As Reported by the Senate Health, Human Services 1
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 176 6
1999-2000 7
REPRESENTATIVES WINKLER-BARRETT-BATEMAN-BENDER-JONES-KREBS- 9
LOGAN-D.MILLER-OPFER-SCHUCK-SCHULER-TERWILLEGER- 11
VAN VYVEN-VESPER-WILLAMOWSKI-HAINES-CLANCY-
O'BRIEN-BRITTON-CAREY-PERZ-DISTEL-WILSON-HOLLISTER- 13
SENATORS KEARNS-DRAKE
_________________________________________________________________ 15
A B I L L
To amend sections 2151.31, 2151.314, 2151.33, 17
2151.413, 2151.414, 2151.415, 2151.419, 2151.42, 18
3107.07, 3107.11, 3107.19, 5104.01, 5104.08,
5104.31, 5104.32, 5104.35, 5104.36, and 5104.38 20
of the Revised Code to revise the law governing
custody in child protection cases, to eliminate 21
the requirement that a copy of an adoption decree 22
be forwarded to the Department of Human Services,
and to authorize the use of child day-care 24
providers located in states bordering Ohio for
publicly funded child day-care. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 2151.31, 2151.314, 2151.33, 29
2151.413, 2151.414, 2151.415, 2151.419, 2151.42, 3107.07, 30
3107.11, 3107.19, 5104.01, 5104.08, 5104.31, 5104.32, 5104.35, 32
5104.36, and 5104.38 of the Revised Code be amended to read as 33
follows:
Sec. 2151.31. (A) A child may be taken into custody in 42
any of the following ways: 43
(1) Pursuant to an order of the court under this chapter; 45
(2) Pursuant to the laws of arrest; 47
2
(3) By a law enforcement officer or duly authorized 49
officer of the court when any of the following conditions are 50
present: 51
(a) There are reasonable grounds to believe that the child 53
is suffering from illness or injury and is not receiving proper 54
care, as described in section 2151.03 of the Revised Code, and 55
the child's removal is necessary to prevent immediate or 56
threatened physical or emotional harm; 58
(b) There are reasonable grounds to believe that the child 60
is in immediate danger from the child's surroundings and that the 62
child's removal is necessary to prevent immediate or threatened 63
physical or emotional harm; 64
(c) There are reasonable grounds to believe that a parent, 66
guardian, custodian, or other household member of the child's 67
household has abused or neglected another child in the household 68
and to believe that the child is in danger of immediate or 69
threatened physical or emotional harm from that person. 70
(4) By an enforcement official, as defined in section 72
4109.01 of the Revised Code, under the circumstances set forth in 73
section 4109.08 of the Revised Code; 74
(5) By a law enforcement officer or duly authorized 76
officer of the court when there are reasonable grounds to believe 77
that the child has run away from the child's parents, guardian, 79
or other custodian; 80
(6) By a law enforcement officer or duly authorized 82
officer of the court when any of the following apply: 83
(a) There are reasonable grounds to believe that the 85
conduct, conditions, or surroundings of the child are endangering 86
the health, welfare, or safety of the child. 87
(b) A complaint has been filed with respect to the child 89
under section 2151.27 of the Revised Code and there are 90
reasonable grounds to believe that the child may abscond or be 91
removed from the jurisdiction of the court. 92
(c) The child is required to appear in court and there are 94
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reasonable grounds to believe that the child will not be brought 95
before the court when required. 96
(B)(1) The taking of a child into custody is not and shall 98
not be deemed an arrest except for the purpose of determining its 99
validity under the constitution of this state or of the United 100
States. 101
(2) Except as provided in division (C) of section 2151.311 103
of the Revised Code, a child taken into custody shall not be held 104
in any state correctional institution, county, multicounty, or 106
municipal jail or workhouse, or any other place where any adult 107
convicted of crime, under arrest, or charged with crime is held. 108
(C) A child taken into custody shall not be confined in a 110
place of juvenile detention or placed in shelter care prior to 111
the implementation of the court's final order of disposition, 112
unless detention or shelter care is required to protect the child 114
from immediate or threatened physical or emotional harm, because 115
the child may abscond or be removed from the jurisdiction of the 116
court, because the child has no parents, guardian, or custodian 117
or other person able to provide supervision and care for the 118
child and return the child to the court when required, or because 119
an order for placement of the child in detention or shelter care 120
has been made by the court pursuant to this chapter. 121
(D) Upon receipt of notice from a person that the person 123
intends to take an alleged abused, neglected, or dependent child 124
into custody pursuant to division (A)(3) of this section, a 125
juvenile judge or a designated referee may grant by telephone an 126
ex parte emergency order authorizing the taking of the child into 127
custody if there is probable cause to believe that any of the 128
conditions set forth in divisions (A)(3)(a) to (c) of this 129
section are present. The judge or referee shall journalize any 130
ex parte emergency order issued pursuant to this division. If an 131
order is issued pursuant to this division and the child is taken 132
into custody pursuant to the order, a sworn complaint shall be 133
filed with respect to the child before the end of the next 134
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business day after the day on which the child is taken into 135
custody and a hearing shall be held pursuant to division (E) of 136
this section and the Juvenile Rules. A juvenile judge or referee 137
shall not grant an emergency order by telephone pursuant to this 138
division until after the judge or referee determines that 139
reasonable efforts have been made to notify the parents, 141
guardian, or custodian of the child that the child may be placed 142
into shelter care and of the reasons for placing the child into 143
shelter care, except that, if the requirement for notification 144
would jeopardize the physical or emotional safety of the child or 145
result in the child being removed from the court's jurisdiction, 146
the judge or referee may issue the order for taking the child 147
into custody and placing the child into shelter care prior to 148
giving notice to the parents, guardian, or custodian of the 149
child.
