As Passed by the Senate 1
123rd General Assembly 3
Regular Session Sub. H. B. No. 176 4
1999-2000 5
REPRESENTATIVES WINKLER-BARRETT-BATEMAN-BENDER-JONES-KREBS- 7
LOGAN-D.MILLER-OPFER-SCHUCK-SCHULER-TERWILLEGER- 9
VAN VYVEN-VESPER-WILLAMOWSKI-HAINES-CLANCY-
O'BRIEN-BRITTON-CAREY-PERZ-DISTEL-WILSON-HOLLISTER- 11
SENATORS KEARNS-DRAKE-CARNES-PRENTISS-GARDNER
_________________________________________________________________ 13
A B I L L
To amend sections 2151.31, 2151.314, 2151.33, 15
2151.413, 2151.414, 2151.415, 2151.419, 2151.42, 16
3107.07, 3107.11, 3107.19, 5104.01, 5104.08,
5104.31, 5104.32, 5104.35, 5104.36, and 5104.38 18
of the Revised Code to revise the law governing
custody in child protection cases, to eliminate 19
the requirement that a copy of an adoption decree 20
be forwarded to the Department of Human Services,
and to authorize the use of child day-care 22
providers located in states bordering Ohio for
publicly funded child day-care. 23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2151.31, 2151.314, 2151.33, 27
2151.413, 2151.414, 2151.415, 2151.419, 2151.42, 3107.07, 28
3107.11, 3107.19, 5104.01, 5104.08, 5104.31, 5104.32, 5104.35, 30
5104.36, and 5104.38 of the Revised Code be amended to read as 31
follows:
Sec. 2151.31. (A) A child may be taken into custody in 40
any of the following ways: 41
(1) Pursuant to an order of the court under this chapter; 43
(2) Pursuant to the laws of arrest; 45
(3) By a law enforcement officer or duly authorized 47
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officer of the court when any of the following conditions are 48
present: 49
(a) There are reasonable grounds to believe that the child 51
is suffering from illness or injury and is not receiving proper 52
care, as described in section 2151.03 of the Revised Code, and 53
the child's removal is necessary to prevent immediate or 54
threatened physical or emotional harm; 56
(b) There are reasonable grounds to believe that the child 58
is in immediate danger from the child's surroundings and that the 60
child's removal is necessary to prevent immediate or threatened 61
physical or emotional harm; 62
(c) There are reasonable grounds to believe that a parent, 64
guardian, custodian, or other household member of the child's 65
household has abused or neglected another child in the household 66
and to believe that the child is in danger of immediate or 67
threatened physical or emotional harm from that person. 68
(4) By an enforcement official, as defined in section 70
4109.01 of the Revised Code, under the circumstances set forth in 71
section 4109.08 of the Revised Code; 72
(5) By a law enforcement officer or duly authorized 74
officer of the court when there are reasonable grounds to believe 75
that the child has run away from the child's parents, guardian, 77
or other custodian; 78
(6) By a law enforcement officer or duly authorized 80
officer of the court when any of the following apply: 81
(a) There are reasonable grounds to believe that the 83
conduct, conditions, or surroundings of the child are endangering 84
the health, welfare, or safety of the child. 85
(b) A complaint has been filed with respect to the child 87
under section 2151.27 of the Revised Code and there are 88
reasonable grounds to believe that the child may abscond or be 89
removed from the jurisdiction of the court. 90
(c) The child is required to appear in court and there are 92
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reasonable grounds to believe that the child will not be brought 93
before the court when required. 94
(B)(1) The taking of a child into custody is not and shall 96
not be deemed an arrest except for the purpose of determining its 97
validity under the constitution of this state or of the United 98
States. 99
(2) Except as provided in division (C) of section 2151.311 101
of the Revised Code, a child taken into custody shall not be held 102
in any state correctional institution, county, multicounty, or 104
municipal jail or workhouse, or any other place where any adult 105
convicted of crime, under arrest, or charged with crime is held. 106
(C) A child taken into custody shall not be confined in a 108
place of juvenile detention or placed in shelter care prior to 109
the implementation of the court's final order of disposition, 110
unless detention or shelter care is required to protect the child 112
from immediate or threatened physical or emotional harm, because 113
the child may abscond or be removed from the jurisdiction of the 114
court, because the child has no parents, guardian, or custodian 115
or other person able to provide supervision and care for the 116
child and return the child to the court when required, or because 117
an order for placement of the child in detention or shelter care 118
has been made by the court pursuant to this chapter. 119
(D) Upon receipt of notice from a person that the person 121
intends to take an alleged abused, neglected, or dependent child 122
into custody pursuant to division (A)(3) of this section, a 123
juvenile judge or a designated referee may grant by telephone an 124
ex parte emergency order authorizing the taking of the child into 125
custody if there is probable cause to believe that any of the 126
conditions set forth in divisions (A)(3)(a) to (c) of this 127
section are present. The judge or referee shall journalize any 128
ex parte emergency order issued pursuant to this division. If an 129
order is issued pursuant to this division and the child is taken 130
into custody pursuant to the order, a sworn complaint shall be 131
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filed with respect to the child before the end of the next 132
business day after the day on which the child is taken into 133
custody and a hearing shall be held pursuant to division (E) of 134
this section and the Juvenile Rules. A juvenile judge or referee 135
shall not grant an emergency order by telephone pursuant to this 136
division until after the judge or referee determines that 137
reasonable efforts have been made to notify the parents, 139
guardian, or custodian of the child that the child may be placed 140
into shelter care and of the reasons for placing the child into 141
shelter care, except that, if the requirement for notification 142
would jeopardize the physical or emotional safety of the child or 143
result in the child being removed from the court's jurisdiction, 144
the judge or referee may issue the order for taking the child 145
into custody and placing the child into shelter care prior to 146
giving notice to the parents, guardian, or custodian of the 147
child.
(E) If a judge or referee pursuant to division (D) of this 149
section issues an ex parte emergency order for taking a child 150
into custody, the court shall hold a hearing to determine whether 151
there is probable cause for the emergency order. The hearing 152
shall be held before the end of the next business day after the 153
day on which the emergency order is issued, except that it shall 154
not be held later than seventy-two hours after the emergency 155
order is issued. 156
If the court determines at the hearing that there is not 158
probable cause for the issuance of the emergency order issued 159
pursuant to division (D) of this section, it shall order the 160
child released to the custody of the child's parents, guardian, 162
or custodian. If the court determines at the hearing that there 163
is probable cause for the issuance of the emergency order issued 164
pursuant to division (D) of this section, the court shall do both 166
ALL of the following: 167
(1) Ensure that a complaint is filed or has been filed; 169
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(2) COMPLY WITH SECTION 2151.419 OF THE REVISED CODE; 171
(3) Hold a hearing pursuant to section 2151.314 of the 173
Revised Code to determine if the child should remain in shelter 174
care. 175
(F) If the court determines at the hearing held pursuant 177
to division (E) of this section that there is probable cause to 178
believe that the child is an abused child, as defined in division 179
(A) of section 2151.031 of the Revised Code, the court may do any 180
of the following: 181
(1) Upon the motion of any party, the guardian ad litem, 183
the prosecuting attorney, or an employee of the public children 184
services agency, or its own motion, issue reasonable protective 188
orders with respect to the interviewing or deposition of the 189
child;
(2) Order that the child's testimony be videotaped for 191
preservation of the testimony for possible use in any other 192
proceedings in the case; 193
(3) Set any additional conditions with respect to the 195
child or the case involving the child that are in the best 196
interest of the child. 197
(G) This section is not intended, and shall not be 199
construed, to prevent any person from taking a child into 200
custody, if taking the child into custody is necessary in an 201
emergency to prevent the physical injury, emotional harm, or 202
neglect of the child. 203
Sec. 2151.314. (A) When a child is brought before the 212
court or delivered to a place of detention or shelter care 213
designated by the court, the intake or other authorized officer 214
of the court shall immediately make an investigation and shall 215
release the child unless it appears that the child's detention or 216
shelter care is warranted or required under section 2151.31 of 217
the Revised Code. 218
If the child is not so released, a complaint under section 220
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2151.27 of the Revised Code shall be filed and an informal 221
detention or shelter care hearing held promptly, not later than 222
seventy-two hours after the child is placed in detention or 223
shelter care, to determine whether detention or shelter care is 224
required. Reasonable oral or written notice of the time, place, 225
and purpose of the detention or shelter care hearing shall be 226
given to the child and, if they can be found, to the child's 227
parents, guardian, or custodian. In cases in which the complaint 228
alleges a child to be an abused, neglected, or dependent child, 229
the notice given the parents, guardian, or custodian shall inform 230
them that a case plan may be prepared for the child, the general 231
requirements usually contained in case plans, and the possible 232
consequences of the failure to comply with a journalized case
plan. 233
Prior to the hearing, the court shall inform the parties of 236
their right to counsel and to appointed counsel or to the 237
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 238
silent with respect to any allegation of delinquency, and of the 239
name and telephone number of a court employee who can be 240
contacted during the normal business hours of the court to 241
arrange for the prompt appointment of counsel for any party who 242
is indigent. Unless it appears from the hearing that the child's 243
detention or shelter care is required under the provisions of 244
section 2151.31 of the Revised Code, the court shall order the 245
child's release as provided by section 2151.311 of the Revised 246
Code. If a parent, guardian, or custodian has not been so 247
notified and did not appear or waive appearance at the hearing, 248
upon the filing of an affidavit stating these facts, the court 249
shall rehear the matter without unnecessary delay. 250
(B) When the court conducts a hearing pursuant to division 252
(A) of this section, both ALL of the following apply: 253
(1) The court shall determine whether an alleged abused, 255
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neglected, or dependent child should remain or be placed in 256
shelter care; 257
(2) The court shall determine whether there are any 259
relatives of the child who are willing to be temporary custodians 261
of the child. If any relative is willing to be a temporary 262
custodian, the child would otherwise be placed or retained in 263
shelter care, and the appointment is appropriate, the court shall 264
appoint the relative as temporary custodian of the child, unless 265
the court appoints another relative as temporary custodian. If 266
it determines that the appointment of a relative as custodian 267
would not be appropriate, it shall issue a written opinion 268
setting forth the reasons for its determination and give a copy 269
of the opinion to all parties and to the guardian ad litem of the 270
child.
The court's consideration of a relative for appointment as 272
a temporary custodian does not make that relative a party to the 273
proceedings. 274
(3) THE COURT SHALL COMPLY WITH SECTION 2151.419 OF THE 276
REVISED CODE.
(C) If a child is in shelter care following the filing of 278
a complaint pursuant to section 2151.27 of the Revised Code or 279
following a hearing held pursuant to division (A) of this 280
section, any party, including the public children services 281
agency, and the guardian ad litem of the child may file a motion 283
with the court requesting that the child be released from shelter 284
care. The motion shall state the reasons why the child should be 285
released from shelter care and, if a hearing has been held 286
pursuant to division (A) of this section, any changes in the 287
situation of the child or the parents, guardian, or custodian of 288
the child that have occurred since that hearing and that justify 289
the release of the child from shelter care. Upon the filing of 290
the motion, the court shall hold a hearing in the same manner as 291
under division (A) of this section.
