:
(a) The child, because of physical, mental, or 2,753
psychological problems or needs, is unable to function in a 2,754
family-like setting and must remain in residential or 2,755
institutional care;. 2,756
(b) The parents of the child have significant physical, 2,758
65
mental, or psychological problems and are unable to care for the 2,759
child because of those problems, adoption is not in the best 2,760
interest of the child, as determined in accordance with division 2,761
(D) of section 2151.414 of the Revised Code, and the child 2,762
retains a significant and positive relationship with a parent or 2,763
relative; 2,764
(c) The child is sixteen years of age or older, has been 2,766
counseled on the permanent placement options available, is 2,767
unwilling to accept or unable to adapt to a permanent placement, 2,768
and is in an agency program preparing for independent living. 2,769
(2) If the court issues an order placing a child in 2,771
long-term foster care, both of the following apply: 2,772
(a) The court shall issue a finding of fact setting forth 2,774
the reasons for its finding; 2,775
(b) The agency may make any appropriate placement for the 2,777
child and shall develop a case plan for the child that is 2,778
designed to assist the child in finding a permanent home outside 2,779
of the home of the parents. 2,780
(D)(1) If an agency pursuant to division (A) of this 2,782
section requests the court to grant an extension of temporary 2,783
custody for a period of up to six months, the agency shall 2,784
include in the motion an explanation of the progress on the case 2,785
plan of the child and of its expectations of reunifying the child 2,786
with its THE CHILD'S family, or placing the child in a permanent 2,787
placement, within the extension period. The court shall schedule 2,789
a hearing on the motion, give notice of its date, time, and 2,790
location to all parties and the guardian ad litem of the child, 2,791
and at the hearing consider the evidence presented by the parties 2,792
and the guardian ad litem. The court may extend the temporary 2,793
custody order of the child for a period of up to six months, if 2,794
it determines at the hearing, by clear and convincing evidence, 2,795
that the extension is in the best interest of the child, there 2,796
has been significant progress on the case plan of the child, and 2,797
there is reasonable cause to believe that the child will be 2,798
66
reunified with one of the parents or otherwise permanently placed 2,800
within the period of extension. IN DETERMINING WHETHER TO EXTEND 2,801
THE TEMPORARY CUSTODY OF THE CHILD PURSUANT TO THIS DIVISION, THE 2,802
COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE. If 2,803
the court extends the temporary custody of the child pursuant to 2,804
this division, upon request it shall issue findings of fact. 2,805
(2) Prior to the end of the extension granted pursuant to 2,807
division (D)(1) of this section, the agency that received the 2,808
extension shall file a motion with the court requesting the 2,809
issuance of one of the orders of disposition set forth in 2,810
divisions (A)(1) to (5) of this section or requesting the court 2,811
to extend the temporary custody order of the child for an 2,812
additional period of up to six months. If the agency requests 2,813
the issuance of an order of disposition under divisions (A)(1) to 2,814
(5) of this section or does not file any motion prior to the 2,815
expiration of the extension period, the court shall conduct a 2,816
hearing in accordance with division (B) of this section and issue 2,817
an appropriate order of disposition. IN ISSUING AN ORDER OF 2,818
DISPOSITION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 2,819
REVISED CODE.
If the agency requests an additional extension of up to six 2,821
months of the temporary custody order of the child, the court 2,822
shall schedule and conduct a hearing in the manner set forth in 2,823
division (D)(1) of this section. The court may extend the 2,824
temporary custody order of the child for an additional period of 2,825
up to six months if it determines at the hearing, by clear and 2,826
convincing evidence, that the additional extension is in the best 2,827
interest of the child, there has been substantial additional 2,828
progress since the original extension of temporary custody in the 2,829
case plan of the child, there has been substantial additional 2,830
progress since the original extension of temporary custody toward 2,831
reunifying the child with one of the parents or otherwise 2,832
permanently placing the child, and there is reasonable cause to 2,833
believe that the child will be reunified with one of the parents 2,835
67
or otherwise placed in a permanent setting before the expiration 2,836
of the additional extension period. IN DETERMINING WHETHER TO 2,837
GRANT AN ADDITIONAL EXTENSION, THE COURT SHALL COMPLY WITH 2,838
SECTION 2151.42 OF THE REVISED CODE. If the court extends the 2,839
temporary custody of the child for an additional period pursuant 2,840
to this division, upon request it shall issue findings of fact. 2,841
(3) Prior to the end of the extension of a temporary 2,843
custody order granted pursuant to division (D)(2) of this 2,844
section, the agency that received the extension shall file a 2,845
motion with the court requesting the issuance of one of the 2,846
orders of disposition set forth in divisions (A)(1) to (5) of 2,847
this section. Upon the filing of the motion by the agency or, if 2,848
the agency does not file the motion prior to the expiration of 2,849
the extension period, upon its own motion, the court, prior to 2,850
the expiration of the extension period, shall conduct a hearing 2,851
in accordance with division (B) of this section and issue an 2,852
appropriate order of disposition. IN ISSUING AN ORDER OF 2,853
DISPOSITION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 2,854
REVISED CODE.
(4) No court shall grant an agency more than two 2,856
extensions of temporary custody pursuant to division (D) of this 2,857
section. 2,858
(E) After the issuance of an order pursuant to division 2,860
(B) of this section, the court shall retain jurisdiction over the 2,861
child until the child attains the age of eighteen if the child is 2,862
not mentally retarded, developmentally disabled, or physically 2,864
impaired, the child attains the age of twenty-one if the child is 2,866
mentally retarded, developmentally disabled, or physically 2,867
impaired, or the child is adopted and a final decree of adoption 2,868
is issued, unless the court's jurisdiction over the child is 2,869
extended pursuant to division (E) of section 2151.353 of the 2,870
Revised Code.
(F) The court, on its own motion or the motion of the 2,872
agency or person with legal custody of the child, the child's 2,873
68
guardian ad litem, or any other party to the action, may conduct 2,874
a hearing with notice to all parties to determine whether any 2,875
order issued pursuant to this section should be modified or 2,876
terminated or whether any other dispositional order set forth in 2,877
divisions (A)(1) to (5) of this section should be issued. After 2,878
the hearing and consideration of all the evidence presented, the 2,879
court, in accordance with the best interest of the child, may 2,880
modify or terminate any order issued pursuant to this section or 2,881
issue any dispositional order set forth in divisions (A)(1) to 2,882
(5) of this section. IN RENDERING A DECISION UNDER THIS 2,883
DIVISION, THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE 2,884
REVISED CODE.
(G) If the court places a child in long-term foster care A 2,886
PLANNED PERMANENT LIVING ARRANGEMENT with a public children 2,888
services agency or a private child placing agency pursuant to 2,889
this section, the agency with which the child is placed in 2,890
long-term foster care A PLANNED PERMANENT LIVING ARRANGEMENT 2,891
shall not remove the child from the residential placement in 2,892
which the child is originally placed pursuant to the case plan 2,893
for the child or in which the child is placed with court approval 2,894
pursuant to this division, unless the court and the guardian ad 2,895
litem are given notice of the intended removal and the court 2,896
issues an order approving the removal or unless the removal is 2,897
necessary to protect the child from physical or emotional harm 2,898
and the agency gives the court notice of the removal and of the 2,899
reasons why the removal is necessary to protect the child from 2,900
physical or emotional harm immediately after the removal of the 2,901
child from the prior setting. 2,902
(H) If the hearing held under this section takes the place 2,904
of an administrative review that otherwise would have been held 2,905
under section 2151.416 of the Revised Code, the court at the 2,906
hearing held under this section shall do all of the following in 2,907
addition to any other requirements of this section: 2,908
(1) Determine the continued necessity for and the 2,910
69
appropriateness of the child's placement; 2,911
(2) Determine the extent of compliance with the child's 2,913
case plan; 2,914
(3) Determine the extent of progress that has been made 2,916
toward alleviating or mitigating the causes necessitating the 2,917
child's placement in foster care; 2,918
(4) Project a likely date by which the child may be 2,920
returned to his THE CHILD'S home or placed for adoption or legal 2,921
guardianship; 2,922
(5) Determine the future status of APPROVE THE PERMANENCY 2,924
PLAN FOR the child CONSISTENT WITH SECTION 2151.417 OF THE 2,925
REVISED CODE.