(E) If a judge or referee pursuant to division (D) of this 151
section issues an ex parte emergency order for taking a child 152
into custody, the court shall hold a hearing to determine whether 153
there is probable cause for the emergency order. The hearing 154
shall be held before the end of the next business day after the 155
day on which the emergency order is issued, except that it shall 156
not be held later than seventy-two hours after the emergency 157
order is issued. 158
If the court determines at the hearing that there is not 160
probable cause for the issuance of the emergency order issued 161
pursuant to division (D) of this section, it shall order the 162
child released to the custody of the child's parents, guardian, 164
or custodian. If the court determines at the hearing that there 165
is probable cause for the issuance of the emergency order issued 166
pursuant to division (D) of this section, the court shall do both 168
ALL of the following: 169
(1) Ensure that a complaint is filed or has been filed; 171
(2) COMPLY WITH SECTION 2151.419 OF THE REVISED CODE; 173
(3) Hold a hearing pursuant to section 2151.314 of the 175
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Revised Code to determine if the child should remain in shelter 176
care. 177
(F) If the court determines at the hearing held pursuant 179
to division (E) of this section that there is probable cause to 180
believe that the child is an abused child, as defined in division 181
(A) of section 2151.031 of the Revised Code, the court may do any 182
of the following: 183
(1) Upon the motion of any party, the guardian ad litem, 185
the prosecuting attorney, or an employee of the public children 186
services agency, or its own motion, issue reasonable protective 190
orders with respect to the interviewing or deposition of the 191
child;
(2) Order that the child's testimony be videotaped for 193
preservation of the testimony for possible use in any other 194
proceedings in the case; 195
(3) Set any additional conditions with respect to the 197
child or the case involving the child that are in the best 198
interest of the child. 199
(G) This section is not intended, and shall not be 201
construed, to prevent any person from taking a child into 202
custody, if taking the child into custody is necessary in an 203
emergency to prevent the physical injury, emotional harm, or 204
neglect of the child. 205
Sec. 2151.314. (A) When a child is brought before the 214
court or delivered to a place of detention or shelter care 215
designated by the court, the intake or other authorized officer 216
of the court shall immediately make an investigation and shall 217
release the child unless it appears that the child's detention or 218
shelter care is warranted or required under section 2151.31 of 219
the Revised Code. 220
If the child is not so released, a complaint under section 222
2151.27 of the Revised Code shall be filed and an informal 223
detention or shelter care hearing held promptly, not later than 224
seventy-two hours after the child is placed in detention or 225
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shelter care, to determine whether detention or shelter care is 226
required. Reasonable oral or written notice of the time, place, 227
and purpose of the detention or shelter care hearing shall be 228
given to the child and, if they can be found, to the child's 229
parents, guardian, or custodian. In cases in which the complaint 230
alleges a child to be an abused, neglected, or dependent child, 231
the notice given the parents, guardian, or custodian shall inform 232
them that a case plan may be prepared for the child, the general 233
requirements usually contained in case plans, and the possible 234
consequences of the failure to comply with a journalized case
plan. 235
Prior to the hearing, the court shall inform the parties of 238
their right to counsel and to appointed counsel or to the 239
services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain 240
silent with respect to any allegation of delinquency, and of the 241
name and telephone number of a court employee who can be 242
contacted during the normal business hours of the court to 243
arrange for the prompt appointment of counsel for any party who 244
is indigent. Unless it appears from the hearing that the child's 245
detention or shelter care is required under the provisions of 246
section 2151.31 of the Revised Code, the court shall order the 247
child's release as provided by section 2151.311 of the Revised 248
Code. If a parent, guardian, or custodian has not been so 249
notified and did not appear or waive appearance at the hearing, 250
upon the filing of an affidavit stating these facts, the court 251
shall rehear the matter without unnecessary delay. 252
(B) When the court conducts a hearing pursuant to division 254
(A) of this section, both ALL of the following apply: 255
(1) The court shall determine whether an alleged abused, 257
neglected, or dependent child should remain or be placed in 258
shelter care; 259
(2) The court shall determine whether there are any 261
relatives of the child who are willing to be temporary custodians 263
7
of the child. If any relative is willing to be a temporary 264
custodian, the child would otherwise be placed or retained in 265
shelter care, and the appointment is appropriate, the court shall 266
appoint the relative as temporary custodian of the child, unless 267
the court appoints another relative as temporary custodian. If 268
it determines that the appointment of a relative as custodian 269
would not be appropriate, it shall issue a written opinion 270
setting forth the reasons for its determination and give a copy 271
of the opinion to all parties and to the guardian ad litem of the 272
child.
The court's consideration of a relative for appointment as 274
a temporary custodian does not make that relative a party to the 275
proceedings. 276
(3) THE COURT SHALL COMPLY WITH SECTION 2151.419 OF THE 278
REVISED CODE.
(C) If a child is in shelter care following the filing of 280
a complaint pursuant to section 2151.27 of the Revised Code or 281
following a hearing held pursuant to division (A) of this 282
section, any party, including the public children services 283
agency, and the guardian ad litem of the child may file a motion 285
with the court requesting that the child be released from shelter 286
care. The motion shall state the reasons why the child should be 287
released from shelter care and, if a hearing has been held 288
pursuant to division (A) of this section, any changes in the 289
situation of the child or the parents, guardian, or custodian of 290
the child that have occurred since that hearing and that justify 291
the release of the child from shelter care. Upon the filing of 292
the motion, the court shall hold a hearing in the same manner as 293
under division (A) of this section.