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(D) Each juvenile court shall designate one court employee 293
to assist persons who are indigent in obtaining appointed 294
counsel. The court shall include in each notice given pursuant 295
to division (A) or (C) of this section and in each summons served 296
upon a party pursuant to this chapter, the name and telephone 297
number at which the designated employee can be contacted during 298
the normal business hours of the court to arrange for prompt 299
appointment of counsel for indigent persons. 300
Sec. 2151.33. (A) Pending hearing of a complaint filed 309
under section 2151.27 of the Revised Code or a motion filed or 310
made under division (B) of this section and the service of 311
citations, the juvenile court may make any temporary disposition 312
of any child that it considers necessary to protect the best 313
interest of the child and that can be made pursuant to division 314
(B) of this section. Upon the certificate of one or more 315
reputable practicing physicians, the court may summarily provide 316
for emergency medical and surgical treatment that appears to be 317
immediately necessary to preserve the health and well-being of 318
any child concerning whom a complaint or an application for care 319
has been filed, pending the service of a citation upon the 320
child's parents, guardian, or custodian. The court may order the 321
parents, guardian, or custodian, if the court finds the parents, 322
guardian, or custodian able to do so, to reimburse the court for 323
the expense involved in providing the emergency medical or 324
surgical treatment. Any person who disobeys the order for 325
reimbursement may be adjudged in contempt of court and punished 326
accordingly. 327
If the emergency medical or surgical treatment is furnished 329
to a child who is found at the hearing to be a nonresident of the 330
county in which the court is located and if the expense of the 331
medical or surgical treatment cannot be recovered from the 332
parents, legal guardian, or custodian of the child, the board of 333
county commissioners of the county in which the child has a legal 334
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settlement shall reimburse the court for the reasonable cost of 335
the emergency medical or surgical treatment out of its general 336
fund. 337
(B)(1) After a complaint, petition, writ, or other 339
document initiating a case dealing with an alleged or adjudicated 340
abused, neglected, or dependent child is filed and upon the 341
filing or making of a motion pursuant to division (C) of this 342
section, the court, prior to the final disposition of the case, 343
may issue any of the following temporary orders to protect the 344
best interest of the child: 345
(a) An order granting temporary custody of the child to a 347
particular party; 348
(b) An order for the taking of the child into custody 350
pursuant to section 2151.31 of the Revised Code pending the 351
outcome of the adjudicatory and dispositional hearings; 352
(c) An order granting, limiting, or eliminating visitation 354
rights with respect to the child; 355
(d) An order requiring a party to vacate a residence that 357
will be lawfully occupied by the child; 358
(e) An order requiring a party to attend an appropriate 360
counseling program that is reasonably available to that party; 361
(f) Any other order that restrains or otherwise controls 363
the conduct of any party which conduct would not be in the best 364
interest of the child. 365
(2) Prior to the final disposition of a case subject to 367
division (B)(1) of this section, the court shall do both of the 368
following:
(a) Issue an order pursuant to sections 3113.21 to 370
3113.219 of the Revised Code requiring the parents, guardian, or 371
person charged with the child's support to pay support for the 373
child.
(b) Issue an order requiring the parents, guardian, or 375
person charged with the child's support to continue to maintain 376
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any health insurance coverage for the child that existed at the 377
time of the filing of the complaint, petition, writ, or other 378
document, or to obtain health insurance coverage in accordance 379
with section 3113.217 of the Revised Code. 381
(C)(1) A court may issue an order pursuant to division (B) 383
of this section upon its own motion or if a party files a written 385
motion or makes an oral motion requesting the issuance of the 386
order and stating the reasons for it. Any notice sent by the 387
court as a result of a motion pursuant to this division shall 388
contain a notice that any party to a juvenile proceeding has the 389
right to be represented by counsel and to have appointed counsel 391
if the person is indigent.
(2) If a child is taken into custody pursuant to section 393
2151.31 of the Revised Code and placed in shelter care, the 394
public children services agency or private child placing agency 395
with which the child is placed in shelter care shall file or make 396
a motion as described in division (C)(1) of this section before 397
the end of the next day immediately after the date on which the 399
child was taken into custody and, at a minimum, shall request an 400
order for temporary custody under division (B)(1)(a) of this 401
section.
(3) A COURT THAT ISSUES AN ORDER PURSUANT TO DIVISION 404
(B)(1)(b) OF THIS SECTION SHALL COMPLY WITH SECTION 2151.419 OF 405
THE REVISED CODE.
(D) The court may grant an ex parte order upon its own 408
motion or a motion filed or made pursuant to division (C) of this 409
section requesting such an order if it appears to the court that 411
the best interest and the welfare of the child require that the 412
court issue the order immediately. The court, if acting on its 413
own motion, or the person requesting the granting of an ex parte 414
order, to the extent possible, shall give notice of its intent or 415
of the request to the parents, guardian, or custodian of the 416
child who is the subject of the request. If the court issues an 417
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ex parte order, the court shall hold a hearing to review the 418
order within seventy-two hours after it is issued or before the 419
end of the next day after the day on which it is issued, 420
whichever occurs first. The court shall give written notice of 421
the hearing to all parties to the action and shall appoint a 422
guardian ad litem for the child prior to the hearing. 423
The written notice shall be given by all means that are 425
reasonably likely to result in the party receiving actual notice 426
and shall include all of the following: 427
(1) The date, time, and location of the hearing; 429
(2) The issues to be addressed at the hearing; 431
(3) A statement that every party to the hearing has a 433
right to counsel and to court-appointed counsel, if the party is 434
indigent; 435
(4) The name, telephone number, and address of the person 437
requesting the order; 438
(5) A copy of the order, except when it is not possible to 440
obtain it because of the exigent circumstances in the case. 441
If the court does not grant an ex parte order pursuant to a 443
motion filed or made pursuant to division (C) of this section or 445
its own motion, the court shall hold a shelter care hearing on 446
the motion within ten days after the motion is filed. The court 447
shall give notice of the hearing to all affected parties in the 448
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 450
dispositional hearings, shall not issue an order granting 451
temporary custody of a child to a public children services agency 452
or private child placing agency pursuant to this section, unless 453
the court determines and specifically states in the order that 454
the continued residence of the child in the child's current home 455
will be contrary to the child's best interest and welfare AND THE 456
COURT COMPLIES WITH SECTION 2151.419 OF THE REVISED CODE. 457
(F) Each public children services agency and private child 459
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placing agency that receives temporary custody of a child 460
pursuant to this section shall maintain in the child's case 461
record written documentation that it has placed the child, to the 462
extent that it is consistent with the best interest, welfare, and 463
special needs of the child, in the most family-like setting 464
available and in close proximity to the home of the parents, 465
custodian, or guardian of the child. 466
(G) For good cause shown, any court order that is issued 468
pursuant to this section may be reviewed by the court at any time 469
upon motion of any party to the action or upon the motion of the 470
court. 471
Sec. 2151.413. (A) A public children services agency or 480
private child placing agency that, pursuant to an order of 481
disposition under division (A)(2) of section 2151.353 of the 482
Revised Code or under any version of section 2151.353 of the 483
Revised Code that existed prior to January 1, 1989, is granted 484
temporary custody of a child who is not abandoned or orphaned may 485
file a motion in the court that made the disposition of the child 487
requesting permanent custody of the child. 488
(B) A public children services agency or private child 490
placing agency that, pursuant to an order of disposition under 491
division (A)(2) of section 2151.353 of the Revised Code or under 492
any version of section 2151.353 of the Revised Code that existed 493
prior to January 1, 1989, is granted temporary custody of a child 495
who is orphaned may file a motion in the court that made the 496
disposition of the child requesting permanent custody of the 497
child whenever it can show that no relative of the child is able 498
to take legal custody of the child. 499
(C) A public children services agency or private child 501
placing agency that, pursuant to an order of disposition under 502
division (A)(5) of section 2151.353 of the Revised Code, places a 503
child in a planned permanent living arrangement may file a motion 505
in the court that made the disposition of the child requesting 506
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permanent custody of the child.
(D)(1) Except as provided in division (D)(3) of this 508
section, if a child has been in THE temporary custody OF ONE OR 510
MORE PUBLIC CHILDREN SERVICES AGENCIES OR PRIVATE CHILD PLACING 512
AGENCIES for twelve or more months of a consecutive twenty-two 514
month period ending on or after the effective date of this 515
amendment pursuant to an order of disposition that was issued 516
under division (A)(2) of section 2151.353 of the Revised Code or 518
pursuant to an order that extends temporary custody and was 519
issued prior to the effective date of this amendment under 521
division (D) of section 2151.415 of the Revised Code MARCH 18, 523
1999, the public children services agency or private child 524
placing agency with custody shall file a motion requesting 526
permanent custody of the child. The motion shall be filed in the 528
court that issued the CURRENT order of disposition TEMPORARY 529
CUSTODY. FOR THE PURPOSES OF THIS DIVISION, A CHILD SHALL BE 530
CONSIDERED TO HAVE ENTERED THE TEMPORARY CUSTODY OF AN AGENCY ON
THE EARLIER OF THE DATE THE CHILD IS ADJUDICATED PURSUANT TO 531
SECTION 2151.28 OF THE REVISED CODE OR THE DATE THAT IS SIXTY 532
DAYS AFTER THE REMOVAL OF THE CHILD FROM HOME. 533
(2) Except as provided in division (D)(3) of this section, 536
if a court makes a determination pursuant to division (A)(2) of 538
section 2151.419 of the Revised Code, the public children 540
services agency or private child placing agency required to 541
develop the permanency plan for the child under division (K) of 543
section 2151.417 of the Revised Code shall file a motion in the 545
court that made the determination requesting permanent custody of 547
the child.
(3) An agency shall not file a motion for permanent 549
custody under division (D)(1) or (2) of this section if any of 550
the following apply:
(a) The agency documents in the case plan or permanency 553
plan a compelling reason that permanent custody is not in the
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best interest of the child. 554
(b) If reasonable efforts to return the child to the 556
child's home are required under section 2151.419 of the Revised 557
Code. The, THE agency has not provided the services required by 560
the case plan to the parents of the child or the child to ensure 561
the safe return of the child to the child's home.
(c) The agency has been granted permanent custody of the 563
child.
(d) The child has been returned home pursuant to court 565
order in accordance with division (A)(3) of section 2151.419 of 566
the Revised Code.
(E) Any agency that files a motion for permanent custody 569
under this section shall include in the case plan of the child 570
who is the subject of the motion, a specific plan of the agency's 571
actions to seek an adoptive family for the child and to prepare 572
the child for adoption. 573
(F) The department of human services may adopt rules 576
pursuant to Chapter 119. of the Revised Code that set forth the 578
time frames for case reviews and for filing a motion requesting 579
permanent custody under division (D)(1) of this section. 581
Sec. 2151.414. (A)(1) Upon the filing of a motion 590
pursuant to section 2151.413 of the Revised Code for permanent 591
custody of a child, the court shall schedule a hearing and give 593
notice of the filing of the motion and of the hearing, in 594
accordance with section 2151.29 of the Revised Code, to all 595
parties to the action and to the child's guardian ad litem. The 596
notice also shall contain a full explanation that the granting of 597
permanent custody permanently divests the parents of their 598
parental rights, a full explanation of their right to be 599
represented by counsel and to have counsel appointed pursuant to 600
Chapter 120. of the Revised Code if they are indigent, and the 601
name and telephone number of the court employee designated by the 602
court pursuant to section 2151.314 of the Revised Code to arrange 603
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for the prompt appointment of counsel for indigent persons. 604
The court shall conduct a hearing in accordance with 607
section 2151.35 of the Revised Code to determine if it is in the 608
best interest of the child to permanently terminate parental 609
rights and grant permanent custody to the agency that filed the 610
motion. The adjudication that the child is an abused, neglected, 611
or dependent child and any dispositional order that has been 612
issued in the case under section 2151.353 of the Revised Code 613
pursuant to the adjudication shall not be readjudicated at the 615
hearing and shall not be affected by a denial of the motion for 617
permanent custody.