Sec. 2151.416. (A) Each agency that is required by 2,934
section 2151.412 of the Revised Code to prepare a case plan for a 2,935
child shall complete a semiannual administrative review of the 2,936
case plan no later than six months after the earlier of the date 2,937
on which the complaint in the case was filed or the child was 2,938
first placed in shelter care. After the first administrative 2,939
review, the agency shall complete semiannual administrative 2,940
reviews no later than every six months. If the court issues an 2,941
order pursuant to section 2151.414 or 2151.415 of the Revised 2,943
Code, the agency shall complete an administrative review no later 2,944
than six months after the court's order and continue to complete 2,945
administrative reviews no later than every six months after the 2,946
first review, except that the court hearing held pursuant to 2,947
section 2151.417 of the Revised Code may take the place of any 2,948
administrative review that would otherwise be held at the time of 2,949
the court hearing. WHEN CONDUCTING A REVIEW, THE CHILD'S HEALTH 2,950
AND SAFETY SHALL BE THE PARAMOUNT CONCERN. 2,951
(B) Each administrative review required by division (A) of 2,953
this section shall be conducted by a review panel of at least 2,954
three persons, including, but not limited to, both of the 2,955
following: 2,956
(1) A caseworker with day-to-day responsibility for, or 2,958
70
familiarity with, the management of the child's case plan; 2,959
(2) A person who is not responsible for the management of 2,961
the child's case plan or for the delivery of services to the 2,962
child or the parents, guardian, or custodian of the child. 2,963
(C) Each semiannual administrative review shall include, 2,965
but not be limited to, a joint meeting by the review panel with 2,966
the parents, guardian, or custodian of the child, the guardian ad 2,967
litem of the child, and the child's foster care provider and 2,968
shall include an opportunity for those persons to submit any 2,969
written materials to be included in the case record of the child. 2,970
If a parent, guardian, custodian, guardian ad litem, or foster 2,971
care provider of the child cannot be located after reasonable 2,972
efforts to do so or declines to participate in the administrative 2,973
review after being contacted, the agency does not have to include 2,974
them in the joint meeting. 2,975
(D) The agency shall prepare a written summary of the 2,977
semiannual administrative review that shall include, but not be 2,978
limited to, all of the following: 2,979
(1) A conclusion regarding the SAFETY AND appropriateness 2,981
of the child's foster care placement; 2,982
(2) The extent of the compliance with the case plan of all 2,984
parties; 2,985
(3) The extent of progress that has been made toward 2,987
alleviating the circumstances that required the agency to assume 2,988
temporary custody of the child; 2,989
(4) An estimated date by which the child may be returned 2,991
to AND SAFELY MAINTAINED IN the child's home or placed for 2,992
adoption or legal custody; 2,993
(5) An updated case plan that includes any changes that 2,995
the agency is proposing in the case plan; 2,996
(6) The recommendation of the agency as to which agency or 2,998
person should be given custodial rights over the child for the 2,999
six-month period after the administrative review; 3,000
(7) The names of all persons who participated in the 3,002
71
administrative review. 3,003
(E) The agency shall file the summary with the court no 3,006
later than seven days after the completion of the administrative
review. If the agency proposes a change to the case plan as a 3,007
result of the administrative review, the agency shall file the 3,008
proposed change with the court at the time it files the summary. 3,009
The agency shall give notice of the summary and proposed change 3,010
in writing before the end of the next day after filing them to 3,011
all parties and the child's guardian ad litem. All parties and
the guardian ad litem shall have seven days after the date the 3,012
notice is sent to object to and request a hearing on the proposed 3,013
change.
(1) If the court receives a timely request for a hearing, 3,015
the court shall schedule a hearing pursuant to section 2151.417 3,016
of the Revised Code to be held not later than thirty days after 3,017
the court receives the request. The court shall give notice of 3,018
the date, time, and location of the hearing to all parties and
the guardian ad litem. The agency may implement the proposed 3,019
change after the hearing, if the court approves it. The agency 3,020
shall not implement the proposed change unless it is approved by 3,021
the court.
(2) If the court does not receive a timely request for a 3,023
hearing, the court may approve the proposed change without a 3,024
hearing. If the court approves the proposed change without a 3,025
hearing, it shall journalize the case plan with the change not 3,026
later than fourteen days after the change is filed with the 3,027
court. If the court does not approve the proposed change to the
case plan, it shall schedule a review hearing to be held pursuant 3,028
to section 2151.417 of the Revised Code no later than thirty days 3,029
after the expiration of the fourteen-day time period and give 3,030
notice of the date, time, and location of the hearing to all 3,031
parties and the guardian ad litem of the child. If, despite the 3,032
requirements of this division and division (D) of section
2151.417 of the Revised Code, the court neither approves and 3,033
72
journalizes the proposed change nor conducts a hearing, the 3,034
agency may implement the proposed change not earlier than fifteen 3,035
days after it is submitted to the court.
(F) The department of human services may adopt rules 3,037
pursuant to Chapter 119. of the Revised Code for procedures and 3,038
standard forms for conducting administrative reviews pursuant to 3,039
this section. 3,040
(G) The juvenile court that receives the written summary 3,042
of the administrative review, upon determining, either from the 3,043
written summary, case plan, or otherwise, that the custody or 3,044
care arrangement is not in the best interest of the child, may 3,045
terminate the custody of an agency and place the child in the 3,046
custody of another institution or association certified by the 3,048
department of human services under section 5103.03 of the Revised
Code.
(H) The department of human services shall report annually 3,050
to the public and to the general assembly on the results of the 3,051
review of case plans of each agency and on the results of the 3,052
summaries submitted to the department under section 3107.10 of 3,053
the Revised Code. The annual report shall include any 3,054
information that is required by the department, including, but 3,055
not limited to, all of the following: 3,056
(1) A statistical analysis of the administrative reviews 3,058
conducted pursuant to this section and section 2151.417 of the 3,059
Revised Code; 3,060
(2) The number of children in temporary or permanent 3,062
custody for whom an administrative review was conducted, the 3,063
number of children whose custody status changed during the 3,064
period, the number of children whose residential placement 3,065
changed during the period, and the number of residential 3,066
placement changes for each child during the period; 3,067
(3) An analysis of the utilization of public social 3,069
services by agencies and parents or guardians, and the 3,070
utilization of the adoption listing service of the department 3,071
73
pursuant to section 5103.154 of the Revised Code; 3,072
(4) A compilation and analysis of data submitted to the 3,074
department under section 3107.10 of the Revised Code. 3,075
Sec. 2151.417. (A) Any court that issues a dispositional 3,084
order pursuant to section 2151.353, 2151.414, or 2151.415 of the 3,085
Revised Code may review at any time the child's placement or 3,086
custody arrangement, the case plan prepared for the child 3,087
pursuant to section 2151.412 of the Revised Code, the actions of 3,088
the public children services agency or private child placing 3,089
agency in implementing that case plan, THE CHILD'S PERMANENCY 3,090
PLAN, IF THE CHILD'S PERMANENCY PLAN HAS BEEN APPROVED and any 3,091
other aspects of the child's placement or custody arrangement. 3,092
In conducting the review, the court shall determine the 3,093
appropriateness of any agency actions, the SAFETY AND 3,094
appropriateness of continuing the child's placement or custody 3,096