(D) Each juvenile court shall designate one court employee 295
to assist persons who are indigent in obtaining appointed 296
counsel. The court shall include in each notice given pursuant 297
to division (A) or (C) of this section and in each summons served 298
upon a party pursuant to this chapter, the name and telephone 299
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number at which the designated employee can be contacted during 300
the normal business hours of the court to arrange for prompt 301
appointment of counsel for indigent persons. 302
Sec. 2151.33. (A) Pending hearing of a complaint filed 311
under section 2151.27 of the Revised Code or a motion filed or 312
made under division (B) of this section and the service of 313
citations, the juvenile court may make any temporary disposition 314
of any child that it considers necessary to protect the best 315
interest of the child and that can be made pursuant to division 316
(B) of this section. Upon the certificate of one or more 317
reputable practicing physicians, the court may summarily provide 318
for emergency medical and surgical treatment that appears to be 319
immediately necessary to preserve the health and well-being of 320
any child concerning whom a complaint or an application for care 321
has been filed, pending the service of a citation upon the 322
child's parents, guardian, or custodian. The court may order the 323
parents, guardian, or custodian, if the court finds the parents, 324
guardian, or custodian able to do so, to reimburse the court for 325
the expense involved in providing the emergency medical or 326
surgical treatment. Any person who disobeys the order for 327
reimbursement may be adjudged in contempt of court and punished 328
accordingly. 329
If the emergency medical or surgical treatment is furnished 331
to a child who is found at the hearing to be a nonresident of the 332
county in which the court is located and if the expense of the 333
medical or surgical treatment cannot be recovered from the 334
parents, legal guardian, or custodian of the child, the board of 335
county commissioners of the county in which the child has a legal 336
settlement shall reimburse the court for the reasonable cost of 337
the emergency medical or surgical treatment out of its general 338
fund. 339
(B)(1) After a complaint, petition, writ, or other 341
document initiating a case dealing with an alleged or adjudicated 342
abused, neglected, or dependent child is filed and upon the 343
9
filing or making of a motion pursuant to division (C) of this 344
section, the court, prior to the final disposition of the case, 345
may issue any of the following temporary orders to protect the 346
best interest of the child: 347
(a) An order granting temporary custody of the child to a 349
particular party; 350
(b) An order for the taking of the child into custody 352
pursuant to section 2151.31 of the Revised Code pending the 353
outcome of the adjudicatory and dispositional hearings; 354
(c) An order granting, limiting, or eliminating visitation 356
rights with respect to the child; 357
(d) An order requiring a party to vacate a residence that 359
will be lawfully occupied by the child; 360
(e) An order requiring a party to attend an appropriate 362
counseling program that is reasonably available to that party; 363
(f) Any other order that restrains or otherwise controls 365
the conduct of any party which conduct would not be in the best 366
interest of the child. 367
(2) Prior to the final disposition of a case subject to 369
division (B)(1) of this section, the court shall do both of the 370
following:
(a) Issue an order pursuant to sections 3113.21 to 372
3113.219 of the Revised Code requiring the parents, guardian, or 373
person charged with the child's support to pay support for the 375
child.
(b) Issue an order requiring the parents, guardian, or 377
person charged with the child's support to continue to maintain 378
any health insurance coverage for the child that existed at the 379
time of the filing of the complaint, petition, writ, or other 380
document, or to obtain health insurance coverage in accordance 381
with section 3113.217 of the Revised Code. 383
(C)(1) A court may issue an order pursuant to division (B) 385
of this section upon its own motion or if a party files a written 387
motion or makes an oral motion requesting the issuance of the 388
10
order and stating the reasons for it. Any notice sent by the 389
court as a result of a motion pursuant to this division shall 390
contain a notice that any party to a juvenile proceeding has the 391
right to be represented by counsel and to have appointed counsel 393
if the person is indigent.
(2) If a child is taken into custody pursuant to section 395
2151.31 of the Revised Code and placed in shelter care, the 396
public children services agency or private child placing agency 397
with which the child is placed in shelter care shall file or make 398
a motion as described in division (C)(1) of this section before 399
the end of the next day immediately after the date on which the 401
child was taken into custody and, at a minimum, shall request an 402
order for temporary custody under division (B)(1)(a) of this 403
section.
(3) A COURT THAT ISSUES AN ORDER PURSUANT TO DIVISION 406
(B)(1)(b) OF THIS SECTION SHALL COMPLY WITH SECTION 2151.419 OF 407
THE REVISED CODE.
(D) The court may grant an ex parte order upon its own 410
motion or a motion filed or made pursuant to division (C) of this 411
section requesting such an order if it appears to the court that 413
the best interest and the welfare of the child require that the 414
court issue the order immediately. The court, if acting on its 415
own motion, or the person requesting the granting of an ex parte 416
order, to the extent possible, shall give notice of its intent or 417
of the request to the parents, guardian, or custodian of the 418
child who is the subject of the request. If the court issues an 419
ex parte order, the court shall hold a hearing to review the 420
order within seventy-two hours after it is issued or before the 421
end of the next day after the day on which it is issued, 422
whichever occurs first. The court shall give written notice of 423
the hearing to all parties to the action and shall appoint a 424
guardian ad litem for the child prior to the hearing. 425
The written notice shall be given by all means that are 427
reasonably likely to result in the party receiving actual notice 428
11
and shall include all of the following: 429
(1) The date, time, and location of the hearing; 431
(2) The issues to be addressed at the hearing; 433
(3) A statement that every party to the hearing has a 435
right to counsel and to court-appointed counsel, if the party is 436
indigent; 437
(4) The name, telephone number, and address of the person 439
requesting the order; 440
(5) A copy of the order, except when it is not possible to 442
obtain it because of the exigent circumstances in the case. 443
If the court does not grant an ex parte order pursuant to a 445
motion filed or made pursuant to division (C) of this section or 447
its own motion, the court shall hold a shelter care hearing on 448
the motion within ten days after the motion is filed. The court 449
shall give notice of the hearing to all affected parties in the 450
same manner as set forth in the Juvenile Rules.