(2) The court shall hold the hearing scheduled pursuant to 620
division (A)(1) of this section not later than one hundred twenty 621
days after the agency files the motion for permanent custody, 622
except that, for good cause shown, the court may continue the 623
hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an order 625
that grants, denies, or otherwise disposes of the motion for 626
permanent custody, and journalize the order, not later than two
hundred days after the agency files the motion. 627
If a motion is made under division (D)(2) of section 630
2151.413 of the Revised Code and no dispositional hearing has 633
been held in the case, the court may hear the motion in the 634
dispositional hearing required by division (B) of section 2151.35 636
of the Revised Code. If the court issues an order pursuant to 638
section 2151.353 of the Revised Code granting permanent custody 640
of the child to the agency, the court shall immediately dismiss 641
the motion made under division (D)(2) of section 2151.413 of the 644
Revised Code. 645
The failure of the court to comply with the time periods 647
set forth in division (A)(2) of this section does not affect the 649
authority of the court to issue any order under this chapter and 650
does not provide any basis for attacking the jurisdiction of the 651
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court or the validity of any order of the court.
(B)(1) Except as provided in division (B)(2) of this 654
section, the court may grant permanent custody of a child to a 655
movant if the court determines at the hearing held pursuant to 656
division (A) of this section, by clear and convincing evidence, 657
that it is in the best interest of the child to grant permanent 658
custody of the child to the agency that filed the motion for 659
permanent custody and that any of the following apply: 660
(a) The child is not abandoned or orphaned or has not been 663
in the temporary custody of a ONE OR MORE public children 664
services agency AGENCIES or private child placing agency under 666
one or more separate orders of disposition issued under section 668
2151.353 or 2151.415 of the Revised Code AGENCIES for twelve or 669
more months of a consecutive twenty-two month period ending on or 673
after the effective date of this amendment MARCH 18, 1999, and 674
the child cannot be placed with either of the child's parents 676
within a reasonable time or should not be placed with the child's 677
parents. 678
(b) The child is abandoned. 680
(c) The child is orphaned, and there are no relatives of 683
the child who are able to take permanent custody. 684
(d) The child has been in the temporary custody of a ONE 686
OR MORE public children services agency AGENCIES or private child 688
placing agency under one or more separate orders of disposition 690
issued under section 2151.353 of the Revised Code AGENCIES for 691
twelve or more months of a consecutive twenty-two month period 693
ending on or after the effective date of this amendment MARCH 18, 694
1999.
FOR THE PURPOSES OF DIVISION (B)(1) OF THIS SECTION, A 696
CHILD SHALL BE CONSIDERED TO HAVE ENTERED THE TEMPORARY CUSTODY 697
OF AN AGENCY ON THE EARLIER OF THE DATE THE CHILD IS ADJUDICATED 698
PURSUANT TO SECTION 2151.28 OF THE REVISED CODE OR THE DATE THAT 699
IS SIXTY DAYS AFTER THE REMOVAL OF THE CHILD FROM HOME. 700
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(2) With respect to a motion made pursuant to division 702
(D)(2) of section 2151.413 of the Revised Code, the court shall 705
grant permanent custody of the child to the movant if the court 706
determines in accordance with division (E) of this section that 708
the child cannot be placed with one of the child's parents within 709
a reasonable time or should not be placed with either parent and 710
determines in accordance with division (D) of this section that 712
permanent custody is in the child's best interest. 713
(C) In making the determinations required by this section 715
or division (A)(4) of section 2151.353 of the Revised Code, a 716
court shall not consider the effect the granting of permanent 717
custody to the agency would have upon any parent of the child. A 718
written report of the guardian ad litem of the child shall be 719
submitted to the court prior to or at the time of the hearing 720
held pursuant to division (A) of this section or section 2151.35 721
of the Revised Code but shall not be submitted under oath. 722
If the court grants permanent custody of a child to a 724
movant under this division, the court, upon the request of any 725
party, shall file a written opinion setting forth its findings of 726
fact and conclusions of law in relation to the proceeding. The 727
court shall not deny an agency's motion for permanent custody 728
solely because the agency failed to implement any particular 729
aspect of the child's case plan. 730
(D) In determining the best interest of a child at a 732
hearing held pursuant to division (A) of this section or for the 733
purposes of division (A)(4) or (5) of section 2151.353 or 734
division (C) of section 2151.415 of the Revised Code, the court 737
shall consider all relevant factors, including, but not limited 738
to, the following:
(1) The interaction and interrelationship of the child 740
with the child's parents, siblings, relatives, foster parents and 741
out-of-home providers, and any other person who may significantly 742
affect the child; 743
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(2) The wishes of the child, as expressed directly by the 745
child or through the child's guardian ad litem, with due regard 747
for the maturity of the child;
(3) The custodial history of the child, including whether 749
the child has been in the temporary custody of a ONE OR MORE 750
public children services agency AGENCIES or private child placing 752
agency under one or more separate orders of disposition issued 754
under section 2151.353 or 2151.415 of the Revised Code AGENCIES 755
for twelve or more months of a consecutive twenty-two month 759
period ending on or after the effective date of this amendment 760
MARCH 18, 1999;
(4) The child's need for a legally secure permanent 762
placement and whether that type of placement can be achieved 763
without a grant of permanent custody to the agency; 764
(5) Whether any of the factors in divisions (E)(7) to 767
(12)(11) of this section apply in relation to the parents and 769
child.
FOR THE PURPOSES OF THIS DIVISION, A CHILD SHALL BE 771
CONSIDERED TO HAVE ENTERED THE TEMPORARY CUSTODY OF AN AGENCY ON 772
THE EARLIER OF THE DATE THE CHILD IS ADJUDICATED PURSUANT TO 773
SECTION 2151.28 OF THE REVISED CODE OR THE DATE THAT IS SIXTY 775
DAYS AFTER THE REMOVAL OF THE CHILD FROM HOME. 776
(E) In determining at a hearing held pursuant to division 778
(A) of this section or for the purposes of division (A)(4) of 779
section 2151.353 of the Revised Code whether a child cannot be 780
placed with either parent within a reasonable period of time or 782
should not be placed with the parents, the court shall consider 783
all relevant evidence. If the court determines, by clear and 785
convincing evidence, at a hearing held pursuant to division (A) 786
of this section or for the purposes of division (A)(4) of section 787
2151.353 of the Revised Code that one or more of the following 788
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 789
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a reasonable time or should not be placed with either parent: 791
(1) Following the placement of the child outside the 793
child's home and notwithstanding reasonable case planning and 794
diligent efforts by the agency to assist the parents to remedy 795
the problems that initially caused the child to be placed outside 796
the home, the parent has failed continuously and repeatedly to 797
substantially remedy the conditions causing the child to be 798
placed outside the child's home. In determining whether the 799
parents have substantially remedied those conditions, the court 800
shall consider parental utilization of medical, psychiatric, 801
psychological, and other social and rehabilitative services and 802
material resources that were made available to the parents for 803
the purpose of changing parental conduct to allow them to resume 804
and maintain parental duties. 805
(2) Chronic mental illness, chronic emotional illness, 807
mental retardation, physical disability, or chemical dependency 808
of the parent that is so severe that it makes the parent unable 809
to provide an adequate permanent home for the child at the 810
present time and, as anticipated, within one year after the court 811
holds the hearing pursuant to division (A) of this section or for 812
the purposes of division (A)(4) of section 2151.353 of the 813
Revised Code;
(3) The parent committed any abuse as described in section 815
2151.031 of the Revised Code against the child, caused the child 816
to suffer any neglect as described in section 2151.03 of the 817
Revised Code, or allowed the child to suffer any neglect as 818
described in section 2151.03 of the Revised Code between the date 819
that the original complaint alleging abuse or neglect was filed 820
and the date of the filing of the motion for permanent custody; 821
(4) The parent has demonstrated a lack of commitment 823
toward the child by failing to regularly support, visit, or 824
communicate with the child when able to do so, or by other 825
actions showing an unwillingness to provide an adequate permanent 826
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home for the child; 827
(5) The parent is incarcerated for an offense committed 829
against the child or a sibling of the child; 830
(6) The parent has been convicted of or pleaded guilty to 832
an offense under division (A) or (C) of section 2919.22 or under 834
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 835
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 837
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 838
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 839
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the 840
Revised Code and the child or a sibling of the child was a victim 842
of the offense or the parent has been convicted of or pleaded 843
guilty to an offense under section 2903.04 of the Revised Code, a 844
sibling of the child was the victim of the offense, and the 845
parent who committed the offense poses an ongoing danger to the 847
child or a sibling of the child. 848
(7) The parent has been convicted of or pleaded guilty to 851
one of the following: 852
(a) An offense under section 2903.01, 2903.02, or 2903.03 855
of the Revised Code or under an existing or former law of this 857
state, any other state, or the United States that is 859
substantially equivalent to an offense described in those 860
sections and the victim of the offense was a sibling of the child 861
or the victim was another child who lived in the parent's 862
household at the time of the offense;
(b) An offense under section 2903.11, 2903.12, or 2903.13 865
of the Revised Code or under an existing or former law of this 867
state, any other state, or the United States that is 868
substantially equivalent to an offense described in those 869
sections and the victim of the offense is the child, a sibling of 870
the child, or another child who lived in the parent's household 871
at the time of the offense; 872
(c) An offense under division (B)(2) of section 2919.22 of 875
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21
the Revised Code or under an existing or former law of this 877
state, any other state, or the United States that is 878
substantially equivalent to the offense described in that section 879
and the child, a sibling of the child, or another child who lived 880
in the parent's household at the time of the offense is the 882
victim of the offense;
(d) An offense under section 2907.02, 2907.03, 2907.04, 885
2907.05, or 2907.06 of the Revised Code or under an existing or 886
former law of this state, any other state, or the United States 888
that is substantially equivalent to an offense described in those 889
sections and the victim of the offense is the child, a sibling of 890
the child, or another child who lived in the parent's household 891
at the time of the offense; 892
(e) A conspiracy or attempt to commit, or complicity in 895
committing, an offense described in division (E)(7)(a) or (d) of 897
this section. 898
(8) The parent has repeatedly withheld medical treatment 901
or food from the child when the parent has the means to provide 902
the treatment or food, and, in the case of withheld medical 903
treatment, the parent withheld it for a purpose other than to 905
treat the physical or mental illness or defect of the child by 906
spiritual means through prayer alone in accordance with the 907
tenets of a recognized religious body. 908
(9) The parent has placed the child at substantial risk of 911
harm two or more times due to alcohol or drug abuse and has 912
rejected treatment two or more times or refused to participate in 913
further treatment two or more times after a case plan issued 914
pursuant to section 2151.412 of the Revised Code requiring
treatment of the parent was journalized as part of a 915
dispositional order issued with respect to the child or an order 916
was issued by any other court requiring treatment of the parent. 917
(10) The parent has abandoned the child. 920
(11) The parent has had parental rights INVOLUNTARILY 923
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terminated pursuant to section 2151.353, 2151.414, or 2151.415 of 924
the Revised Code with respect to a sibling of the child. 925
(12) The parent is incarcerated at the time of the filing 927
of the motion for permanent custody or the dispositional hearing 928
of the child and will not be available to care for the child for 929
at least eighteen months after the filing of the motion for 930
permanent custody or the dispositional hearing. 931
(13) The parent is repeatedly incarcerated, and the 934
repeated incarceration prevents the parent from providing care 936
for the child. 937