arrangement, and whether any changes should be made with respect 3,097
to the child's PERMANENCY PLAN OR placement or custody 3,098
arrangement or with respect to the actions of the agency under 3,099
the child's placement or custody arrangement. Based upon the 3,100
evidence presented at a hearing held after notice to all parties 3,101
and the guardian ad litem of the child, the court may require the 3,102
agency, the parents, guardian, or custodian of the child, and the 3,103
physical custodians of the child to take any reasonable action 3,104
that the court determines is necessary and in the best interest 3,105
of the child or to discontinue any action that it determines is 3,106
not in the best interest of the child. 3,107
(B) If a court issues a dispositional order pursuant to 3,109
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the 3,110
court has continuing jurisdiction over the child as set forth in 3,111
division (E)(1) of section 2151.353 of the Revised Code. The 3,112
court may amend a dispositional order in accordance with division 3,113
(E)(2) of section 2151.353 of the Revised Code at any time upon 3,114
its own motion or upon the motion of any interested party. THE 3,116
COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED CODE IN
74
AMENDING ANY DISPOSITIONAL ORDER PURSUANT TO THIS DIVISION. 3,117
(C) Any court that issues a dispositional order pursuant 3,119
to section 2151.353, 2151.414, or 2151.415 of the Revised Code 3,120
shall hold a review hearing one year after the earlier of the 3,121
date on which the complaint in the case was filed or the child 3,122
was first placed into shelter care to review the case plan 3,123
prepared pursuant to section 2151.412 of the Revised Code and to 3,124
review the child's placement or custody arrangement, TO APPROVE 3,125
OR REVIEW THE PERMANENCY PLAN FOR THE CHILD, AND TO MAKE CHANGES 3,127
TO THE CASE PLAN AND PLACEMENT OR CUSTODY ARRANGEMENT CONSISTENT 3,128
WITH THE PERMANENCY PLAN. The court shall schedule the review 3,130
hearing at the time that it holds the dispositional hearing 3,131
pursuant to section 2151.35 of the Revised Code. 3,132
The court shall hold a similar review hearing no later than 3,134
every twelve months after the initial review hearing until the 3,135
child is adopted, returned to the parents, or the court otherwise 3,137
terminates the child's placement or custody arrangement, except 3,138
that the dispositional hearing held pursuant to section 2151.415 3,139
of the Revised Code shall take the place of the first review 3,140
hearing to be held under this section. The court shall schedule 3,141
each subsequent review hearing at the conclusion of the review 3,142
hearing immediately preceding the review hearing to be scheduled. 3,143
(D) If, within fourteen days after a written summary of an 3,145
administrative review is filed with the court pursuant to section 3,146
2151.416 of the Revised Code, the court does not approve the 3,147
proposed change to the case plan filed pursuant to division (E) 3,149
of section 2151.416 of the Revised Code or a party or the 3,150
guardian ad litem requests a review hearing pursuant to division 3,152
(E) of that section, the court shall hold a review hearing in the 3,153
same manner that it holds review hearings pursuant to division 3,154
(C) of this section, except that if a review hearing is required 3,155
by this division and if a hearing is to be held pursuant to 3,156
division (C) of this section or section 2151.415 of the Revised 3,157
Code, the hearing held pursuant to division (C) of this section 3,158
75
or section 2151.415 of the Revised Code shall take the place of 3,159
the review hearing required by this division. 3,160
(E) IF A COURT DETERMINES PURSUANT TO SECTION 2151.419 OF 3,163
THE REVISED CODE THAT A PUBLIC CHILDREN SERVICES AGENCY OR 3,165
PRIVATE CHILD PLACING AGENCY IS NOT REQUIRED TO MAKE REASONABLE 3,166
EFFORTS TO PREVENT THE REMOVAL OF A CHILD FROM THE CHILD'S HOME, 3,167
ELIMINATE THE CONTINUED REMOVAL OF A CHILD FROM THE CHILD'S HOME, 3,168
AND RETURN THE CHILD TO THE CHILD'S HOME, AND THE COURT DOES NOT 3,169
RETURN THE CHILD TO THE CHILD'S HOME PURSUANT TO DIVISION (A)(3) 3,170
OF SECTION 2151.419 OF THE REVISED CODE, THE COURT SHALL HOLD A 3,172
REVIEW HEARING TO APPROVE THE PERMANENCY PLAN FOR THE CHILD AND, 3,173
IF APPROPRIATE, TO MAKE CHANGES TO THE CHILD'S CASE PLAN AND THE 3,174
CHILD'S PLACEMENT OR CUSTODY ARRANGEMENT CONSISTENT WITH THE 3,175
PERMANENCY PLAN. THE COURT MAY HOLD THE HEARING IMMEDIATELY 3,176
FOLLOWING THE DETERMINATION UNDER SECTION 2151.419 OF THE REVISED 3,178
CODE AND SHALL HOLD IT NO LATER THAN THIRTY DAYS AFTER MAKING 3,179
THAT DETERMINATION.
(F) The court shall give notice of the review hearings 3,181
held pursuant to this section to every interested party, 3,182
including, but not limited to, the appropriate agency employees 3,183
who are responsible for the child's care and planning, the 3,184
child's parents, any person who had guardianship or legal custody 3,185
of the child prior to the custody order, the child's guardian ad 3,186
litem, and the child. The court shall summon every interested 3,187
party to appear at the review hearing and give them an 3,188
opportunity to testify and to present other evidence with respect 3,189
to the child's custody arrangement, including, but not limited 3,190
to, THE FOLLOWING: the case plan for the child, THE PERMANENCY 3,192
PLAN, IF ONE EXISTS; the actions taken by the child's custodian,; 3,193
the need for a change in the child's custodian or caseworker, or; 3,194
AND the need for any specific action to be taken with respect to 3,196
the child. The court shall require any interested party to 3,197
testify or present other evidence when necessary to a proper 3,198
determination of the issues presented at the review hearing. 3,199
76
(F)(G) After the review hearing, the court shall take the 3,201
following actions based upon the evidence presented: 3,202
(1) Determine IF AN ADMINISTRATIVE REVIEW HAS BEEN 3,204
CONDUCTED, DETERMINE whether the conclusions of the 3,205
administrative review are supported by a preponderance of the 3,206
evidence and approve or modify the case plan based upon that 3,207
evidence; 3,208
(2) If THE HEARING WAS HELD UNDER DIVISION (C) OR (E) OF 3,212
THIS SECTION, APPROVE A PERMANENCY PLAN FOR THE CHILD THAT 3,213
SPECIFIES WHETHER AND, IF APPLICABLE, WHEN THE CHILD WILL BE 3,214
SAFELY RETURNED HOME OR PLACED FOR ADOPTION, FOR LEGAL CUSTODY, 3,215
OR IN A PLANNED PERMANENT LIVING ARRANGEMENT. A PERMANENCY PLAN 3,216
APPROVED AFTER A HEARING UNDER DIVISION (E) OF THIS SECTION SHALL 3,218
NOT INCLUDE ANY PROVISION REQUIRING THE CHILD TO BE RETURNED TO 3,219
THE CHILD'S HOME.
(3) IF the child is in temporary custody, do all of the 3,221
following: 3,222
(a) Determine whether the child can and should be returned 3,224
home with or without an order for protective supervision; 3,225
(b) If the child can and should be returned home with or 3,227
without an order for protective supervision, terminate the order 3,228
for temporary custody; 3,229
(c) If the child cannot or should not be returned home 3,231
with an order for protective supervision, determine whether the 3,232
agency currently with custody of the child should retain custody 3,233
or whether another public children services agency, private child 3,234
placing agency, or an individual should be given custody of the 3,235
child. 3,236
THE COURT SHALL COMPLY WITH SECTION 2151.42 OF THE REVISED 3,238
CODE IN TAKING ANY ACTION UNDER THIS DIVISION. 3,239
(3)(4) If the child is in permanent custody, determine 3,241
what actions are required by the custodial agency and of any 3,242
other organizations or persons in order to facilitate an adoption 3,243
of the child and make any appropriate orders with respect to the 3,244
77
custody arrangement or conditions of the child, including, but 3,245
not limited to, a transfer of permanent custody to another public 3,246
children services agency or private child placing agency; 3,247
(4)(5) Journalize the terms of the updated case plan for 3,249
the child. 3,250
(G)(H) The court may appoint a referee or a citizens 3,252
review board to conduct the review hearings that the court is 3,253
required by this section to conduct, subject to the review and 3,254
approval by the court of any determinations made by the referee 3,255
or citizens review board. If the court appoints a citizens 3,256
review board to conduct the review hearings, the board shall 3,257
consist of one member representing the general public and four 3,258