(E) The court, pending the outcome of the adjudicatory and 452
dispositional hearings, shall not issue an order granting 453
temporary custody of a child to a public children services agency 454
or private child placing agency pursuant to this section, unless 455
the court determines and specifically states in the order that 456
the continued residence of the child in the child's current home 457
will be contrary to the child's best interest and welfare AND THE 458
COURT COMPLIES WITH SECTION 2151.419 OF THE REVISED CODE. 459
(F) Each public children services agency and private child 461
placing agency that receives temporary custody of a child 462
pursuant to this section shall maintain in the child's case 463
record written documentation that it has placed the child, to the 464
extent that it is consistent with the best interest, welfare, and 465
special needs of the child, in the most family-like setting 466
available and in close proximity to the home of the parents, 467
custodian, or guardian of the child. 468
(G) For good cause shown, any court order that is issued 470
pursuant to this section may be reviewed by the court at any time 471
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upon motion of any party to the action or upon the motion of the 472
court. 473
Sec. 2151.413. (A) A public children services agency or 482
private child placing agency that, pursuant to an order of 483
disposition under division (A)(2) of section 2151.353 of the 484
Revised Code or under any version of section 2151.353 of the 485
Revised Code that existed prior to January 1, 1989, is granted 486
temporary custody of a child who is not abandoned or orphaned may 487
file a motion in the court that made the disposition of the child 489
requesting permanent custody of the child. 490
(B) A public children services agency or private child 492
placing agency that, pursuant to an order of disposition under 493
division (A)(2) of section 2151.353 of the Revised Code or under 494
any version of section 2151.353 of the Revised Code that existed 495
prior to January 1, 1989, is granted temporary custody of a child 497
who is orphaned may file a motion in the court that made the 498
disposition of the child requesting permanent custody of the 499
child whenever it can show that no relative of the child is able 500
to take legal custody of the child. 501
(C) A public children services agency or private child 503
placing agency that, pursuant to an order of disposition under 504
division (A)(5) of section 2151.353 of the Revised Code, places a 505
child in a planned permanent living arrangement may file a motion 507
in the court that made the disposition of the child requesting 508
permanent custody of the child.
(D)(1) Except as provided in division (D)(3) of this 510
section, if a child has been in THE temporary custody OF ONE OR 512
MORE PUBLIC CHILDREN SERVICES AGENCIES OR PRIVATE CHILD PLACING 514
AGENCIES for twelve or more months of a consecutive twenty-two 516
month period ending on or after the effective date of this 517
amendment pursuant to an order of disposition that was issued 518
under division (A)(2) of section 2151.353 of the Revised Code or 520
pursuant to an order that extends temporary custody and was 521
issued prior to the effective date of this amendment under 523
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division (D) of section 2151.415 of the Revised Code MARCH 18, 525
1999, the public children services agency or private child 526
placing agency with custody shall file a motion requesting 528
permanent custody of the child. The motion shall be filed in the 530
court that issued the CURRENT order of disposition TEMPORARY 531
CUSTODY. FOR THE PURPOSES OF THIS DIVISION, A CHILD SHALL BE 532
CONSIDERED TO HAVE ENTERED THE TEMPORARY CUSTODY OF AN AGENCY ON
THE EARLIER OF THE DATE THE CHILD IS ADJUDICATED PURSUANT TO 533
SECTION 2151.28 OF THE REVISED CODE OR THE DATE THAT IS SIXTY 534
DAYS AFTER THE REMOVAL OF THE CHILD FROM HOME. 535
(2) Except as provided in division (D)(3) of this section, 538
if a court makes a determination pursuant to division (A)(2) of 540
section 2151.419 of the Revised Code, the public children 542
services agency or private child placing agency required to 543
develop the permanency plan for the child under division (K) of 545
section 2151.417 of the Revised Code shall file a motion in the 547
court that made the determination requesting permanent custody of 549
the child.
(3) An agency shall not file a motion for permanent 551
custody under division (D)(1) or (2) of this section if any of 552
the following apply:
(a) The agency documents in the case plan or permanency 555
plan a compelling reason that permanent custody is not in the
best interest of the child. 556
(b) If reasonable efforts to return the child to the 558
child's home are required under section 2151.419 of the Revised 559
Code. The, THE agency has not provided the services required by 562
the case plan to the parents of the child or the child to ensure 563
the safe return of the child to the child's home.
(c) The agency has been granted permanent custody of the 565
child.
(d) The child has been returned home pursuant to court 567
order in accordance with division (A)(3) of section 2151.419 of 568
the Revised Code.