(14) The parent for any reason is unwilling to provide 939
food, clothing, shelter, and other basic necessities for the 940
child or to prevent the child from suffering physical, emotional, 941
or sexual abuse or physical, emotional, or mental neglect. 942
(15) The parent has committed abuse as described in 944
section 2151.031 of the Revised Code against the child or caused 946
or allowed the child to suffer neglect as described in section
2151.03 of the Revised Code, and the court determines that the 947
seriousness, nature, or likelihood of recurrence of the abuse or 948
neglect makes the child's placement with the child's parent a 949
threat to the child's safety. 950
(16) Any other factor the court considers relevant. 952
(F) The parents of a child for whom the court has issued 954
an order granting permanent custody pursuant to this section, 955
upon the issuance of the order, cease to be parties to the 956
action. This division is not intended to eliminate or restrict 957
any right of the parents to appeal the granting of permanent 958
custody of their child to a movant pursuant to this section. 959
Sec. 2151.415. (A) Except for cases in which a motion for 969
permanent custody described in division (D)(1) of section 970
2151.413 of the Revised Code is required to be made, a public 972
children services agency or private child placing agency that has 973
been given temporary custody of a child pursuant to section 974
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2151.353 of the Revised Code, not later than thirty days prior to 975
the earlier of the date for the termination of the custody order 976
pursuant to division (F) of section 2151.353 of the Revised Code 977
or the date set at the dispositional hearing for the hearing to 978
be held pursuant to this section, shall file a motion with the 979
court that issued the order of disposition requesting that any of 980
the following orders of disposition of the child be issued by the 981
court:
(1) An order that the child be returned home and the 984
custody of the child's parents, guardian, or custodian without 985
any restrictions; 986
(2) An order for protective supervision; 988
(3) An order that the child be placed in the legal custody 990
of a relative or other interested individual; 991
(4) An order permanently terminating the parental rights 993
of the child's parents; 994
(5) An order that the child be placed in a planned 996
permanent living arrangement; 997
(6) In accordance with division (D) of this section, an 999
order for the extension of temporary custody. 1,000
(B) Upon the filing of a motion pursuant to division (A) 1,002
of this section, the court shall hold a dispositional hearing on 1,003
the date set at the dispositional hearing held pursuant to 1,004
section 2151.35 of the Revised Code, with notice to all parties 1,005
to the action in accordance with the Juvenile Rules. After the 1,006
dispositional hearing or at a date after the dispositional 1,007
hearing that is not later than one year after the earlier of the 1,008
date on which the complaint in the case was filed or the child 1,009
was first placed into shelter care, the court, in accordance with 1,010
the best interest of the child as supported by the evidence 1,011
presented at the dispositional hearing, shall issue an order of 1,012
disposition as set forth in division (A) of this section, except 1,013
that all orders for permanent custody shall be made in accordance 1,014
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with sections 2151.413 and 2151.414 of the Revised Code. In 1,015
issuing an order of disposition under this section, the court 1,016
shall comply with section 2151.42 of the Revised Code. 1,017
(C)(1) If an agency pursuant to division (A) of this 1,019
section requests the court to place a child into a planned 1,020
permanent living arrangement, the agency shall present evidence 1,022
to indicate why a planned permanent living arrangement is 1,023
appropriate for the child, including, but not limited to, 1,025
evidence that the agency has tried or considered all other 1,026
possible dispositions for the child. A court shall not place a 1,027
child in a planned permanent living arrangement, unless it finds, 1,028
by clear and convincing evidence, that a planned permanent living 1,030
arrangement is in the best interest of the child and that one of 1,031
the following exists:
(a) The child, because of physical, mental, or 1,033
psychological problems or needs, is unable to function in a 1,034
family-like setting and must remain in residential or 1,035
institutional care. 1,036
(b) The parents of the child have significant physical, 1,038
mental, or psychological problems and are unable to care for the 1,039
child because of those problems, adoption is not in the best 1,040
interest of the child, as determined in accordance with division 1,041
(D) of section 2151.414 of the Revised Code, and the child 1,042
retains a significant and positive relationship with a parent or 1,043
relative; 1,044
(c) The child is sixteen years of age or older, has been 1,046
counseled on the permanent placement options available, is 1,047
unwilling to accept or unable to adapt to a permanent placement, 1,048
and is in an agency program preparing for independent living. 1,049
(2) If the court issues an order placing a child in 1,051
long-term foster care A PLANNED PERMANENT LIVING ARRANGEMENT, 1,052
both of the following apply: 1,053
(a) The court shall issue a finding of fact setting forth 1,055
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the reasons for its finding; 1,056
(b) The agency may make any appropriate placement for the 1,058
child and shall develop a case plan for the child that is 1,059
designed to assist the child in finding a permanent home outside 1,060
of the home of the parents. 1,061
(D)(1) If an agency pursuant to division (A) of this 1,063
section requests the court to grant an extension of temporary 1,064
custody for a period of up to six months, the agency shall 1,065
include in the motion an explanation of the progress on the case 1,066
plan of the child and of its expectations of reunifying the child 1,067
with the child's family, or placing the child in a permanent 1,068
placement, within the extension period. The court shall schedule 1,070
a hearing on the motion, give notice of its date, time, and 1,071
location to all parties and the guardian ad litem of the child, 1,072
and at the hearing consider the evidence presented by the parties 1,073
and the guardian ad litem. The court may extend the temporary 1,074
custody order of the child for a period of up to six months, if 1,075
it determines at the hearing, by clear and convincing evidence, 1,076
that the extension is in the best interest of the child, there 1,077
has been significant progress on the case plan of the child, and 1,078
there is reasonable cause to believe that the child will be 1,079
reunified with one of the parents or otherwise permanently placed 1,081
within the period of extension. In determining whether to extend 1,082
the temporary custody of the child pursuant to this division, the 1,083
court shall comply with section 2151.42 of the Revised Code. If 1,084
the court extends the temporary custody of the child pursuant to 1,085
this division, upon request it shall issue findings of fact. 1,086
(2) Prior to the end of the extension granted pursuant to 1,088
division (D)(1) of this section, the agency that received the 1,089
extension shall file a motion with the court requesting the 1,090
issuance of one of the orders of disposition set forth in 1,091
divisions (A)(1) to (5) of this section or requesting the court 1,092
to extend the temporary custody order of the child for an 1,093
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additional period of up to six months. If the agency requests 1,094
the issuance of an order of disposition under divisions (A)(1) to 1,095
(5) of this section or does not file any motion prior to the 1,096
expiration of the extension period, the court shall conduct a 1,097
hearing in accordance with division (B) of this section and issue 1,098
an appropriate order of disposition. In issuing an order of 1,099
disposition, the court shall comply with section 2151.42 of the 1,100
Revised Code.
If the agency requests an additional extension of up to six 1,102
months of the temporary custody order of the child, the court 1,103
shall schedule and conduct a hearing in the manner set forth in 1,104
division (D)(1) of this section. The court may extend the 1,105
temporary custody order of the child for an additional period of 1,106
up to six months if it determines at the hearing, by clear and 1,107
convincing evidence, that the additional extension is in the best 1,108
interest of the child, there has been substantial additional 1,109
progress since the original extension of temporary custody in the 1,110
case plan of the child, there has been substantial additional 1,111
progress since the original extension of temporary custody toward 1,112
reunifying the child with one of the parents or otherwise 1,113
permanently placing the child, and there is reasonable cause to 1,114
believe that the child will be reunified with one of the parents 1,116
or otherwise placed in a permanent setting before the expiration 1,117
of the additional extension period. In determining whether to 1,118
grant an additional extension, the court shall comply with 1,119
section 2151.42 of the Revised Code. If the court extends the 1,120
temporary custody of the child for an additional period pursuant 1,121
to this division, upon request it shall issue findings of fact. 1,122
(3) Prior to the end of the extension of a temporary 1,124
custody order granted pursuant to division (D)(2) of this 1,125
section, the agency that received the extension shall file a 1,126
motion with the court requesting the issuance of one of the 1,127
orders of disposition set forth in divisions (A)(1) to (5) of 1,128
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this section. Upon the filing of the motion by the agency or, if 1,129
the agency does not file the motion prior to the expiration of 1,130
the extension period, upon its own motion, the court, prior to 1,131
the expiration of the extension period, shall conduct a hearing 1,132
in accordance with division (B) of this section and issue an 1,133
appropriate order of disposition. In issuing an order of 1,134
disposition, the court shall comply with section 2151.42 of the 1,135
Revised Code.
(4) No court shall grant an agency more than two 1,137
extensions of temporary custody pursuant to division (D) of this 1,138
section. 1,139
(E) After the issuance of an order pursuant to division 1,141
(B) of this section, the court shall retain jurisdiction over the 1,142
child until the child attains the age of eighteen if the child is 1,143
not mentally retarded, developmentally disabled, or physically 1,145
impaired, the child attains the age of twenty-one if the child is 1,147
mentally retarded, developmentally disabled, or physically 1,148
impaired, or the child is adopted and a final decree of adoption 1,149
is issued, unless the court's jurisdiction over the child is 1,150
extended pursuant to division (E) of section 2151.353 of the 1,151
Revised Code.
(F) The court, on its own motion or the motion of the 1,153
agency or person with legal custody of the child, the child's 1,154
guardian ad litem, or any other party to the action, may conduct 1,155
a hearing with notice to all parties to determine whether any 1,156
order issued pursuant to this section should be modified or 1,157
terminated or whether any other dispositional order set forth in 1,158
divisions (A)(1) to (5) of this section should be issued. After 1,159
the hearing and consideration of all the evidence presented, the 1,160
court, in accordance with the best interest of the child, may 1,161
modify or terminate any order issued pursuant to this section or 1,162
issue any dispositional order set forth in divisions (A)(1) to 1,163
(5) of this section. In rendering a decision under this 1,164
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division, the court shall comply with section 2151.42 of the 1,165
Revised Code.
(G) If the court places a child in a planned permanent 1,168
living arrangement with a public children services agency or a 1,169
private child placing agency pursuant to this section, the agency 1,170
with which the child is placed in a planned permanent living 1,171
arrangement shall not remove the child from the residential 1,173
placement in which the child is originally placed pursuant to the 1,174
case plan for the child or in which the child is placed with 1,175
court approval pursuant to this division, unless the court and 1,176
the guardian ad litem are given notice of the intended removal 1,177
and the court issues an order approving the removal or unless the 1,178
removal is necessary to protect the child from physical or 1,179
emotional harm and the agency gives the court notice of the 1,180
removal and of the reasons why the removal is necessary to 1,181
protect the child from physical or emotional harm immediately 1,182
after the removal of the child from the prior setting. 1,183
(H) If the hearing held under this section takes the place 1,185
of an administrative review that otherwise would have been held 1,186
under section 2151.416 of the Revised Code, the court at the 1,187
hearing held under this section shall do all of the following in 1,188
addition to any other requirements of this section: 1,189
(1) Determine the continued necessity for and the 1,191
appropriateness of the child's placement; 1,192
(2) Determine the extent of compliance with the child's 1,194
case plan; 1,195
(3) Determine the extent of progress that has been made 1,197
toward alleviating or mitigating the causes necessitating the 1,198
child's placement in foster care; 1,199
(4) Project a likely date by which the child may be 1,201
returned to the child's home or placed for adoption or legal 1,202
guardianship; 1,203
(5) Approve the permanency plan for the child consistent 1,206
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with section 2151.417 of the Revised Code.