members who are trained or experienced in the care or placement 3,259
of children and have training or experience in the fields of 3,260
medicine, psychology, social work, education, or any related 3,261
field. Of the initial appointments to the board, two shall be 3,262
for a term of one year, two shall be for a term of two years, and 3,263
one shall be for a term of three years, with all the terms ending 3,264
one year after the date on which the appointment was made. 3,265
Thereafter, all terms of the board members shall be for three 3,266
years and shall end on the same day of the same month of the year 3,267
as did the term that they succeed. Any member appointed to fill 3,268
a vacancy occurring prior to the expiration of the term for which 3,269
the member's predecessor was appointed shall hold office for the 3,271
remainder of the term. 3,272
(H)(I) A copy of the court's determination following any 3,274
review hearing held pursuant to this section shall be sent to the 3,275
custodial agency, the guardian ad litem of the child who is the 3,276
subject of the review hearing, and, if that child is not the 3,277
subject of a permanent commitment hearing, the parents of the 3,278
child. 3,279
(I)(J) If the hearing held under this section takes the 3,281
place of an administrative review that otherwise would have been 3,282
held under section 2151.416 of the Revised Code, the court at the 3,283
78
hearing held under this section shall do all of the following in 3,284
addition to any other requirements of this section: 3,285
(1) Determine the continued necessity for and the SAFETY 3,287
AND appropriateness of the child's placement; 3,288
(2) Determine the extent of compliance with the child's 3,290
case plan; 3,291
(3) Determine the extent of progress that has been made 3,293
toward alleviating or mitigating the causes necessitating the 3,294
child's placement in foster care; 3,295
(4) Project a likely date by which the child may be SAFELY 3,298
returned home or placed for adoption or legal guardianship; 3,299
(5) Determine the future status of the child CUSTODY. 3,302
(K)(1) WHENEVER THE COURT IS REQUIRED TO APPROVE A 3,304
PERMANENCY PLAN UNDER THIS SECTION OR SECTION 2151.415 OF THE 3,306
REVISED CODE, THE PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE 3,308
CHILD PLACING AGENCY THAT FILED THE COMPLAINT IN THE CASE, HAS 3,309
CUSTODY OF THE CHILD, OR WILL BE GIVEN CUSTODY OF THE CHILD SHALL 3,310
DEVELOP A PERMANENCY PLAN FOR THE CHILD. THE AGENCY MUST FILE 3,311
THE PLAN WITH THE COURT PRIOR TO THE HEARING UNDER THIS SECTION 3,312
OR SECTION 2151.415 OF THE REVISED CODE. 3,314
(2) THE PERMANENCY PLAN DEVELOPED BY THE AGENCY MUST 3,316
SPECIFY WHETHER AND, IF APPLICABLE, WHEN THE CHILD WILL BE SAFELY 3,318
RETURNED HOME OR PLACED FOR ADOPTION OR LEGAL CUSTODY. IF THE 3,319
AGENCY DETERMINES THAT THERE IS A COMPELLING REASON WHY RETURNING 3,320
THE CHILD HOME OR PLACING THE CHILD FOR ADOPTION OR LEGAL CUSTODY 3,321
IS NOT IN THE BEST INTEREST OF THE CHILD, THE PLAN SHALL PROVIDE 3,322
THAT THE CHILD WILL BE PLACED IN A PLANNED PERMANENT LIVING 3,323
ARRANGEMENT. A PERMANENCY PLAN DEVELOPED AS A RESULT OF A 3,324
DETERMINATION MADE UNDER DIVISION (A)(2) OF SECTION 2151.419 OF 3,326
THE REVISED CODE MAY NOT INCLUDE ANY PROVISION REQUIRING THE 3,327
CHILD TO BE RETURNED HOME. 3,328
Sec. 2151.419. (A) At (1) EXCEPT AS PROVIDED IN DIVISION 3,338
(A)(2) OF THIS SECTION, AT any hearing held pursuant to section 3,340
2151.28, division (E) of section 2151.31, or section 2151.314, 3,341
79
2151.33, or 2151.353 of the Revised Code at which the court 3,342
removes a child from his THE CHILD'S home or continues the
removal of a child from his THE CHILD'S home, the court shall 3,344
determine whether the public children services agency or private 3,346
child placing agency that filed the complaint in the case, 3,347
removed the child from his home, has custody of the child, or 3,349
will be given custody of the child has made reasonable efforts to 3,350
prevent the removal of the child from his THE CHILD'S home, to 3,351
eliminate the continued removal of the child from his THE CHILD'S 3,353
home, or to make it possible for the child to return SAFELY home. 3,355
The agency shall have the burden of proving that it has made 3,356
those reasonable efforts. If the agency removed the child from 3,357
his home during an emergency in which the child could not safely 3,359
remain at home and the agency did not have prior contact with the 3,360
child, the court is not prohibited, solely because the agency did 3,361
not make the reasonable efforts during the emergency to prevent 3,362
the removal of the child, from determining that the agency made 3,363
those reasonable efforts IN DETERMINING WHETHER REASONABLE
EFFORTS WERE MADE, THE CHILD'S HEALTH AND SAFETY SHALL BE 3,364
PARAMOUNT.
(2) IF ANY OF THE FOLLOWING APPLY, THE COURT SHALL MAKE A 3,367
DETERMINATION THAT THE AGENCY IS NOT REQUIRED TO MAKE REASONABLE 3,368
EFFORTS TO PREVENT THE REMOVAL OF THE CHILD FROM THE CHILD'S 3,369
HOME, ELIMINATE THE CONTINUED REMOVAL OF THE CHILD FROM THE 3,370
CHILD'S HOME, AND RETURN THE CHILD TO THE CHILD'S HOME: 3,371
(a) THE PARENT FROM WHOM THE CHILD WAS REMOVED HAS BEEN 3,374
CONVICTED OF OR PLEADED GUILTY TO ONE OF THE FOLLOWING: 3,375
(i) AN OFFENSE UNDER SECTION 2903.01, 2903.02, OR 2903.03 3,378
OF THE REVISED CODE OR UNDER AN EXISTING OR FORMER LAW OF THIS 3,380
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 3,382
SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN THOSE 3,383
SECTIONS AND THE VICTIM OF THE OFFENSE WAS A SIBLING OF THE CHILD 3,384
OR THE VICTIM WAS ANOTHER CHILD WHO LIVED IN THE PARENT'S 3,385
HOUSEHOLD AT THE TIME OF THE OFFENSE;
80
(ii) AN OFFENSE UNDER SECTION 2903.11, 2903.12, OR 2903.13 3,388
OF THE REVISED CODE OR UNDER AN EXISTING OR FORMER LAW OF THIS 3,390
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 3,391
SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN THOSE 3,392
SECTIONS AND THE VICTIM OF THE OFFENSE IS THE CHILD, A SIBLING OF 3,393
THE CHILD, OR ANOTHER CHILD WHO LIVED IN THE PARENT'S HOUSEHOLD 3,394
AT THE TIME OF THE OFFENSE; 3,395
(iii) AN OFFENSE UNDER DIVISION (B)(2) OF SECTION 2919.22 3,398
OF THE REVISED CODE OR UNDER AN EXISTING OR FORMER LAW OF THIS 3,400
STATE, ANY OTHER STATE, OR THE UNITED STATES THAT IS 3,401
SUBSTANTIALLY EQUIVALENT TO THE OFFENSE DESCRIBED IN THAT SECTION 3,402
AND THE CHILD, A SIBLING OF THE CHILD, OR ANOTHER CHILD WHO LIVED 3,403
IN THE PARENT'S HOUSEHOLD AT THE TIME OF THE OFFENSE IS THE 3,405
VICTIM OF THE OFFENSE;
(iv) AN OFFENSE UNDER SECTION 2907.02, 2907.03, 2907.04, 3,408
2907.05, OR 2907.06 OF THE REVISED CODE OR UNDER AN EXISTING OR 3,409
FORMER LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED STATES 3,411
THAT IS SUBSTANTIALLY EQUIVALENT TO AN OFFENSE DESCRIBED IN THOSE 3,412
SECTIONS AND THE VICTIM OF THE OFFENSE IS THE CHILD, A SIBLING OF 3,413
THE CHILD, OR ANOTHER CHILD WHO LIVED IN THE PARENT'S HOUSEHOLD 3,414
AT THE TIME OF THE OFFENSE; 3,415
(v) A CONSPIRACY OR ATTEMPT TO COMMIT, OR COMPLICITY IN 3,418
COMMITTING, AN OFFENSE DESCRIBED IN DIVISION (A)(2)(a)(i) OR (iv) 3,419
OF THIS SECTION. 3,421
(b) THE PARENT FROM WHOM THE CHILD WAS REMOVED HAS 3,423
REPEATEDLY WITHHELD MEDICAL TREATMENT OR FOOD FROM THE CHILD WHEN 3,425
THE PARENT HAS THE MEANS TO PROVIDE THE TREATMENT OR FOOD. IF 3,426
THE PARENT HAS WITHHELD MEDICAL TREATMENT IN ORDER TO TREAT THE 3,427
PHYSICAL OR MENTAL ILLNESS OR DEFECT OF THE CHILD BY SPIRITUAL 3,428
MEANS THROUGH PRAYER ALONE, IN ACCORDANCE WITH THE TENETS OF A 3,429
RECOGNIZED RELIGIOUS BODY, THE COURT OR AGENCY SHALL COMPLY WITH 3,430
THE REQUIREMENTS OF DIVISION (A)(1) OF THIS SECTION. 3,431
(c) THE PARENT FROM WHOM THE CHILD WAS REMOVED HAS PLACED 3,434
THE CHILD AT SUBSTANTIAL RISK OF HARM TWO OR MORE TIMES DUE TO
81
ALCOHOL OR DRUG ABUSE AND HAS REJECTED TREATMENT TWO OR MORE 3,435
TIMES OR REFUSED TO PARTICIPATE IN FURTHER TREATMENT TWO OR MORE 3,436
TIMES AFTER A CASE PLAN ISSUED PURSUANT TO SECTION 2151.412 OF 3,437
THE REVISED CODE REQUIRING TREATMENT OF THE PARENT WAS 3,438
JOURNALIZED AS PART OF A DISPOSITIONAL ORDER ISSUED WITH RESPECT 3,439
TO THE CHILD OR AN ORDER WAS ISSUED BY ANY OTHER COURT REQUIRING
SUCH TREATMENT OF THE PARENT. 3,440
(d) THE PARENT FROM WHOM THE CHILD WAS REMOVED HAS 3,442
ABANDONED THE CHILD. 3,443
(e) THE PARENT FROM WHOM THE CHILD WAS REMOVED HAS HAD 3,445
PARENTAL RIGHTS TERMINATED PURSUANT TO SECTION 2151.353, 3,446
2151.414, OR 2151.415 OF THE REVISED CODE WITH RESPECT TO A 3,447
SIBLING OF THE CHILD.