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(E) Any agency that files a motion for permanent custody 571
under this section shall include in the case plan of the child 572
who is the subject of the motion, a specific plan of the agency's 573
actions to seek an adoptive family for the child and to prepare 574
the child for adoption. 575
(F) The department of human services may adopt rules 578
pursuant to Chapter 119. of the Revised Code that set forth the 580
time frames for case reviews and for filing a motion requesting 581
permanent custody under division (D)(1) of this section. 583
Sec. 2151.414. (A)(1) Upon the filing of a motion 592
pursuant to section 2151.413 of the Revised Code for permanent 593
custody of a child, the court shall schedule a hearing and give 595
notice of the filing of the motion and of the hearing, in 596
accordance with section 2151.29 of the Revised Code, to all 597
parties to the action and to the child's guardian ad litem. The 598
notice also shall contain a full explanation that the granting of 599
permanent custody permanently divests the parents of their 600
parental rights, a full explanation of their right to be 601
represented by counsel and to have counsel appointed pursuant to 602
Chapter 120. of the Revised Code if they are indigent, and the 603
name and telephone number of the court employee designated by the 604
court pursuant to section 2151.314 of the Revised Code to arrange 605
for the prompt appointment of counsel for indigent persons. 606
The court shall conduct a hearing in accordance with 609
section 2151.35 of the Revised Code to determine if it is in the 610
best interest of the child to permanently terminate parental 611
rights and grant permanent custody to the agency that filed the 612
motion. The adjudication that the child is an abused, neglected, 613
or dependent child and any dispositional order that has been 614
issued in the case under section 2151.353 of the Revised Code 615
pursuant to the adjudication shall not be readjudicated at the 617
hearing and shall not be affected by a denial of the motion for 619
permanent custody.
(2) The court shall hold the hearing scheduled pursuant to 622
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division (A)(1) of this section not later than one hundred twenty 623
days after the agency files the motion for permanent custody, 624
except that, for good cause shown, the court may continue the 625
hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an order 627
that grants, denies, or otherwise disposes of the motion for 628
permanent custody, and journalize the order, not later than two
hundred days after the agency files the motion. 629
If a motion is made under division (D)(2) of section 632
2151.413 of the Revised Code and no dispositional hearing has 635
been held in the case, the court may hear the motion in the 636
dispositional hearing required by division (B) of section 2151.35 638
of the Revised Code. If the court issues an order pursuant to 640
section 2151.353 of the Revised Code granting permanent custody 642
of the child to the agency, the court shall immediately dismiss 643
the motion made under division (D)(2) of section 2151.413 of the 646
Revised Code. 647
The failure of the court to comply with the time periods 649
set forth in division (A)(2) of this section does not affect the 651
authority of the court to issue any order under this chapter and 652
does not provide any basis for attacking the jurisdiction of the 653
court or the validity of any order of the court.
(B)(1) Except as provided in division (B)(2) of this 656
section, the court may grant permanent custody of a child to a 657
movant if the court determines at the hearing held pursuant to 658
division (A) of this section, by clear and convincing evidence, 659
that it is in the best interest of the child to grant permanent 660
custody of the child to the agency that filed the motion for 661
permanent custody and that any of the following apply: 662
(a) The child is not abandoned or orphaned or has not been 665
in the temporary custody of a ONE OR MORE public children 666
services agency AGENCIES or private child placing agency under 668
one or more separate orders of disposition issued under section 670
2151.353 or 2151.415 of the Revised Code AGENCIES for twelve or 671
16
more months of a consecutive twenty-two month period ending on or 675
after the effective date of this amendment MARCH 18, 1999, and 676
the child cannot be placed with either of the child's parents 678
within a reasonable time or should not be placed with the child's 679
parents. 680
(b) The child is abandoned. 682
(c) The child is orphaned, and there are no relatives of 685
the child who are able to take permanent custody. 686
(d) The child has been in the temporary custody of a ONE 688
OR MORE public children services agency AGENCIES or private child 690
placing agency under one or more separate orders of disposition 692
issued under section 2151.353 of the Revised Code AGENCIES for 693
twelve or more months of a consecutive twenty-two month period 695
ending on or after the effective date of this amendment MARCH 18, 696
1999.
FOR THE PURPOSES OF DIVISION (B)(1) OF THIS SECTION, A 698
CHILD SHALL BE CONSIDERED TO HAVE ENTERED THE TEMPORARY CUSTODY 699
OF AN AGENCY ON THE EARLIER OF THE DATE THE CHILD IS ADJUDICATED 700
PURSUANT TO SECTION 2151.28 OF THE REVISED CODE OR THE DATE THAT 701
IS SIXTY DAYS AFTER THE REMOVAL OF THE CHILD FROM HOME. 702
(2) With respect to a motion made pursuant to division 704
(D)(2) of section 2151.413 of the Revised Code, the court shall 707
grant permanent custody of the child to the movant if the court 708
determines in accordance with division (E) of this section that 710
the child cannot be placed with one of the child's parents within 711
a reasonable time or should not be placed with either parent and 712
determines in accordance with division (D) of this section that 714
permanent custody is in the child's best interest. 715
(C) In making the determinations required by this section 717
or division (A)(4) of section 2151.353 of the Revised Code, a 718
court shall not consider the effect the granting of permanent 719
custody to the agency would have upon any parent of the child. A 720
written report of the guardian ad litem of the child shall be 721
submitted to the court prior to or at the time of the hearing 722
17
held pursuant to division (A) of this section or section 2151.35 723
of the Revised Code but shall not be submitted under oath. 724
If the court grants permanent custody of a child to a 726
movant under this division, the court, upon the request of any 727
party, shall file a written opinion setting forth its findings of 728
fact and conclusions of law in relation to the proceeding. The 729
court shall not deny an agency's motion for permanent custody 730
solely because the agency failed to implement any particular 731
aspect of the child's case plan. 732
(D) In determining the best interest of a child at a 734
hearing held pursuant to division (A) of this section or for the 735
purposes of division (A)(4) or (5) of section 2151.353 or 736
division (C) of section 2151.415 of the Revised Code, the court 739
shall consider all relevant factors, including, but not limited 740
to, the following:
(1) The interaction and interrelationship of the child 742
with the child's parents, siblings, relatives, foster parents and 743
out-of-home providers, and any other person who may significantly 744
affect the child; 745
(2) The wishes of the child, as expressed directly by the 747
child or through the child's guardian ad litem, with due regard 749
for the maturity of the child;
(3) The custodial history of the child, including whether 751
the child has been in the temporary custody of a ONE OR MORE 752
public children services agency AGENCIES or private child placing 754
agency under one or more separate orders of disposition issued 756
under section 2151.353 or 2151.415 of the Revised Code AGENCIES 757
for twelve or more months of a consecutive twenty-two month 761
period ending on or after the effective date of this amendment 762
MARCH 18, 1999;
(4) The child's need for a legally secure permanent 764
placement and whether that type of placement can be achieved 765
without a grant of permanent custody to the agency; 766
(5) Whether any of the factors in divisions (E)(7) to 769
18
(12)(11) of this section apply in relation to the parents and 771
child.