Sec. 2151.419. (A)(1) Except as provided in division 1,216
(A)(2) of this section, at any hearing held pursuant to section 1,218
2151.28, DIVISION (E) OF SECTION 2151.31, OR SECTION 2151.314, 1,219
2151.33, or 2151.353 of the Revised Code at which the court 1,221
removes a child from the child's home or continues the removal of 1,222
a child from the child's home, the court shall determine whether 1,224
the public children services agency or private child placing 1,225
agency that filed the complaint in the case, REMOVED THE CHILD 1,226
FROM HOME, has custody of the child, or will be given custody of 1,227
the child has made reasonable efforts to prevent the removal of 1,228
the child from the child's home, to eliminate the continued 1,229
removal of the child from the child's home, or to make it 1,231
possible for the child to return safely home. The agency shall 1,233
have the burden of proving that it has made those reasonable 1,234
efforts. IF THE AGENCY REMOVED THE CHILD FROM HOME DURING AN 1,235
EMERGENCY IN WHICH THE CHILD COULD NOT SAFELY REMAIN AT HOME AND
THE AGENCY DID NOT HAVE PRIOR CONTACT WITH THE CHILD, THE COURT 1,236
IS NOT PROHIBITED, SOLELY BECAUSE THE AGENCY DID NOT MAKE 1,237
REASONABLE EFFORTS DURING THE EMERGENCY TO PREVENT THE REMOVAL OF 1,238
THE CHILD, FROM DETERMINING THAT THE AGENCY MADE THOSE REASONABLE 1,239
EFFORTS. In determining whether reasonable efforts were made, 1,240
the child's health and safety shall be paramount.
(2) If any of the following apply, the court shall make a 1,243
determination that the agency is not required to make reasonable 1,244
efforts to prevent the removal of the child from the child's 1,245
home, eliminate the continued removal of the child from the 1,246
child's home, and return the child to the child's home: 1,247
(a) The parent from whom the child was removed has been 1,250
convicted of or pleaded guilty to one of the following: 1,251
(i) An offense under section 2903.01, 2903.02, or 2903.03 1,254
of the Revised Code or under an existing or former law of this 1,256
state, any other state, or the United States that is 1,258
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substantially equivalent to an offense described in those 1,259
sections and the victim of the offense was a sibling of the child 1,260
or the victim was another child who lived in the parent's 1,261
household at the time of the offense;
(ii) An offense under section 2903.11, 2903.12, or 2903.13 1,264
of the Revised Code or under an existing or former law of this 1,266
state, any other state, or the United States that is 1,267
substantially equivalent to an offense described in those 1,268
sections and the victim of the offense is the child, a sibling of 1,269
the child, or another child who lived in the parent's household 1,270
at the time of the offense; 1,271
(iii) An offense under division (B)(2) of section 2919.22 1,274
of the Revised Code or under an existing or former law of this 1,276
state, any other state, or the United States that is 1,277
substantially equivalent to the offense described in that section 1,278
and the child, a sibling of the child, or another child who lived 1,279
in the parent's household at the time of the offense is the 1,281
victim of the offense;
(iv) An offense under section 2907.02, 2907.03, 2907.04, 1,284
2907.05, or 2907.06 of the Revised Code or under an existing or 1,285
former law of this state, any other state, or the United States 1,287
that is substantially equivalent to an offense described in those 1,288
sections and the victim of the offense is the child, a sibling of 1,289
the child, or another child who lived in the parent's household 1,290
at the time of the offense; 1,291
(v) A conspiracy or attempt to commit, or complicity in 1,294
committing, an offense described in division (A)(2)(a)(i) or (iv) 1,295
of this section. 1,297
(b) The parent from whom the child was removed has 1,299
repeatedly withheld medical treatment or food from the child when 1,301
the parent has the means to provide the treatment or food. If 1,302
the parent has withheld medical treatment in order to treat the 1,303
physical or mental illness or defect of the child by spiritual 1,304
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means through prayer alone, in accordance with the tenets of a 1,305
recognized religious body, the court or agency shall comply with 1,306
the requirements of division (A)(1) of this section. 1,307
(c) The parent from whom the child was removed has placed 1,310
the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more 1,311
times or refused to participate in further treatment two or more 1,312
times after a case plan issued pursuant to section 2151.412 of 1,313
the Revised Code requiring treatment of the parent was 1,314
journalized as part of a dispositional order issued with respect 1,315
to the child or an order was issued by any other court requiring
such treatment of the parent. 1,316
(d) The parent from whom the child was removed has 1,318
abandoned the child. 1,319
(e) The parent from whom the child was removed has had 1,321
parental rights INVOLUNTARILY terminated pursuant to section 1,322
2151.353, 2151.414, or 2151.415 of the Revised Code with respect 1,324
to a sibling of the child.
(3) At any hearing in which the court determines whether 1,326
to return a child to the child's home, the court may issue an 1,327
order that returns the child in situations in which the 1,328
conditions described in divisions (A)(2)(a) to (e) of this 1,330
section are present. 1,331
(B)(1) A court that is required to make a determination as 1,334
described in division (A)(1) or (2) of this section shall issue 1,335
written findings of fact setting forth the reasons supporting its 1,336
determination. If the court makes a written determination under 1,337
division (A)(1) of this section, it shall briefly describe in the 1,339
findings of fact the relevant services provided by the agency to 1,340
the family of the child and why those services did not prevent 1,341
the removal of the child from the child's home or enable the 1,342
child to return safely home. 1,343
(2) If a court issues an order that returns the child to 1,345
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32
the child's home in situations in which division (A)(2)(a), (b), 1,347
(c), (d), or (e) of this section applies, the court shall issue 1,348
written findings of fact setting forth the reasons supporting its 1,350
determination. 1,351
(C) If the court makes a determination pursuant to 1,353
division (A)(2) of this section, the court shall conduct a review 1,354
hearing pursuant to section 2151.417 of the Revised Code to 1,355
approve a permanency plan with respect to the child, unless the 1,357
court issues an order returning the child home pursuant to 1,358
division (A)(3) of this section. The hearing to approve the 1,360
permanency plan may be held immediately following the court's 1,361
determination pursuant to division (A)(2) of this section and 1,362
shall be held no later than thirty days following that 1,363
determination. 1,364
Sec. 2151.42. (A) At any hearing in which a court is 1,374
asked to modify or terminate an order of disposition issued under
section 2151.353, 2151.415, or 2151.417 of the Revised Code, the 1,377
court, in determining whether to return the child to the child's 1,378
parents, shall consider whether it is in the best interest of the 1,379
child. If the order of disposition that is the subject of a 1,380
hearing under this section involves a previous award of legal 1,381
custody under division (A)(3) of section 2151.353 of the Revised 1,382
Code and is governed by division (E) of section 3109.04 of the 1,384
Revised Code, the court shall comply with the requirements of 1,385
division (E) of section 3109.04 of the Revised Code in its 1,386
modification or termination of the order of disposition. 1,387
(B) Additionally, an AN order of disposition issued under 1,389
division (A)(3) of section 2151.353, division (A)(3) of section 1,392
2151.415, or section 2151.417 of the Revised Code granting legal 1,396
custody of a child to a person is intended to be permanent in 1,397
nature. A court shall not modify or terminate an order issued
under either of those divisions or that section granting legal 1,399
custody of a child to a person unless it finds, based on facts 1,402
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33
that have arisen since the order was issued or that were unknown 1,403
to the court at that time, that a change has occurred in the 1,405
circumstances of the child, the child's parents, or the person 1,406
WHO WAS GRANTED LEGAL CUSTODY, and that modification or
termination of the order is necessary to serve the best interest 1,408
of the child.
Sec. 3107.07. Consent to adoption is not required of any 1,417
of the following: 1,418
(A) A parent of a minor, when it is alleged in the 1,420
adoption petition and the court finds after proper service of 1,421
notice and hearing, that the parent has failed without 1,422
justifiable cause to communicate with the minor or to provide for 1,423
the maintenance and support of the minor as required by law or 1,424
judicial decree for a period of at least one year immediately 1,425
preceding either the filing of the adoption petition or the 1,426
placement of the minor in the home of the petitioner. 1,427
(B) The putative father of a minor if either of the 1,429
following applies: 1,430
(1) The putative father fails to register as the minor's 1,433
putative father with the putative father registry established
under section 3107.062 of the Revised Code not later than thirty 1,434
days after the minor's birth; 1,435
(2) The court finds, after proper service of notice and 1,437
hearing, that any of the following are the case: 1,438
(a) The putative father is not the father of the minor; 1,440
(b) The putative father has willfully abandoned or failed 1,443
to care for and support the minor;
(c) The putative father has willfully abandoned the mother 1,445
of the minor during her pregnancy and up to the time of her 1,446
surrender of the minor, or the minor's placement in the home of 1,447
the petitioner, whichever occurs first. 1,448
(C) Except as provided in section 3107.071 of the Revised 1,450
Code, a parent who has entered into a voluntary permanent custody 1,451
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34
surrender agreement under division (B) of section 5103.15 of the 1,452
Revised Code;
(D) A parent whose parental rights have been terminated by 1,454
order of a juvenile court under Chapter 2151. of the Revised 1,455
Code;
(E) A parent who is married to the petitioner and supports 1,457
the adoption;
(F) The father, or putative father, of a minor if the 1,460
minor is conceived as the result of the commission of rape by the 1,461
father or putative father and the father or putative father is
convicted of or pleads guilty to the commission of that offense. 1,462
As used in this division, "rape" means a violation of section 1,463
2907.02 of the Revised Code or a similar law of another state. 1,465
(G) A legal guardian or guardian ad litem of a parent 1,467
judicially declared incompetent in a separate court proceeding 1,468
who has failed to respond in writing to a request for consent, 1,469
for a period of thirty days, or who, after examination of the 1,470
written reasons for withholding consent, is found by the court to 1,471
be withholding consent unreasonably; 1,472
(H) Any legal guardian or lawful custodian of the person 1,474
to be adopted, other than a parent, who has failed to respond in 1,475
writing to a request for consent, for a period of thirty days, or 1,476
who, after examination of the written reasons for withholding 1,477
consent, is found by the court to be withholding consent 1,478
unreasonably; 1,479
(I) The spouse of the person to be adopted, if the failure 1,481
of the spouse to consent to the adoption is found by the court to 1,482
be by reason of prolonged unexplained absence, unavailability, 1,483
incapacity, or circumstances that make it impossible or 1,484
unreasonably difficult to obtain the consent or refusal of the 1,485
spouse; 1,486
(J) Any parent, legal guardian, or other lawful custodian 1,488
in a foreign country, if the person to be adopted has been 1,489
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35
released for adoption pursuant to the laws of the country in 1,490
which the person resides and the release of such person is in a 1,491
form that satisfies the requirements of the immigration and 1,492
naturalization service of the United States department of justice 1,493
for purposes of immigration to the United States pursuant to 1,494
section 101(b)(1)(F) of the "Immigration and Nationality Act," 75 1,496
Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or
reenacted. 1,497
(K) Except as provided in divisions (G) and (H) of this 1,500
section, a juvenile court, agency, or person given notice of the 1,501
petition pursuant to division (A)(2)(1) of section 3107.11 of the 1,502
Revised Code that fails to file an objection to the petition 1,504
within fourteen days after proof is filed pursuant to division 1,505
(B) of that section that the notice was given; 1,506
(L) Any guardian, custodian, or other party who has 1,508
temporary custody of the child. 1,509
Sec. 3107.11. (A) After the filing of a petition to adopt 1,518
an adult or a minor, the court shall fix a time and place for 1,519
hearing the petition. The hearing may take place at any time 1,520
more than thirty days after the date on which the minor is placed 1,521
in the home of the petitioner. At least twenty days before the 1,522
date of hearing, notice of the filing of the petition and of the 1,523
time and place of hearing shall be given by the court to all of 1,524
the following: 1,525
(1) The department of human services; 1,527
(2) Any juvenile court, agency, or person whose consent to 1,529
the adoption is required by this chapter but who has not 1,530
consented;
(3)(2) A person whose consent is not required as provided 1,532
by division (A), (G), (H), or (I) of section 3107.07 of the 1,535
Revised Code and has not consented;
(4)(3) Any guardian, custodian, or other party who has 1,537
temporary custody or permanent custody of the child. 1,539
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36
The notice to the department of human services shall be 1,541
accompanied by a copy of the petition. Notice shall not be given 1,542
to a person whose consent is not required as provided by division 1,543
(B), (C), (D), (E), (F), or (J) of section 3107.07, or section 1,545
3107.071, of the Revised Code. Second notice shall not be given 1,546
to a juvenile court, agency, or person whose consent is not 1,547
required as provided by division (K) of section 3107.07 of the 1,548
Revised Code because the court, agency, or person failed to file 1,549
an objection to the petition within fourteen days after proof was 1,550
filed pursuant to division (B) of this section that a first 1,551
notice was given to the court, agency, or person pursuant to 1,552
division (A)(2)(1) of this section. 1,553
(B) All notices required under this section shall be given 1,555
as specified in the Rules of Civil Procedure. Proof of the 1,556
giving of notice shall be filed with the court before the 1,557
petition is heard. 1,558
Sec. 3107.19. Within thirty days after an adoption decree 1,567
becomes final, the court shall forward a copy of the decree to 1,569
the department of human services of this state for statistical 1,571
purposes. If the adopted person was born in this state or
outside the United States, the court shall forward all of the 1,572
following to the department of health at the time of forwarding 1,573
the decree to the department of human services WITHIN THIRTY DAYS 1,575
AFTER AN ADOPTION DECREE BECOMES FINAL: 1,576
(A) A copy of the adopted person's certificate of 1,578
adoption;
(B) The form prescribed under division (A)(1) of section 1,580
3107.083 of the Revised Code, if a parent filled out and signed 1,581
the form pursuant to section 3107.071, 3107.081, or 5103.151 of 1,582
the Revised Code;
(C) A statement of whether the adopted person is an 1,584
adopted person as defined in section 3107.39 or 3107.45 of the 1,585
Revised Code.
