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           

                                                          2      


                                                                 
                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           

                                                          3      


                                                                 
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          

                                                          4      


                                                                 
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          

                                                          5      


                                                                 
      (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          

                                                          6      


                                                                 
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          

                                                          7      


                                                                 
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          

                                                          10     


                                                                 
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          

                                                          11     


                                                                 
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          

                                                          12     


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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          

                                                          15     


                                                                 
      (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          

                                                          16     


                                                                 
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.