(3) AT ANY HEARING IN WHICH THE COURT DETERMINES WHETHER 3,449
TO RETURN A CHILD TO THE CHILD'S HOME, THE COURT MAY ISSUE AN 3,450
ORDER THAT RETURNS THE CHILD IN SITUATIONS IN WHICH THE 3,451
CONDITIONS DESCRIBED IN DIVISIONS (A)(2)(a) TO (e) OF THIS 3,453
SECTION ARE PRESENT. 3,454
(B) The court shall issue written finding of facts setting 3,456
forth its determination under division (A) of this section. In 3,458
its written finding of facts, the (1) A COURT THAT IS REQUIRED 3,460
TO MAKE A DETERMINATION AS DESCRIBED IN DIVISION (A)(1) OR (2) OF 3,462
THIS SECTION SHALL ISSUE WRITTEN FINDINGS OF FACT SETTING FORTH 3,463
THE REASONS SUPPORTING ITS DETERMINATION. IF THE court MAKES A 3,464
WRITTEN DETERMINATION UNDER DIVISION (A)(1) OF THIS SECTION, IT 3,466
shall briefly describe IN THE FINDINGS OF FACT the relevant
services provided by the agency to the family of the child and 3,468
why those services did not prevent the removal of the child from 3,469
his THE CHILD'S home or enable the child to return SAFELY home. 3,470
(2) IF A COURT ISSUES AN ORDER THAT RETURNS THE CHILD TO 3,472
THE CHILD'S HOME IN SITUATIONS IN WHICH DIVISION (A)(2)(a), (b), 3,474
(c), (d), OR (e) OF THIS SECTION APPLIES, THE COURT SHALL ISSUE 3,475
WRITTEN FINDINGS OF FACT SETTING FORTH THE REASONS SUPPORTING ITS 3,477
DETERMINATION. 3,478
82
(C) IF THE COURT MAKES A DETERMINATION PURSUANT TO 3,480
DIVISION (A)(2) OF THIS SECTION, THE COURT SHALL CONDUCT A REVIEW 3,481
HEARING PURSUANT TO SECTION 2151.417 OF THE REVISED CODE TO 3,482
APPROVE A PERMANENCY PLAN WITH RESPECT TO THE CHILD, UNLESS THE 3,483
COURT ISSUES AN ORDER RETURNING THE CHILD HOME PURSUANT TO 3,484
DIVISION (A)(3) OF THIS SECTION. THE HEARING TO APPROVE THE 3,486
PERMANENCY PLAN MAY BE HELD IMMEDIATELY FOLLOWING THE COURT'S 3,487
DETERMINATION PURSUANT TO DIVISION (A)(2) OF THIS SECTION AND 3,488
SHALL BE HELD NO LATER THAN THIRTY DAYS FOLLOWING THAT 3,489
DETERMINATION. 3,490
Sec. 2151.42. (A) AT ANY HEARING IN WHICH A COURT IS 3,493
ASKED TO MODIFY OR TERMINATE AN ORDER OF DISPOSITION ISSUED UNDER
SECTION 2151.353, 2151.415, OR 2151.417 OF THE REVISED CODE, THE 3,496
COURT, IN DETERMINING WHETHER TO RETURN THE CHILD TO THE CHILD'S 3,497
PARENTS, SHALL CONSIDER WHETHER IT IS IN THE BEST INTEREST OF THE 3,498
CHILD. IF THE ORDER OF DISPOSITION THAT IS THE SUBJECT OF A 3,499
HEARING UNDER THIS SECTION INVOLVES A PREVIOUS AWARD OF LEGAL 3,500
CUSTODY UNDER DIVISION (A)(3) OF SECTION 2151.353 OF THE REVISED 3,501
CODE AND IS GOVERNED BY DIVISION (E) OF SECTION 3109.04 OF THE 3,503
REVISED CODE, THE COURT SHALL COMPLY WITH THE REQUIREMENTS OF 3,504
DIVISION (E) OF SECTION 3109.04 OF THE REVISED CODE IN ITS 3,505
MODIFICATION OR TERMINATION OF THE ORDER OF DISPOSITION. 3,506
(B) ADDITIONALLY, AN ORDER OF DISPOSITION ISSUED UNDER 3,508
DIVISION (A)(3) OF SECTION 2151.353, DIVISION (A)(3) OF SECTION 3,510
2151.415, OR SECTION 2151.417 OF THE REVISED CODE GRANTING LEGAL 3,514
CUSTODY OF A CHILD TO A PERSON IS INTENDED TO BE PERMANENT IN 3,515
NATURE. A COURT SHALL NOT MODIFY OR TERMINATE AN ORDER ISSUED
UNDER EITHER OF THOSE DIVISIONS OR THAT SECTION GRANTING LEGAL 3,516
CUSTODY OF A CHILD TO A PERSON UNLESS IT FINDS, BASED ON FACTS 3,518
THAT HAVE ARISEN SINCE THE ORDER WAS ISSUED OR THAT WERE UNKNOWN 3,519
TO THE COURT AT THAT TIME, THAT A CHANGE HAS OCCURRED IN THE 3,521
CIRCUMSTANCES OF THE CHILD, THE CHILD'S PARENTS, OR THE PERSON, 3,522
AND THAT MODIFICATION OR TERMINATION OF THE ORDER IS NECESSARY TO
SERVE THE BEST INTEREST OF THE CHILD. 3,523
83
Sec. 2151.424. (A) IF A CHILD HAS BEEN PLACED IN A FOSTER 3,526
HOME OR IS IN THE CUSTODY OF A RELATIVE OF THE CHILD, OTHER THAN 3,527
A PARENT OF THE CHILD, A COURT, PRIOR TO CONDUCTING ANY HEARING 3,528
PURSUANT TO DIVISION (E)(2) OR (3) OF SECTION 2151.412 OR SECTION 3,530
2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416, OR 3,531
2151.417 OF THE REVISED CODE WITH RESPECT TO THE CHILD, SHALL 3,534
NOTIFY THE FOSTER CAREGIVER OR RELATIVE OF THE DATE, TIME, AND 3,535
PLACE OF THE HEARING. AT THE HEARING, THE FOSTER CAREGIVER OR 3,536
RELATIVE MAY PRESENT EVIDENCE.