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37
If the adopted person was born in another state of the 1,588
United States, the court shall forward a copy of the adopted 1,589
person's certificate of adoption to that state's vital statistics 1,590
office at the time of forwarding the adoption decree to the 1,591
department of human services WITHIN THIRTY DAYS AFTER AN ADOPTION 1,592
DECREE BECOMES FINAL. 1,593
Sec. 5104.01. As used in this chapter: 1,602
(A) "Administrator" means the person responsible for the 1,604
daily operation of a center or type A home. The administrator 1,605
and the owner may be the same person. 1,606
(B) "Approved child day camp" means a child day camp 1,608
approved pursuant to section 5104.22 of the Revised Code. 1,609
(C) "Authorized provider" means a person authorized by a 1,611
county director of human services to operate a certified type B 1,612
family day-care home. 1,613
(D) "BORDER STATE CHILD DAY-CARE PROVIDER" MEANS A CHILD 1,615
DAY-CARE PROVIDER THAT IS LOCATED IN A STATE BORDERING OHIO AND 1,617
THAT IS LICENSED, CERTIFIED, OR OTHERWISE APPROVED BY THAT STATE 1,619
TO PROVIDE CHILD DAY-CARE.
(E) "Caretaker parent" means the father or mother of a 1,621
child whose presence in the home is needed as the caretaker of 1,622
the child, a person who has legal custody of a child and whose 1,623
presence in the home is needed as the caretaker of the child, a 1,624
guardian of a child whose presence in the home is needed as the 1,625
caretaker of the child, and any other person who stands in loco 1,626
parentis with respect to the child and whose presence in the home 1,627
is needed as the caretaker of the child. 1,628
(E)(F) "Certified type B family day-care home" and 1,630
"certified type B home" mean a type B family day-care home that 1,632
is certified by the director of the county department of human
services pursuant to section 5104.11 of the Revised Code to 1,633
receive public funds for providing child day-care pursuant to 1,634
this chapter and any rules adopted under it. 1,635
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38
(F)(G) "Chartered nonpublic school" means a school that 1,637
meets standards for nonpublic schools prescribed by the state 1,638
board of education for nonpublic schools pursuant to section 1,639
3301.07 of the Revised Code. 1,640
(G)(H) "Child" includes an infant, toddler, preschool 1,642
child, or school child. 1,643
(H)(I) "Child care block grant act" means the "Child Care 1,646
and Development Block Grant Act of 1990," established in section 1,647
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 1,648
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 1,651
(I)(J) "Child day camp" means a program in which only 1,653
school children attend or participate, that operates for no more 1,654
than seven hours per day, that operates only during one or more 1,655
public school district's regular vacation periods or for no more 1,656
than fifteen weeks during the summer, and that operates outdoor 1,657
activities for each child who attends or participates in the 1,658
program for a minimum of fifty per cent of each day that children 1,659
attend or participate in the program, except for any day when 1,660
hazardous weather conditions prevent the program from operating 1,661
outdoor activities for a minimum of fifty per cent of that day. 1,662
For purposes of this division, the maximum seven hours of 1,663
operation time does not include transportation time from a 1,664
child's home to a child day camp and from a child day camp to a 1,665
child's home. 1,666
(J)(K) "Child day-care" means administering to the needs 1,668
of infants, toddlers, preschool children, and school children 1,670
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 1,671
adoption for any part of the twenty-four-hour day in a place or 1,672
residence other than a child's own home. 1,673
(K)(L) "Child day-care center" and "center" mean any place 1,675
in which child day-care or publicly funded child day-care is 1,676
provided for thirteen or more children at one time or any place 1,677
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39
that is not the permanent residence of the licensee or 1,678
administrator in which child day-care or publicly funded child 1,679
day-care is provided for seven to twelve children at one time. 1,680
In counting children for the purposes of this division, any 1,681
children under six years of age who are related to a licensee, 1,682
administrator, or employee and who are on the premises of the 1,683
center shall be counted. "Child day-care center" and "center" do 1,684
not include any of the following: 1,685
(1) A place located in and operated by a hospital, as 1,687
defined in section 3727.01 of the Revised Code, in which the 1,688
needs of children are administered to, if all the children whose 1,689
needs are being administered to are monitored under the on-site 1,690
supervision of a physician licensed under Chapter 4731. of the 1,691
Revised Code or a registered nurse licensed under Chapter 4723. 1,692
of the Revised Code, and the services are provided only for 1,693
children who, in the opinion of the child's parent, guardian, or 1,694
custodian, are exhibiting symptoms of a communicable disease or 1,695
other illness or are injured; 1,696
(2) A child day camp; 1,698
(3) A place that provides child day-care, but not publicly 1,701
funded child day-care, if all of the following apply: 1,702
(a) An organized religious body provides the child 1,705
day-care;
(b) A parent, custodian, or guardian of at least one child 1,708
receiving child day-care is on the premises and readily 1,709
accessible at all times;
(c) The child day-care is not provided for more than 1,711
thirty days a year; 1,712
(d) The child day-care is provided only for preschool and 1,714
school children. 1,715
(L)(M) "Child day-care resource and referral service 1,717
organization" means a community-based nonprofit organization that 1,719
provides child day-care resource and referral services but not 1,720
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40
child day-care.
(M)(N) "Child day-care resource and referral services" 1,722
means all of the following services: 1,723
(1) Maintenance of a uniform data base of all child 1,725
day-care providers in the community that are in compliance with 1,726
this chapter, including current occupancy and vacancy data; 1,727
(2) Provision of individualized consumer education to 1,729
families seeking child day-care; 1,730
(3) Provision of timely referrals of available child 1,732
day-care providers to families seeking child day-care; 1,733
(4) Recruitment of child day-care providers; 1,735
(5) Assistance in the development, conduct, and 1,737
dissemination of training for child day-care providers and 1,739
provision of technical assistance to current and potential child 1,740
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 1,742
demand for child day-care in the community; 1,743
(7) Technical assistance concerning locally, state, and 1,745
federally funded child day-care and early childhood education 1,746
programs;
(8) Stimulation of employer involvement in making child 1,748
day-care more affordable, more available, safer, and of higher 1,749
quality for their employees and for the community; 1,750
(9) Provision of written educational materials to 1,752
caretaker parents and informational resources to child day-care 1,753
providers; 1,754
(10) Coordination of services among child day-care 1,756
resource and referral service organizations to assist in 1,757
developing and maintaining a statewide system of child day-care 1,758
resource and referral services if required by the department of 1,759
human services;
(11) Cooperation with the county department of human 1,761
services in encouraging the establishment of parent cooperative 1,762
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41
child day-care centers and parent cooperative type A family 1,764
day-care homes.
(N)(O) "Child-care staff member" means an employee of a 1,766
child day-care center or type A family day-care home who is 1,767
primarily responsible for the care and supervision of children. 1,768
The administrator may be a part-time child-care staff member when 1,769
not involved in other duties. 1,770
(O)(P) "Drop-in child day-care center," "drop-in center," 1,772
"drop-in type A family day-care home," and "drop-in type A home" 1,774
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 1,775
irregular basis. 1,776
(P)(Q) "Employee" means a person who either: 1,778
(1) Receives compensation for duties performed in a child 1,780
day-care center or type A family day-care home; 1,781
(2) Is assigned specific working hours or duties in a 1,783
child day-care center or type A family day-care home. 1,784
(Q)(R) "Employer" means a person, firm, institution, 1,786
organization, or agency that operates a child day-care center or 1,787
type A family day-care home subject to licensure under this 1,788
chapter.
(R)(S) "Federal poverty line" means the official poverty 1,790
guideline as revised annually in accordance with section 673(2) 1,791
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 1,793
42 U.S.C. 9902, as amended, for a family size equal to the size 1,796
of the family of the person whose income is being determined. 1,797
(S)(T) "Head start program" means a comprehensive child 1,799
development program that receives funds distributed under the 1,800
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 1,803
amended, or under section 3301.31 of the Revised Code. 1,804
(T)(U) "Income" means gross income, as defined in section 1,806
5107.10 of the Revised Code, less any amounts required by federal 1,808
statutes or regulations to be disregarded. 1,810
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42
(U)(V) "Indicator checklist" means an inspection tool, 1,812
used in (U) "Indicator checklist" means an inspection tool, used 1,813
in conjunction with an instrument-based program monitoring 1,814
information system, that contains selected licensing requirements 1,815
that are statistically reliable indicators or predictors of a 1,816
child day-care center or type A family day-care home's compliance 1,817
with licensing requirements.
(V)(W) "Infant" means a child who is less than eighteen 1,820
months of age.
(W)(X) "In-home aide" means a person certified by a county 1,822
director of human services pursuant to section 5104.12 of the 1,823
Revised Code to provide publicly funded child day-care to a child 1,824
in a child's own home pursuant to this chapter and any rules 1,825
adopted under it. 1,826
(X)(Y) "Instrument-based program monitoring information 1,828
system" means a method to assess compliance with licensing 1,830
requirements for child day-care centers and type A family 1,831
day-care homes in which each licensing requirement is assigned a 1,832
weight indicative of the relative importance of the requirement 1,833
to the health, growth, and safety of the children that is used to 1,834
develop an indicator checklist.