FOR THE PURPOSES OF THIS DIVISION, A CHILD SHALL BE 773
CONSIDERED TO HAVE ENTERED THE TEMPORARY CUSTODY OF AN AGENCY ON 774
THE EARLIER OF THE DATE THE CHILD IS ADJUDICATED PURSUANT TO 775
SECTION 2151.28 OF THE REVISED CODE OR THE DATE THAT IS SIXTY 777
DAYS AFTER THE REMOVAL OF THE CHILD FROM HOME. 778
(E) In determining at a hearing held pursuant to division 780
(A) of this section or for the purposes of division (A)(4) of 781
section 2151.353 of the Revised Code whether a child cannot be 782
placed with either parent within a reasonable period of time or 784
should not be placed with the parents, the court shall consider 785
all relevant evidence. If the court determines, by clear and 787
convincing evidence, at a hearing held pursuant to division (A) 788
of this section or for the purposes of division (A)(4) of section 789
2151.353 of the Revised Code that one or more of the following 790
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 791
a reasonable time or should not be placed with either parent: 793
(1) Following the placement of the child outside the 795
child's home and notwithstanding reasonable case planning and 796
diligent efforts by the agency to assist the parents to remedy 797
the problems that initially caused the child to be placed outside 798
the home, the parent has failed continuously and repeatedly to 799
substantially remedy the conditions causing the child to be 800
placed outside the child's home. In determining whether the 801
parents have substantially remedied those conditions, the court 802
shall consider parental utilization of medical, psychiatric, 803
psychological, and other social and rehabilitative services and 804
material resources that were made available to the parents for 805
the purpose of changing parental conduct to allow them to resume 806
and maintain parental duties. 807
(2) Chronic mental illness, chronic emotional illness, 809
mental retardation, physical disability, or chemical dependency 810
19
of the parent that is so severe that it makes the parent unable 811
to provide an adequate permanent home for the child at the 812
present time and, as anticipated, within one year after the court 813
holds the hearing pursuant to division (A) of this section or for 814
the purposes of division (A)(4) of section 2151.353 of the 815
Revised Code;
(3) The parent committed any abuse as described in section 817
2151.031 of the Revised Code against the child, caused the child 818
to suffer any neglect as described in section 2151.03 of the 819
Revised Code, or allowed the child to suffer any neglect as 820
described in section 2151.03 of the Revised Code between the date 821
that the original complaint alleging abuse or neglect was filed 822
and the date of the filing of the motion for permanent custody; 823
(4) The parent has demonstrated a lack of commitment 825
toward the child by failing to regularly support, visit, or 826
communicate with the child when able to do so, or by other 827
actions showing an unwillingness to provide an adequate permanent 828
home for the child; 829
(5) The parent is incarcerated for an offense committed 831
against the child or a sibling of the child; 832
(6) The parent has been convicted of or pleaded guilty to 834
an offense under division (A) or (C) of section 2919.22 or under 836
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 837
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 839
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 840
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, 841
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the 842
Revised Code and the child or a sibling of the child was a victim 844
of the offense or the parent has been convicted of or pleaded 845
guilty to an offense under section 2903.04 of the Revised Code, a 846
sibling of the child was the victim of the offense, and the 847
parent who committed the offense poses an ongoing danger to the 849
child or a sibling of the child. 850
(7) The parent has been convicted of or pleaded guilty to 853
20
one of the following: 854
(a) An offense under section 2903.01, 2903.02, or 2903.03 857
of the Revised Code or under an existing or former law of this 859
state, any other state, or the United States that is 861
substantially equivalent to an offense described in those 862
sections and the victim of the offense was a sibling of the child 863
or the victim was another child who lived in the parent's 864
household at the time of the offense;
(b) An offense under section 2903.11, 2903.12, or 2903.13 867
of the Revised Code or under an existing or former law of this 869
state, any other state, or the United States that is 870
substantially equivalent to an offense described in those 871
sections and the victim of the offense is the child, a sibling of 872
the child, or another child who lived in the parent's household 873
at the time of the offense; 874
(c) An offense under division (B)(2) of section 2919.22 of 877
the Revised Code or under an existing or former law of this 879
state, any other state, or the United States that is 880
substantially equivalent to the offense described in that section 881
and the child, a sibling of the child, or another child who lived 882
in the parent's household at the time of the offense is the 884
victim of the offense;
(d) An offense under section 2907.02, 2907.03, 2907.04, 887
2907.05, or 2907.06 of the Revised Code or under an existing or 888
former law of this state, any other state, or the United States 890
that is substantially equivalent to an offense described in those 891
sections and the victim of the offense is the child, a sibling of 892
the child, or another child who lived in the parent's household 893
at the time of the offense; 894
(e) A conspiracy or attempt to commit, or complicity in 897
committing, an offense described in division (E)(7)(a) or (d) of 899
this section. 900
(8) The parent has repeatedly withheld medical treatment 903
or food from the child when the parent has the means to provide 904
21
the treatment or food, and, in the case of withheld medical 905
treatment, the parent withheld it for a purpose other than to 907
treat the physical or mental illness or defect of the child by 908
spiritual means through prayer alone in accordance with the 909
tenets of a recognized religious body. 910
(9) The parent has placed the child at substantial risk of 913
harm two or more times due to alcohol or drug abuse and has 914