(B) IF A PUBLIC CHILDREN SERVICES AGENCY OR PRIVATE CHILD 3,539
PLACING AGENCY HAS PERMANENT CUSTODY OF A CHILD AND A PETITION TO 3,540
ADOPT THE CHILD HAS BEEN FILED UNDER CHAPTER 3107. OF THE REVISED 3,542
CODE, THE AGENCY, PRIOR TO CONDUCTING A REVIEW UNDER SECTION 3,544
2151.416 OF THE REVISED CODE, OR A COURT, PRIOR TO CONDUCTING A 3,547
HEARING UNDER DIVISION (E)(2) OR (3) OF SECTION 2151.412 OR 3,549
SECTION 2151.416 OR 2151.417 OF THE REVISED CODE, SHALL NOTIFY 3,551
THE PROSPECTIVE ADOPTIVE PARENT OF THE DATE, TIME, AND PLACE OF 3,552
THE REVIEW OR HEARING. AT THE REVIEW OR HEARING, THE PROSPECTIVE 3,553
ADOPTIVE PARENT MAY PRESENT EVIDENCE. 3,555
(C) THE NOTICE AND THE OPPORTUNITY TO PRESENT EVIDENCE DO 3,558
NOT MAKE THE FOSTER CAREGIVER, RELATIVE, OR PROSPECTIVE ADOPTIVE 3,559
PARENT A PARTY IN THE ACTION OR PROCEEDING PURSUANT TO WHICH THE 3,560
REVIEW OR HEARING IS CONDUCTED. 3,561
Sec. 3107.07. Consent to adoption is not required of any 3,570
of the following: 3,571
(A) A parent of a minor, when it is alleged in the 3,573
adoption petition and the court finds after proper service of 3,574
notice and hearing, that the parent has failed without 3,575
justifiable cause to communicate with the minor or to provide for 3,576
the maintenance and support of the minor as required by law or 3,577
judicial decree for a period of at least one year immediately 3,578
preceding either the filing of the adoption petition or the 3,579
placement of the minor in the home of the petitioner. 3,580
(B) The putative father of a minor if either of the 3,582
84
following applies: 3,583
(1) The putative father fails to register as the minor's 3,586
putative father with the putative father registry established
under section 3107.062 of the Revised Code not later than thirty 3,587
days after the minor's birth; 3,588
(2) The court finds, after proper service of notice and 3,590
hearing, that any of the following are the case: 3,591
(a) The putative father is not the father of the minor; 3,593
(b) The putative father has willfully abandoned or failed 3,596
to care for and support the minor;
(c) The putative father has willfully abandoned the mother 3,598
of the minor during her pregnancy and up to the time of her 3,599
surrender of the minor, or the minor's placement in the home of 3,600
the petitioner, whichever occurs first. 3,601
(C) Except as provided in section 3107.071 of the Revised 3,603
Code, a parent who has entered into a voluntary permanent custody 3,604
surrender agreement under division (B) of section 5103.15 of the 3,605
Revised Code;
(D) A parent whose parental rights have been terminated by 3,607
order of a juvenile court under Chapter 2151. of the Revised 3,608
Code;
(E) A parent who is married to the petitioner and supports 3,610
the adoption;
(F) The father, or putative father, of a minor if the 3,613
minor is conceived as the result of the commission of rape by the 3,614
father or putative father and the father or putative father is
convicted of or pleads guilty to the commission of that offense. 3,615
As used in this division, "rape" means a violation of section 3,616
2907.02 of the Revised Code or a similar law of another state. 3,618
(G) A legal guardian or guardian ad litem of a parent 3,620
judicially declared incompetent in a separate court proceeding 3,621
who has failed to respond in writing to a request for consent, 3,622
for a period of thirty days, or who, after examination of the 3,623
written reasons for withholding consent, is found by the court to 3,624
85
be withholding consent unreasonably; 3,625
(H) Any legal guardian or lawful custodian of the person 3,627
to be adopted, other than a parent, who has failed to respond in 3,628
writing to a request for consent, for a period of thirty days, or 3,629
who, after examination of the written reasons for withholding 3,630
consent, is found by the court to be withholding consent 3,631
unreasonably; 3,632
(I) The spouse of the person to be adopted, if the failure 3,634
of the spouse to consent to the adoption is found by the court to 3,635
be by reason of prolonged unexplained absence, unavailability, 3,636
incapacity, or circumstances that make it impossible or 3,637
unreasonably difficult to obtain the consent or refusal of the 3,638
spouse; 3,639
(J) Any parent, legal guardian, or other lawful custodian 3,641
in a foreign country, if the person to be adopted has been 3,642
released for adoption pursuant to the laws of the country in 3,643
which the person resides and the release of such person is in a 3,644
form that satisfies the requirements of the immigration and 3,645
naturalization service of the United States department of justice 3,646
for purposes of immigration to the United States pursuant to 3,647
section 101(b)(1)(F) of the "Immigration and Nationality Act," 75 3,649
Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or
reenacted. 3,650
(K) Except as provided in divisions (G) and (H) of this 3,653
section, a juvenile court, agency, or person given notice of the 3,654
petition pursuant to division (A)(2) of section 3107.11 of the 3,655
Revised Code that fails to file an objection to the petition 3,657
within fourteen days after proof is filed pursuant to division 3,658
(B) of that section that the notice was given; 3,659
(L) ANY GUARDIAN, CUSTODIAN, OR OTHER PARTY WHO HAS 3,661
TEMPORARY CUSTODY OF THE CHILD. 3,662
Sec. 3107.11. (A) After the filing of a petition to adopt 3,671
an adult or a minor, the court shall fix a time and place for 3,672
hearing the petition. The hearing may take place at any time 3,673
86
more than thirty days after the date on which the minor is placed 3,674
in the home of the petitioner. At least twenty days before the 3,675
date of hearing, notice of the filing of the petition and of the 3,676
time and place of hearing shall be given by the court to all of 3,677
the following: 3,678
(1) The department of human services; 3,680
(2) Any juvenile court, agency, or person whose consent to 3,682
the adoption is required by this chapter but who has not 3,683
consented;
(3) A person whose consent is not required as provided by 3,685
division (A), (G), (H), or (I) of section 3107.07 of the Revised 3,687
Code and has not consented;
(4) ANY GUARDIAN, CUSTODIAN, OR OTHER PARTY WHO HAS 3,689
TEMPORARY CUSTODY OR PERMANENT CUSTODY OF THE CHILD. 3,690
The notice to the department of human services shall be 3,692
accompanied by a copy of the petition. Notice shall not be given 3,693
to a person whose consent is not required as provided by division 3,694
(B), (C), (D), (E), (F), or (J) of section 3107.07, or section 3,696
3107.071, of the Revised Code. Second notice shall not be given 3,697
to a juvenile court, agency, or person whose consent is not 3,698
required as provided by division (K) of section 3107.07 of the 3,699
Revised Code because the court, agency, or person failed to file 3,700
an objection to the petition within fourteen days after proof was 3,701
filed pursuant to division (B) of this section that a first 3,702
notice was given to the court, agency, or person pursuant to 3,703
division (A)(2) of this section. 3,704
(B) All notices required under this section shall be given 3,706
as specified in the Rules of Civil Procedure. Proof of the 3,707
giving of notice shall be filed with the court before the 3,708
petition is heard. 3,709
Sec. 3701.503. As used in sections 3701.504 to 3701.507 of 3,718
the Revised Code: 3,719
(A) "Parent" means either parent, unless the parents are 3,721
separated or divorced or their marriage has been dissolved or 3,722
87
annulled, in which case "parent" means the parent who is the 3,723
residential parent and legal custodian. 3,724
(B) "Guardian" has the same meaning as in section 2111.01 3,726
of the Revised Code. 3,727
(C) "Custodian" means, except as used in division (A) of 3,729
this section, a government agency or an individual, other than 3,730
the parent or guardian, with legal or permanent custody of a 3,731
child as defined in divisions (B)(17) and (27) of section 3,733
2151.011 of the Revised Code. 3,734
(D) "Address," in the case of an individual, means the 3,736
individual's residence and, in the case of a government agency, 3,737
means the office at which the records pertaining to a particular 3,738
child are maintained. 3,739
(E) "Risk screening" means the identification of infants 3,741
who are at risk of hearing impairment, through the use of a 3,742
high-risk questionnaire developed by the department of health 3,743
under division (A) of section 3701.504 of the Revised Code. 3,744
(F) "Hearing assessment" means the use of audiological 3,746
procedures by or under the supervision of an audiologist licensed 3,747
under section 4753.07 of the Revised Code, or by a neurologist or 3,748
otolaryngologist, to identify infants who are at risk of hearing 3,749
impairment. 3,750
Sec. 3793.051. THE DEPARTMENT OF ALCOHOL AND DRUG 3,752
ADDICTION SERVICES, IN CONJUNCTION WITH THE DEPARTMENT OF HUMAN 3,753
SERVICES, SHALL DEVELOP A JOINT STATE PLAN TO IMPROVE THE 3,755
ACCESSIBILITY AND TIMELINESS OF ALCOHOL AND DRUG ADDICTION 3,756
SERVICES FOR INDIVIDUALS IDENTIFIED BY A PUBLIC CHILDREN SERVICES 3,757
AGENCY AS IN NEED OF THOSE SERVICES. THE PLAN SHALL ADDRESS THE 3,758
FACT THAT OHIO WORKS FIRST PARTICIPANTS MAY BE AMONG THE PERSONS 3,759
RECEIVING SERVICES UNDER SECTION 340.15 OF THE REVISED CODE AND 3,760
SHALL REQUIRE THE DEPARTMENT OF HUMAN SERVICES TO SEEK FEDERAL 3,761
FUNDS AVAILABLE UNDER TITLE IV-A OF THE "SOCIAL SECURITY ACT," 49 3,763
STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED, FOR THE PROVISION 3,764
OF THE SERVICES TO OHIO WORKS FIRST PARTICIPANTS WHO ARE 3,765
88
RECEIVING SERVICES UNDER SECTION 340.15 OF THE REVISED CODE.