(Y)(Z) "License capacity" means the maximum number in each 1,836
age category of children who may be cared for in a child day-care 1,837
center or type A family day-care home at one time as determined 1,838
by the director of human services considering building occupancy 1,839
limits established by the department of commerce, number of 1,840
available child-care staff members, amount of available indoor 1,841
floor space and outdoor play space, and amount of available play 1,842
equipment, materials, and supplies.
(Z)(AA) "Licensed preschool program" or "licensed school 1,844
child program" means a preschool program or school child program, 1,845
as defined in section 3301.52 of the Revised Code, that is 1,846
licensed by the department of education pursuant to sections 1,847
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43
3301.52 to 3301.59 of the Revised Code. 1,848
(AA)(BB) "Licensee" means the owner of a child day-care 1,850
center or type A family day-care home that is licensed pursuant 1,852
to this chapter and who is responsible for ensuring its 1,853
compliance with this chapter and rules adopted pursuant to this 1,854
chapter.
(BB)(CC) "Operate a child day camp" means to operate, 1,856
establish, manage, conduct, or maintain a child day camp. 1,857
(CC)(DD) "Owner" includes a person, as defined in section 1,859
1.59 of the Revised Code, or government entity. 1,860
(DD)(EE) "Parent cooperative child day-care center," 1,862
"parent cooperative center," "parent cooperative type A family 1,863
day-care home," and "parent cooperative type A home" mean a 1,864
corporation or association organized for providing educational 1,865
services to the children of members of the corporation or 1,866
association, without gain to the corporation or association as an 1,867
entity, in which the services of the corporation or association 1,868
are provided only to children of the members of the corporation 1,869
or association, ownership and control of the corporation or 1,870
association rests solely with the members of the corporation or 1,871
association, and at least one parent-member of the corporation or 1,872
association is on the premises of the center or type A home 1,873
during its hours of operation. 1,874
(EE)(FF) "Part-time child day-care center," "part-time 1,876
center," "part-time type A family day-care home," and "part-time 1,878
type A home" mean a center or type A home that provides child 1,879
day-care or publicly funded child day-care for no more than four 1,880
hours a day for any child. 1,881
(FF)(GG) "Place of worship" means a building where 1,883
activities of an organized religious group are conducted and 1,885
includes the grounds and any other buildings on the grounds used 1,886
for such activities. 1,887
(GG)(HH) "Preschool child" means a child who is three 1,889
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44
years old or older but is not a school child. 1,891
(HH)(II) "Protective day-care" means publicly funded child 1,893
day-care for the direct care and protection of a child to whom 1,894
either of the following applies: 1,895
(1) A case plan prepared and maintained for the child 1,897
pursuant to section 2151.412 of the Revised Code indicates a need 1,898
for protective day-care and the child resides with a parent, 1,899
stepparent, guardian, or another person who stands in loco 1,900
parentis as defined in rules adopted under section 5104.38 of the 1,901
Revised Code;
(2) The child and the child's caretaker either temporarily 1,903
reside in a facility providing emergency shelter for homeless 1,905
families or are determined by the county department of human 1,906
services to be homeless, and are otherwise ineligible for 1,907
publicly funded child day-care. 1,908
(II)(JJ) "Publicly funded child day-care" means 1,910
administering to the needs of infants, toddlers, preschool 1,912
children, and school children under age thirteen during any part 1,914
of the twenty-four-hour day by persons other than their caretaker 1,916
parents for remuneration wholly or in part with federal or state 1,917
funds, including child care block grant act funds, distributed by 1,918
the department of human services. 1,919
(JJ)(KK) "Religious activities" means any of the 1,921
following: worship or other religious services; religious 1,922
instruction; Sunday school classes or other religious classes 1,923
conducted during or prior to worship or other religious services; 1,925
youth or adult fellowship activities; choir or other musical 1,926
group practices or programs; meals; festivals; or meetings 1,927
conducted by an organized religious group. 1,928
(KK)(LL) "School child" means a child who is enrolled in 1,930
or is eligible to be enrolled in a grade of kindergarten or above 1,932
but is less than fifteen years old. 1,933
(LL)(MM) "School child day-care center," "school child 1,935
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45
center," "school child type A family day-care home," and "school 1,937
child type A family home" mean a center or type A home that 1,938
provides child day-care for school children only and that does 1,940
either or both of the following: 1,941
(1) Operates only during that part of the day that 1,943
immediately precedes or follows the public school day of the 1,944
school district in which the center or type A home is located; 1,945
(2) Operates only when the public schools in the school 1,947
district in which the center or type A home is located are not 1,948
open for instruction with pupils in attendance. 1,949
(MM)(NN) "Special needs day-care" means publicly funded 1,951
child day-care that is provided for a child who is physically or 1,953
developmentally handicapped, mentally retarded, or mentally ill. 1,954
(NN)(OO) "State median income" means the state median 1,956
income calculated by the department of development pursuant to 1,957
division (A)(1)(g) of section 5709.61 of the Revised Code. 1,958
(OO)(PP) "Toddler" means a child who is at least eighteen 1,960
months of age but less than three years of age. 1,961
(PP)(QQ) "Type A family day-care home" and "type A home" 1,963
mean a permanent residence of the administrator in which child 1,965
day-care or publicly funded child day-care is provided for seven 1,966
to twelve children at one time or a permanent residence of the 1,967
administrator in which child day-care is provided for four to 1,968
twelve children at one time if four or more children at one time 1,969
are under two years of age. In counting children for the 1,970
purposes of this division, any children under six years of age 1,971
who are related to a licensee, administrator, or employee and who 1,972
are on the premises of the type A home shall be counted. "Type A 1,973
family day-care home" does not include a residence in which the 1,974
needs of children are administered to, if all of the children 1,975
whose needs are being administered to are siblings of the same 1,976
immediate family and the residence is the home of the siblings. 1,977
"Type A family day-care home" and "type A home" do not include 1,978
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46
any child day camp. 1,979
(QQ)(RR) "Type B family day-care home" and "type B home" 1,981
mean a permanent residence of the provider in which child 1,982
day-care is provided for one to six children at one time and in 1,983
which no more than three children are under two years of age at 1,984
one time. In counting children for the purposes of this 1,985
division, any children under six years of age who are related to 1,986
the provider and who are on the premises of the type B home shall 1,987
be counted. "Type B family day-care home" does not include a 1,988
residence in which the needs of children are administered to, if 1,989
all of the children whose needs are being administered to are 1,990
siblings of the same immediate family and the residence is the 1,991
home of the siblings. "Type B family day-care home" and "type B 1,992
home" do not include any child day camp. 1,993
Sec. 5104.08. There is hereby created in the department of 2,002
human services a day-care advisory council to advise and assist 2,003
the department in the administration of this chapter and in the 2,004
development of child day-care. The council shall consist of 2,005
eighteen members appointed by the director of human services with 2,006
the approval of the governor. The director of human services, 2,007
the superintendent of public instruction, the director of health, 2,008
the director of commerce, and the state fire marshal shall serve 2,011
as nonvoting members of the council.
Six members shall be representatives of child day-care 2,013
centers subject to licensing, the members to represent a variety 2,014
of centers, including nonprofit and proprietary, from different 2,015
geographical areas of the state. At least three members shall be 2,016
parents, guardians, or custodians of children in a head start 2,017
program or receiving child day-care or publicly funded child 2,018
day-care in the child's own home, a center, type A home, 2,019
certified type B home, or type B home at the time of appointment. 2,020
Three members shall be representatives of in-home aides, type A 2,021
homes, certified type B homes, or type B homes or head start 2,022
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47
programs. At least two members shall represent county 2,023
departments of human services. The remaining members shall be 2,024
representatives of the teaching, child development, and health 2,025
professions, and other individuals interested in the welfare of 2,026
children. At least six members of the council shall not be 2,027
employees or licensees of a child day-care center or type A home, 2,028
or providers operating a certified type B home or type B home, or 2,029
in-home aides. 2,030
Six of the original appointments shall be for one year, six 2,032
for two years, and six for three years, and subsequent 2,033
appointments shall be for three-year terms. Vacancies shall be 2,034
filled for the unexpired terms. 2,035
The council shall advise the director on matters affecting 2,037
the licensing of centers and type A homes and the certification 2,038
of type B homes and in-home aides. The council shall make an 2,039
annual report to the director concerning the licensing, 2,040
certification, and regulation program, THE PROVISION OF PUBLICLY 2,041
FUNDED CHILD DAY-CARE BY BORDER STATE CHILD DAY-CARE PROVIDERS, 2,042
and the council's recommendations concerning such THE REGULATION 2,044
program AND BORDER STATE CHILD DAY-CARE PROVIDERS. Copies of the 2,045
report shall be PROVIDED TO THE DIRECTOR, GOVERNOR, SPEAKER AND 2,046
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND THE 2,047
PRESIDENT AND MINORITY LEADER OF THE SENATE AND, ON REQUEST, made 2,048
available to the public upon request. 2,049
Members of the council shall serve without compensation but 2,051
shall be reimbursed for necessary expenses. 2,052
Sec. 5104.31. Publicly funded child day-care may be 2,061
provided only by a THE FOLLOWING: 2,062
(A) A child day-care center or type A family day-care 2,065
home, including a parent cooperative child day-care center or 2,066
parent cooperative type A family day-care home, licensed by the 2,067
department of human services pursuant to section 5104.03 of the 2,069
Revised Code, a; 2,070
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48
(B) A type B family day-care home certified by the county 2,074
department of human services pursuant to section 5104.11 of the 2,076
Revised Code, a;
(C) A type B family day-care home that has received a 2,079
limited certification pursuant to rules adopted under division 2,080
(G)(1) of section 5104.011 of the Revised Code, an;
(D) AN in-home aide who has been certified by the county 2,085
department of human services pursuant to section 5104.12 of the 2,086
Revised Code, a; 2,087
(E) A child day camp approved pursuant to section 5104.22 2,090
of the Revised Code, a; 2,091
(F) A licensed preschool program, or a; 2,093
(G) A licensed school child program; 2,096
(H) A BORDER STATE CHILD DAY-CARE PROVIDER, EXCEPT THAT A 2,098
BORDER STATE CHILD DAY-CARE PROVIDER MAY PROVIDE PUBLICLY FUNDED 2,099
CHILD DAY-CARE ONLY TO AN INDIVIDUAL WHO RESIDES IN AN OHIO 2,100
COUNTY THAT BORDERS THE STATE IN WHICH THE PROVIDER IS LOCATED. 2,101
Sec. 5104.32. (A) Except as provided in division (C) of 2,111
this section, all purchases of publicly funded child day-care 2,112
shall be made under a contract entered into by a licensed child 2,113
day-care center, licensed type A family day-care home, certified 2,114
type B family day-care home, certified in-home aide, approved 2,115
child day camp, licensed preschool program, or licensed school 2,116
child program, OR BORDER STATE CHILD DAY-CARE PROVIDER and the 2,117
county department of human services. A county department of 2,118
human services may enter into a contract with a provider for 2,119
publicly funded child day-care for a specified period of time or 2,120
upon a continuous basis for an unspecified period of time. All 2,121
contracts for publicly funded child day-care shall be contingent 2,122
upon the availability of state and federal funds. The department 2,123
of human services shall prescribe a standard form to be used for 2,124
all contracts for the purchase of publicly funded child day-care, 2,125
regardless of the source of public funds used to purchase the 2,126
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49
child day-care. To the extent permitted by federal law and 2,127
notwithstanding any other provision of the Revised Code that 2,128
regulates state or county contracts or contracts involving the 2,129
expenditure of state, county, or federal funds, all contracts for 2,130