rejected treatment two or more times or refused to participate in 915
further treatment two or more times after a case plan issued 916
pursuant to section 2151.412 of the Revised Code requiring
treatment of the parent was journalized as part of a 917
dispositional order issued with respect to the child or an order 918
was issued by any other court requiring treatment of the parent. 919
(10) The parent has abandoned the child. 922
(11) The parent has had parental rights INVOLUNTARILY 925
terminated pursuant to section 2151.353, 2151.414, or 2151.415 of 926
the Revised Code with respect to a sibling of the child. 927
(12) The parent is incarcerated at the time of the filing 929
of the motion for permanent custody or the dispositional hearing 930
of the child and will not be available to care for the child for 931
at least eighteen months after the filing of the motion for 932
permanent custody or the dispositional hearing. 933
(13) The parent is repeatedly incarcerated, and the 936
repeated incarceration prevents the parent from providing care 938
for the child. 939
(14) The parent for any reason is unwilling to provide 941
food, clothing, shelter, and other basic necessities for the 942
child or to prevent the child from suffering physical, emotional, 943
or sexual abuse or physical, emotional, or mental neglect. 944
(15) The parent has committed abuse as described in 946
section 2151.031 of the Revised Code against the child or caused 948
or allowed the child to suffer neglect as described in section
2151.03 of the Revised Code, and the court determines that the 949
seriousness, nature, or likelihood of recurrence of the abuse or 950
22
neglect makes the child's placement with the child's parent a 951
threat to the child's safety. 952
(16) Any other factor the court considers relevant. 954
(F) The parents of a child for whom the court has issued 956
an order granting permanent custody pursuant to this section, 957
upon the issuance of the order, cease to be parties to the 958
action. This division is not intended to eliminate or restrict 959
any right of the parents to appeal the granting of permanent 960
custody of their child to a movant pursuant to this section. 961
Sec. 2151.415. (A) Except for cases in which a motion for 971
permanent custody described in division (D)(1) of section 972
2151.413 of the Revised Code is required to be made, a public 974
children services agency or private child placing agency that has 975
been given temporary custody of a child pursuant to section 976
2151.353 of the Revised Code, not later than thirty days prior to 977
the earlier of the date for the termination of the custody order 978
pursuant to division (F) of section 2151.353 of the Revised Code 979
or the date set at the dispositional hearing for the hearing to 980
be held pursuant to this section, shall file a motion with the 981
court that issued the order of disposition requesting that any of 982
the following orders of disposition of the child be issued by the 983
court:
(1) An order that the child be returned home and the 986
custody of the child's parents, guardian, or custodian without 987
any restrictions; 988
(2) An order for protective supervision; 990
(3) An order that the child be placed in the legal custody 992
of a relative or other interested individual; 993
(4) An order permanently terminating the parental rights 995
of the child's parents; 996
(5) An order that the child be placed in a planned 998
permanent living arrangement; 999
(6) In accordance with division (D) of this section, an 1,001
order for the extension of temporary custody. 1,002
23
(B) Upon the filing of a motion pursuant to division (A) 1,004
of this section, the court shall hold a dispositional hearing on 1,005
the date set at the dispositional hearing held pursuant to 1,006
section 2151.35 of the Revised Code, with notice to all parties 1,007
to the action in accordance with the Juvenile Rules. After the 1,008
dispositional hearing or at a date after the dispositional 1,009
hearing that is not later than one year after the earlier of the 1,010
date on which the complaint in the case was filed or the child 1,011
was first placed into shelter care, the court, in accordance with 1,012
the best interest of the child as supported by the evidence 1,013
presented at the dispositional hearing, shall issue an order of 1,014
disposition as set forth in division (A) of this section, except 1,015
that all orders for permanent custody shall be made in accordance 1,016
with sections 2151.413 and 2151.414 of the Revised Code. In 1,017
issuing an order of disposition under this section, the court 1,018
shall comply with section 2151.42 of the Revised Code. 1,019
(C)(1) If an agency pursuant to division (A) of this 1,021
section requests the court to place a child into a planned 1,022
permanent living arrangement, the agency shall present evidence 1,024
to indicate why a planned permanent living arrangement is 1,025
appropriate for the child, including, but not limited to, 1,027
evidence that the agency has tried or considered all other 1,028
possible dispositions for the child. A court shall not place a 1,029
child in a planned permanent living arrangement, unless it finds, 1,030
by clear and convincing evidence, that a planned permanent living 1,032
arrangement is in the best interest of the child and that one of 1,033
the following exists:
(a) The child, because of physical, mental, or 1,035
psychological problems or needs, is unable to function in a 1,036
family-like setting and must remain in residential or 1,037
institutional care. 1,038
(b) The parents of the child have significant physical, 1,040
mental, or psychological problems and are unable to care for the 1,041
child because of those problems, adoption is not in the best 1,042
24
interest of the child, as determined in accordance with division 1,043
(D) of section 2151.414 of the Revised Code, and the child 1,044
retains a significant and positive relationship with a parent or 1,045
relative; 1,046
(c) The child is sixteen years of age or older, has been 1,048
counseled on the permanent placement options available, is 1,049
unwilling to accept or unable to adapt to a permanent placement, 1,050
and is in an agency program preparing for independent living. 1,051
(2) If the court issues an order placing a child in 1,053
long-term foster care A PLANNED PERMANENT LIVING ARRANGEMENT, 1,054
both of the following apply: 1,055