THE PLAN SHALL ADDRESS THE NEED AND MANNER FOR SHARING 3,768
INFORMATION AND INCLUDE A REQUEST FOR THE GENERAL ASSEMBLY TO 3,769
APPROPRIATE AN AMOUNT OF FUNDS SPECIFIED IN THE REPORT TO BE USED 3,770
BY THE DEPARTMENTS TO PAY FOR SERVICES UNDER SECTION 340.15 OF 3,771
THE REVISED CODE. THE DEPARTMENTS SHALL REVIEW AND AMEND THE 3,774
PLAN AS NECESSARY.
NOT LATER THAN THE FIRST DAY OF JULY OF EACH EVEN-NUMBERED 3,777
YEAR, THE DEPARTMENTS SHALL SUBMIT A REPORT ON THE PROGRESS MADE 3,778
UNDER THE JOINT STATE PLAN TO THE GOVERNOR, PRESIDENT OF THE 3,779
SENATE, AND SPEAKER OF THE HOUSE OF REPRESENTATIVES. THE REPORT 3,780
SHALL INCLUDE INFORMATION ON TREATMENT CAPACITY, NEEDS 3,781
ASSESSMENTS, AND NUMBER OF INDIVIDUALS WHO RECEIVED SERVICES 3,782
PURSUANT TO SECTION 340.15 OF THE REVISED CODE. 3,783
Sec. 5101.141. (A) The department of human services shall 3,797
act as the single state agency to administer federal payments for 3,798
foster care and adoption assistance made pursuant to Title IV-E 3,799
of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 3,800
(1980), as amended, and shall adopt rules to implement this
authority. Internal management rules governing financial and 3,802
administrative requirements applicable to public children 3,803
services agencies shall be adopted in accordance with section 3,804
111.15 of the Revised Code. Rules establishing eligibility, 3,807
program participation, and other requirements shall be adopted in 3,808
accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes 3,809
Title IV-E funds public agency shall administer the funds agency 3,811
in accordance with those rules. 3,812
(B)(1) The county shall, on behalf of each child eligible 3,814
for foster care maintenance payments under Title IV-E of the 3,815
"Social Security Act," SHALL make payments to cover the cost of 3,816
providing all of the following: 3,817
(a) The child's food, clothing, shelter, daily 3,819
supervision, and school supplies; 3,820
89
(b) The child's personal incidentals; 3,822
(c) Reasonable travel to the child's home for visitation. 3,824
(2) In addition to payments made under division (B)(1) of 3,826
this section, the county may, on behalf of each child eligible 3,827
for foster care maintenance payments under Title IV-E of the 3,831
"Social Security Act," make payments to cover the cost of 3,834
providing the following:
(a) Liability insurance with respect to the child; 3,837
(b) If the county is participating in the demonstration 3,840
project established under division (A) of section 5101.142 of the 3,841
Revised Code, services provided under the project. 3,842
(3) With respect to a child who is in a child-care 3,844
institution, including any type of group home designed for the 3,845
care of children or any privately operated program consisting of 3,846
two or more family foster homes operated by a common 3,847
administrative unit, the foster care maintenance payments made by 3,848
the county on behalf of the child shall include the reasonable 3,849
cost of the administration and operation of the institution, 3,850
group home, or program, as necessary to provide the items 3,851
described in division (B)(1) and (2) of this section. 3,852
(C) To the extent that either foster care maintenance 3,854
payments under division (B) of this section or Title IV-E 3,855
adoption assistance payments for maintenance costs require the 3,856
expenditure of county funds, the board of county commissioners 3,857
shall report the nature and amount of each expenditure of county 3,858
funds to the department. 3,859
(D) The department shall distribute to public children 3,862
services agencies that incur and report such expenditures federal 3,863
financial participation received for administrative and training 3,864
costs incurred in the operation of foster care maintenance and 3,865
adoption assistance programs. The department may withhold not 3,866
more than two per cent of the federal financial participation 3,867
received. The funds withheld shall be in addition to any 3,868
administration and training cost for which the department is 3,869
90
reimbursed through its own cost allocation plan. 3,870
(E) All federal funds received by a county pursuant to 3,872
this section shall be deposited into the county's children 3,873
services fund created pursuant to section 5101.144 of the Revised 3,875
Code.
(F) The department shall periodically publish and 3,878
distribute the maximum amounts that the department will reimburse 3,879
public children services agencies for making payments on behalf 3,880
of children eligible for foster care maintenance payments.
(G) THE DEPARTMENT, BY AND THROUGH ITS DIRECTOR, IS HEREBY 3,882
AUTHORIZED TO DEVELOP, PARTICIPATE IN THE DEVELOPMENT OF, 3,883
NEGOTIATE, AND ENTER INTO ONE OR MORE INTERSTATE COMPACTS ON 3,884
BEHALF OF THIS STATE WITH AGENCIES OF ANY OTHER STATES, FOR THE 3,885
PROVISION OF MEDICAL ASSISTANCE AND OTHER SOCIAL SERVICES TO 3,886
CHILDREN IN RELATION TO WHOM ALL OF THE FOLLOWING APPLY:
(1) THEY HAVE SPECIAL NEEDS. 3,888
(2) THIS STATE OR ANOTHER STATE THAT IS A PARTY TO THE 3,890
INTERSTATE COMPACT IS PROVIDING ADOPTION ASSISTANCE ON THEIR 3,891
BEHALF.
(3) THEY MOVE INTO THIS STATE FROM ANOTHER STATE OR MOVE 3,893
OUT OF THIS STATE TO ANOTHER STATE. 3,894
Sec. 5103.161. As used in this section, "permanent 3,903
custody" has the same meaning as in section 2151.011 of the 3,904
Revised Code.
If a private child placing agency or public children 3,906
services agency has placed a child in a foster home or with a 3,907
relative of the child, other than a parent of the child, the 3,908
agency shall notify the child's foster parent or relative if the 3,909
agency seeks permanent custody of the child, or, if the agency 3,910
already has permanent custody of the child, seeks to place the
child for adoption. THE NOTICE ALSO SHALL INFORM THE FOSTER 3,911
PARENT OR RELATIVE THAT THE FOSTER PARENT OR RELATIVE CAN BE 3,912
CONSIDERED FOR ADOPTION. If the foster parent or relative 3,914
informs the agency that the foster parent or relative wants to 3,915
91
adopt the child, the agency shall inform the foster parent or 3,916
relative of the process for obtaining an application to adopt the 3,917
child and that the child may be placed for adoption in another 3,918
home even if the foster parent or relative submits the 3,919
application. If the agency is given permanent custody of the
child and the foster parent or relative has informed the agency 3,920
of the foster parent's or relative's desire to adopt the child, 3,921
the agency shall give priority to the foster parent or relative 3,923
when determining where to place the child for adoption, unless 3,924
CONSIDER GIVING PREFERENCE TO AN ADULT RELATIVE OVER A
NONRELATIVE CAREGIVER WHEN DETERMINING AN ADOPTIVE PLACEMENT FOR 3,925
THE CHILD, PROVIDED THE ADULT RELATIVE SATISFIES ALL RELEVANT 3,926
CHILD PROTECTION STANDARDS AND the agency determines such THAT 3,927
THE placement is not in the child's best interest. 3,930
This section does not apply if the public children services 3,932
agency or private child placing agency selected a prospective 3,933
adoptive parent for the child prior to placing the child 3,934
temporarily with the foster parent or relative. 3,935
Sec. 5107.70. A county department of human services, at 3,944
times it determines, may conduct assessments of assistance groups 3,946
participating in Ohio works first to determine whether any 3,947
members of the group are in need of other assistance or services 3,948
provided by the county department or other private or government 3,949
entities. Assessments may include the following:
(A) Whether any member of the assistance group has a 3,952
substance abuse problem;
(B) Whether there are any other circumstances that may 3,955
limit an assistance group member's employability. 3,956
At the first assessment conducted by the county department, 3,958
it shall inquire as to whether any member of an assistance group 3,959
is the victim of domestic violence, including child abuse. The 3,960
county department shall provide this information to the state 3,961
department of human services. The state department shall 3,962
maintain the information for statistical analysis purposes. 3,963
92
The county department may refer an assistance group member 3,966
to a private or government entity that provides assistance or 3,967
services the county department determines the member needs. The 3,968
entity may be a PUBLIC CHILDREN SERVICES AGENCY, chapter of 3,969
alcoholics anonymous, narcotics anonymous, or cocaine anonymous, 3,970
or any other entity the county department considers appropriate. 3,971
Sec. 5153.16. (A) Except as provided in section 2151.422 3,980
of the Revised Code, in accordance with rules of the department 3,981
of human services, and on behalf of children in the county whom 3,982
the public children services agency considers to be in need of 3,983
public care or protective services, the public children services 3,984
agency shall do all of the following: 3,985
(1) Make an investigation concerning any child alleged to 3,987
be an abused, neglected, or dependent child; 3,988
(2) Enter into agreements with the parent, guardian, or 3,990
other person having legal custody of any child, or with the 3,991
department of human services, department of mental health, 3,992