publicly funded child day-care shall be entered into in 2,131
accordance with the provisions of this chapter and are exempt 2,132
from any other provision of the Revised Code that regulates state 2,133
or county contracts or contracts involving the expenditure of 2,134
state, county, or federal funds. 2,135
(B) Each contract for publicly funded child day-care shall 2,137
specify at least the following: 2,138
(1) Except as provided in division (B)(2) of this section, 2,141
that the provider of publicly funded child day-care agrees to be 2,142
paid for rendering services at the lower of the rate customarily 2,143
charged by the provider for children enrolled for child day-care 2,144
or the rate of reimbursement established pursuant to section 2,145
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 2,147
day-care to caretaker parents who work nontraditional hours, that 2,148
the provider is to be paid for rendering services to those 2,149
caretaker parents at the rate of reimbursement established 2,150
pursuant to section 5104.30 of the Revised Code regardless of 2,152
whether that rate is higher than the rate the provider 2,153
customarily charges for children enrolled for child day-care; 2,154
(3) That, if a provider provides child day-care to an 2,156
individual potentially eligible for publicly funded child 2,157
day-care who is subsequently determined to be eligible, the 2,158
county department agrees to pay for all child day-care provided 2,159
between the date the county department receives the individual's 2,160
completed application and the date the individual's eligibility 2,161
is determined; 2,162
(4) Whether the county department of human services, the 2,164
provider, or a child day-care resource and referral service 2,165
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50
organization will make eligibility determinations, whether the 2,166
provider or a child day-care resource and referral service 2,167
organization will be required to collect information to be used 2,168
by the county department to make eligibility determinations, and 2,169
the time period within which the provider or child day-care 2,170
resource and referral service organization is required to 2,171
complete required eligibility determinations or to transmit to 2,172
the county department any information collected for the purpose 2,173
of making eligibility determinations; 2,174
(5) That the provider, OTHER THAN A BORDER STATE CHILD 2,176
DAY-CARE PROVIDER, shall continue to be licensed, approved, or 2,178
certified pursuant to this chapter or sections 3301.52 to 3301.59 2,179
of the Revised Code and shall comply with all standards and other 2,180
requirements in this chapter and those sections and in rules 2,181
adopted pursuant to this chapter or those sections for 2,182
maintaining the provider's license, approval, or certification; 2,183
(6) THAT, IN THE CASE OF A BORDER STATE CHILD DAY-CARE 2,185
PROVIDER, THE PROVIDER SHALL CONTINUE TO BE LICENSED, CERTIFIED, 2,186
OR OTHERWISE APPROVED BY THE STATE IN WHICH THE PROVIDER IS 2,188
LOCATED AND SHALL COMPLY WITH ALL STANDARDS AND OTHER 2,189
REQUIREMENTS ESTABLISHED BY THAT STATE FOR MAINTAINING THE
PROVIDER'S LICENSE, CERTIFICATE, OR OTHER APPROVAL; 2,190
(7) Whether the provider will be paid by the county 2,192
department of human services or the state department of human 2,193
services; 2,194
(7)(8) That the contract is subject to the availability of 2,196
state and federal funds. 2,197
(C) Unless specifically prohibited by federal law, the 2,199
county department of human services shall give individuals 2,200
eligible for publicly funded child day-care the option of 2,201
obtaining certificates for payment that the individual may use to 2,202
purchase services from any provider qualified to provide publicly 2,203
funded child day-care under section 5104.31 of the Revised Code. 2,204
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51
Providers of publicly funded child day-care may present these 2,205
certificates for payment for reimbursement in accordance with 2,206
rules that the department of human services shall adopt. Only 2,207
providers may receive reimbursement for certificates for payment. 2,208
The value of the certificate for payment shall be based on the 2,209
lower of the rate customarily charged by the provider or the rate 2,211
of reimbursement established pursuant to section 5104.30 of the 2,212
Revised Code, unless the provider provides publicly funded child 2,213
day-care to caretaker parents who work nontraditional hours, in 2,214
which case the value of the certificate for payment for the 2,215
services to those caretaker parents shall be based on the rate of 2,216
reimbursement established pursuant to that section regardless of 2,217
whether that rate is higher than the rate customarily charged by 2,218
the provider. The county department may provide the certificates 2,220
for payment to the individuals or may contract with child 2,221
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 2,222
publicly funded child day-care pursuant to contracts entered into 2,223
under section 5104.34 of the Revised Code for the providers or 2,224
resource and referral service organizations to provide the 2,225
certificates for payment to individuals whom they determine are 2,226
eligible for publicly funded child day-care. 2,227
Sec. 5104.35. (A) The county department of human services 2,236
shall do all of the following: 2,237
(1) Accept any gift, grant, or other funds from either 2,239
public or private sources offered unconditionally or under 2,240
conditions which are, in the judgment of the department, proper 2,241
and consistent with this chapter and deposit the funds in the 2,242
county public assistance fund established by section 5101.161 of 2,243
the Revised Code; 2,244
(2) Recruit individuals and groups interested in 2,246
certification as in-home aides or in developing and operating 2,247
suitable licensed child day-care centers, type A family day-care 2,248
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52
homes, or certified type B family day-care homes, especially in 2,249
areas with high concentrations of recipients of public 2,250
assistance, and for that purpose provide consultation to 2,251
interested individuals and groups on request; 2,252
(3) Inform clients of the availability of child day-care 2,254
services; 2,255
(4) Pay to a child day-care center, type A family day-care 2,257
home, certified type B family day-care home, in-home aide, 2,258
approved child day camp, licensed preschool program, or licensed 2,259
school child program, OR BORDER STATE CHILD DAY-CARE PROVIDER for 2,261
child day-care services, the amount provided for in division (B) 2,262
of section 5104.32 of the Revised Code. If part of the cost of 2,263
care of a child is paid by the child's parent or any other 2,264
person, the amount paid shall be subtracted from the amount the 2,265
county department pays. 2,267
(5) In accordance with rules adopted pursuant to section 2,269
5104.39 of the Revised Code, provide monthly reports to the 2,270
director of human services and the director of budget and 2,271
management regarding expenditures for the purchase of publicly 2,272
funded child day-care. 2,273
(B) The county department of human services may do any of 2,275
the following: 2,276
(1) To the extent permitted by federal law, use public 2,278
child day-care funds to extend the hours of operation of the 2,279
county department to accommodate the needs of working caretaker 2,280
parents and enable those parents to apply for publicly funded 2,281
child day-care; 2,282
(2) In accordance with rules adopted by the state 2,284
department of human services, request a waiver of the maximum 2,285
rate of assistance that is established by the state department of 2,286
human services pursuant to section 5104.30 of the Revised Code 2,287
for the purpose of paying a higher rate for publicly funded child 2,288
day-care based upon the special needs of a child, the special 2,289
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circumstances of a family, or unique child day-care market 2,290
conditions; 2,291
(3) To the extent permitted by federal law, use state and 2,293
federal funds to pay deposits and other advance payments that a 2,294
provider of child day-care customarily charges all children who 2,295
receive child day-care from that provider; 2,296
(4) To the extent permitted by federal law, pay for up to 2,298
thirty days of child day-care for a child whose caretaker parent 2,299
is seeking employment, taking part in employment orientation 2,300
activities, or taking part in activities in anticipation of 2,301
enrollment or attendance in an education or training program or 2,302
activity, if the employment or education or training program or 2,303
activity is expected to begin within the thirty-day period. 2,304
Sec. 5104.36. The licensee or administrator of a child 2,313
day-care center or type A family day-care home, the authorized 2,314
provider of a certified type B family day-care home, the AN 2,315
in-home aide providing child day-care services, and the director 2,317
or administrator of an approved child day camp, AND A BORDER 2,318
STATE CHILD DAY-CARE PROVIDER shall keep a record for each 2,320
eligible child, to be made available to the county department of 2,321
human services or the department of human services on request. 2,322
The record shall include all of the following:
(A) The name and date of birth of the child; 2,324
(B) The name and address of his THE CHILD'S caretaker 2,326
parent;
(C) The name and address of the caretaker parent's place 2,328
of employment or program of education or training; 2,329
(D) The hours for which child day-care services have been 2,331
provided for the child; 2,332
(E) Any other information required by the county 2,334
department of human services or the state department of human 2,335
services. 2,336
Sec. 5104.38. In addition to any other rules adopted under 2,345
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54
this chapter, the department of human services shall adopt rules 2,346
in accordance with Chapter 119. of the Revised Code governing 2,348
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 2,349
(A) Procedures and criteria to be used in making 2,351
determinations of eligibility for publicly funded child day-care 2,352
that give priority to children of families with lower incomes and 2,354
procedures and criteria for eligibility for publicly funded 2,355
protective day-care. The rules shall specify the maximum amount 2,356
of income a family may have for initial and continued 2,357
eligibility. The maximum amount shall not exceed one hundred 2,358
eighty-five per cent of the federal poverty line. 2,359
(B) Procedures under which a county department of human 2,361
services may, if the department, under division (A) of this 2,363
section, specifies a maximum amount of income a family may have 2,364
for eligibility for publicly funded child day-care that is less 2,365
than one hundred eighty-five per cent of the federal poverty 2,366
line, specify a maximum amount of income a family residing in the
county the county department serves may have for initial and 2,367
continued eligibility for publicly funded child day-care that is 2,368
higher than the amount specified by the department but does not 2,369
exceed one hundred eighty-five per cent of the federal poverty 2,370
line;
(C) A schedule of fees requiring all eligible caretaker 2,373
parents to pay a fee for publicly funded child day-care according 2,374
to income and family size, which shall be uniform for all types 2,375
of publicly funded child day-care, except as authorized by rule, 2,376
and, to the extent permitted by federal law, shall permit the use 2,378
of state and federal funds to pay the customary deposits and 2,379
other advance payments that a provider charges all children who 2,380
receive child day-care from that provider; 2,381
(D) A formula based upon a percentage of the county's 2,383
total expenditures for publicly funded child day-care for 2,384
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55
determining the maximum amount of state and federal funds 2,385
appropriated for publicly funded child day-care that a county 2,386
department may use for administrative purposes; 2,387
(E) Procedures to be followed by the department and county 2,389
departments in recruiting individuals and groups to become 2,390
providers of child day-care; 2,391
(F) Procedures to be followed in establishing state or 2,393
local programs designed to assist individuals who are eligible 2,394
for publicly funded child day-care in identifying the resources 2,395
available to them and to refer the individuals to appropriate 2,396
sources to obtain child day-care; 2,397
(G) Procedures to deal with fraud and abuse committed by 2,399
either recipients or providers of publicly funded child day-care; 2,400
(H) Procedures for establishing a child day-care grant or 2,402
loan program in accordance with the child care block grant act; 2,403
(I) Standards and procedures for applicants to apply for 2,405
grants and loans, and for the department to make grants and 2,406
loans; 2,407
(J) A definition of "person who stands in loco parentis" 2,409
for the purposes of division (HH)(II)(1) of section 5104.01 of 2,411
the Revised Code;
(K) Any other rules necessary to carry out sections 2,413
5104.30 to 5104.39 of the Revised Code. 2,414
Section 2. That existing sections 2151.31, 2151.314, 2,416
2151.33, 2151.413, 2151.414, 2151.415, 2151.419, 2151.42, 2,417
3107.07, 3107.11, 3107.19, 5104.01, 5104.08, 5104.31, 5104.32, 2,419
5104.35, 5104.36, and 5104.38 of the Revised Code are hereby 2,420
repealed.