department of mental retardation and developmental disabilities, 3,993
other department, any certified organization within or outside 3,994
the county, or any agency or institution outside the state, 3,995
having legal custody of any child, with respect to the custody, 3,996
care, or placement of any child, or with respect to any matter, 3,998
in the interests of the child, provided the permanent custody of 3,999
a child shall not be transferred by a parent to the public 4,000
children services agency without the consent of the juvenile 4,001
court;
(3) Accept custody of children committed to the public 4,003
children services agency by a court exercising juvenile 4,005
jurisdiction;
(4) Provide such care as the public children services 4,008
agency considers to be in the best interests of any child 4,009
adjudicated to be an abused, neglected, or dependent child the 4,010
agency finds to be in need of public care or service; 4,011
(5) Provide social services to any unmarried girl 4,013
93
adjudicated to be an abused, neglected, or dependent child who is 4,015
pregnant with or has been delivered of a child; 4,016
(6) Make available to the bureau for children with medical 4,018
handicaps of the department of health at its request any 4,019
information concerning a crippled child found to be in need of 4,020
treatment under sections 3701.021 to 3701.028 of the Revised Code 4,021
who is receiving services from the public children services 4,023
agency;
(7) Provide temporary emergency care for any child 4,025
considered by the public children services agency to be in need 4,027
of such care, without agreement or commitment; 4,028
(8) Find family foster homes, within or outside the 4,030
county, for the care of children, including handicapped children 4,031
from other counties attending special schools in the county; 4,032
(9) Subject to the approval of the board of county 4,034
commissioners and the state department of human services, 4,035
establish and operate a training school or enter into an 4,036
agreement with any municipal corporation or other political 4,037
subdivision of the county respecting the operation, acquisition, 4,038
or maintenance of any children's home, training school, or other 4,039
institution for the care of children maintained by such municipal 4,040
corporation or political subdivision; 4,041
(10) Acquire and operate a county children's home, 4,043
establish, maintain, and operate a receiving home for the 4,044
temporary care of children, or procure family foster homes for 4,045
this purpose; 4,046
(11) Enter into an agreement with the trustees of any 4,048
district children's home, respecting the operation of the 4,049
district children's home in cooperation with the other county 4,050
boards in the district; 4,051
(12) Cooperate with, make its services available to, and 4,053
act as the agent of persons, courts, the department of human 4,054
services, the department of health, and other organizations 4,055
within and outside the state, in matters relating to the welfare 4,056
94
of children, except that the public children services agency 4,057
shall not be required to provide supervision of or other services 4,058
related to the exercise of companionship or visitation rights 4,059
granted pursuant to section 3109.051, 3109.11, or 3109.12 of the 4,060
Revised Code unless a juvenile court, pursuant to Chapter 2151. 4,061
of the Revised Code, or a common pleas court, pursuant to 4,062
division (E)(6) of section 3113.31 of the Revised Code, requires 4,063
the provision of supervision or other services related to the 4,065
exercise of the companionship or visitation rights;
(13) Make investigations at the request of any 4,067
superintendent of schools in the county or the principal of any 4,068
school concerning the application of any child adjudicated to be 4,069
an abused, neglected, or dependent child for release from school, 4,070
where such service is not provided through a school attendance 4,071
department;
(14) Administer funds provided under Title IV-E of the 4,073
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as 4,074
amended, in accordance with rules adopted by the state department 4,075
of human services under section 5101.141 of the Revised Code; 4,076
(15) In addition to administering Title IV-E adoption 4,078
assistance funds, enter into agreements to make adoption 4,079
assistance payments under section 5153.163 of the Revised Code; 4,080
(16) Implement a system of risk assessment, in accordance 4,082
with rules adopted by the state department of human services, to 4,083
assist the public children services agency in determining the 4,084
risk of abuse or neglect to a child; 4,085
(17) Enter into a plan of cooperation with the board of 4,087
county commissioners under section 307.983 of the Revised Code 4,088
and comply with the partnership agreement the board enters into 4,089
under section 307.98 of the Revised Code and contracts the board 4,090
enters into under sections 307.981 and 307.982 of the Revised 4,091
Code that affect the public children services agency; 4,092
(18) MAKE REASONABLE EFFORTS TO PREVENT THE REMOVAL OF AN 4,094
ALLEGED OR ADJUDICATED ABUSED, NEGLECTED, OR DEPENDENT CHILD FROM 4,095
95
THE CHILD'S HOME, ELIMINATE THE CONTINUED REMOVAL OF THE CHILD 4,096
FROM THE CHILD'S HOME, OR MAKE IT POSSIBLE FOR THE CHILD TO 4,097
RETURN HOME SAFELY, EXCEPT THAT REASONABLE EFFORTS OF THAT NATURE 4,098
ARE NOT REQUIRED WHEN A COURT HAS MADE A DETERMINATION UNDER 4,099
DIVISION (A)(2) OF SECTION 2151.419 OF THE REVISED CODE; 4,100
(19) MAKE REASONABLE EFFORTS TO PLACE THE CHILD IN A 4,102
TIMELY MANNER IN ACCORDANCE WITH THE PERMANENCY PLAN APPROVED 4,103
UNDER DIVISION (E) OF SECTION 2151.417 OF THE REVISED CODE AND TO 4,105
COMPLETE WHATEVER STEPS ARE NECESSARY TO FINALIZE THE PERMANENT 4,106
PLACEMENT OF THE CHILD. 4,107
(B) The public children services agency shall use the 4,109
system implemented pursuant to division (B)(16) of this section 4,110
in connection with an investigation undertaken pursuant to 4,111
division (F)(1) of section 2151.421 of the Revised Code and may 4,113
use the system at any other time the agency is involved with any
child when the agency determines that risk assessment is 4,114
necessary.
(C) Except as provided in section 2151.422 of the Revised 4,116
Code, in accordance with rules of the department of human 4,117
services, and on behalf of children in the county whom the public 4,118
children services agency considers to be in need of public care 4,119
or protective services, the public children services agency may 4,120
do the following:
(1) Provide or find, with other child serving systems, 4,123
treatment foster care for the care of children in a treatment 4,124
foster home, as defined in section 5103.02 of the Revised Code;
(2)(a) Except as limited by divisions (C)(2)(b) and (c) of 4,127
this section, contract with the following for the purpose of
assisting the agency with its duties: 4,128
(i) County departments of human services; 4,130
(ii) Boards of alcohol, drug addiction, and mental health 4,133
services;
(iii) County boards of mental retardation and 4,135
developmental disabilities; 4,136
96
(iv) Regional councils of political subdivisions 4,138
established under Chapter 167. of the Revised Code; 4,139
(v) Private and government providers of services; 4,141
(vi) Managed care organizations and prepaid health plans. 4,143
(b) A public children services agency contract under 4,146
division (C)(2)(a) of this section regarding the agency's duties
under section 2151.421 of the Revised Code may not provide for 4,147
the entity under contract with the agency to perform any service 4,148
not authorized by the department's rules. 4,149
(c) Only a county children services board appointed under 4,152
section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this 4,153
section. If an entity specified in division (B) or (C) of 4,154
section 5153.02 of the Revised Code is the public children 4,155
services agency for a county, the board of county commissioners 4,156
may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. 4,157
Section 2. That existing sections 181.26, 340.033, 4,159
2151.011, 2151.27, 2151.28, 2151.31, 2151.314, 2151.33, 2151.353, 4,160
2151.412, 2151.413, 2151.414, 2151.415, 2151.416, 2151.417, 4,162
2151.419, 3107.07, 3107.11, 3701.503, 5101.141, 5103.161,
5107.70, and 5153.16 and section 5107.71 of the Revised Code are 4,163
hereby repealed.
Section 3. Section 2151.27 of the Revised Code is 4,166
presented in this act as a composite of the section as amended by
both Sub. H.B. 274 and Am. Sub. H.B. 445 of the 121st General 4,167
Assembly, with the new language of neither of the acts appearing 4,168
in capital letters. Section 5101.141 of the Revised Code is 4,170
presented in this act as a composite of the section as amended by
both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General 4,172
Assembly, with the new language of neither of the acts appearing 4,174
in capital letters. This is in recognition of the principle 4,176
stated in division (B) of section 1.52 of the Revised Code that 4,177
such amendments are to be harmonized where not substantively 4,178
97
irreconcilable and constitutes a legislative finding that such is 4,179
the resulting version in effect prior to the effective date of 4,180
this act.