(a) The court shall issue a finding of fact setting forth 1,057
the reasons for its finding; 1,058
(b) The agency may make any appropriate placement for the 1,060
child and shall develop a case plan for the child that is 1,061
designed to assist the child in finding a permanent home outside 1,062
of the home of the parents. 1,063
(D)(1) If an agency pursuant to division (A) of this 1,065
section requests the court to grant an extension of temporary 1,066
custody for a period of up to six months, the agency shall 1,067
include in the motion an explanation of the progress on the case 1,068
plan of the child and of its expectations of reunifying the child 1,069
with the child's family, or placing the child in a permanent 1,070
placement, within the extension period. The court shall schedule 1,072
a hearing on the motion, give notice of its date, time, and 1,073
location to all parties and the guardian ad litem of the child, 1,074
and at the hearing consider the evidence presented by the parties 1,075
and the guardian ad litem. The court may extend the temporary 1,076
custody order of the child for a period of up to six months, if 1,077
it determines at the hearing, by clear and convincing evidence, 1,078
that the extension is in the best interest of the child, there 1,079
has been significant progress on the case plan of the child, and 1,080
there is reasonable cause to believe that the child will be 1,081
reunified with one of the parents or otherwise permanently placed 1,083
25
within the period of extension. In determining whether to extend 1,084
the temporary custody of the child pursuant to this division, the 1,085
court shall comply with section 2151.42 of the Revised Code. If 1,086
the court extends the temporary custody of the child pursuant to 1,087
this division, upon request it shall issue findings of fact. 1,088
(2) Prior to the end of the extension granted pursuant to 1,090
division (D)(1) of this section, the agency that received the 1,091
extension shall file a motion with the court requesting the 1,092
issuance of one of the orders of disposition set forth in 1,093
divisions (A)(1) to (5) of this section or requesting the court 1,094
to extend the temporary custody order of the child for an 1,095
additional period of up to six months. If the agency requests 1,096
the issuance of an order of disposition under divisions (A)(1) to 1,097
(5) of this section or does not file any motion prior to the 1,098
expiration of the extension period, the court shall conduct a 1,099
hearing in accordance with division (B) of this section and issue 1,100
an appropriate order of disposition. In issuing an order of 1,101
disposition, the court shall comply with section 2151.42 of the 1,102
Revised Code.
If the agency requests an additional extension of up to six 1,104
months of the temporary custody order of the child, the court 1,105
shall schedule and conduct a hearing in the manner set forth in 1,106
division (D)(1) of this section. The court may extend the 1,107
temporary custody order of the child for an additional period of 1,108
up to six months if it determines at the hearing, by clear and 1,109
convincing evidence, that the additional extension is in the best 1,110
interest of the child, there has been substantial additional 1,111
progress since the original extension of temporary custody in the 1,112
case plan of the child, there has been substantial additional 1,113
progress since the original extension of temporary custody toward 1,114
reunifying the child with one of the parents or otherwise 1,115
permanently placing the child, and there is reasonable cause to 1,116
believe that the child will be reunified with one of the parents 1,118
or otherwise placed in a permanent setting before the expiration 1,119
26
of the additional extension period. In determining whether to 1,120
grant an additional extension, the court shall comply with 1,121
section 2151.42 of the Revised Code. If the court extends the 1,122
temporary custody of the child for an additional period pursuant 1,123
to this division, upon request it shall issue findings of fact. 1,124
(3) Prior to the end of the extension of a temporary 1,126
custody order granted pursuant to division (D)(2) of this 1,127
section, the agency that received the extension shall file a 1,128
motion with the court requesting the issuance of one of the 1,129
orders of disposition set forth in divisions (A)(1) to (5) of 1,130
this section. Upon the filing of the motion by the agency or, if 1,131
the agency does not file the motion prior to the expiration of 1,132
the extension period, upon its own motion, the court, prior to 1,133
the expiration of the extension period, shall conduct a hearing 1,134
in accordance with division (B) of this section and issue an 1,135
appropriate order of disposition. In issuing an order of 1,136
disposition, the court shall comply with section 2151.42 of the 1,137
Revised Code.
(4) No court shall grant an agency more than two 1,139
extensions of temporary custody pursuant to division (D) of this 1,140
section. 1,141
(E) After the issuance of an order pursuant to division 1,143
(B) of this section, the court shall retain jurisdiction over the 1,144
child until the child attains the age of eighteen if the child is 1,145
not mentally retarded, developmentally disabled, or physically 1,147
impaired, the child attains the age of twenty-one if the child is 1,149
mentally retarded, developmentally disabled, or physically 1,150
impaired, or the child is adopted and a final decree of adoption 1,151
is issued, unless the court's jurisdiction over the child is 1,152
extended pursuant to division (E) of section 2151.353 of the 1,153
Revised Code.
(F) The court, on its own motion or the motion of the 1,155
agency or person with legal custody of the child, the child's 1,156
guardian ad litem, or any other party to the action, may conduct 1,157
27
a hearing with notice to all parties to determine whether any 1,158
order issued pursuant to this section should be modified or 1,159
terminated or whether any other dispositional order set forth in 1,160
divisions (A)(1) to (5) of this section should be issued. After 1,161
the hearing and consideration of all the evidence presented, the 1,162
court, in accordance with the best interest of the child, may 1,163
modify or terminate any order issued pursuant to this section or 1,164
issue any dispositional order set forth in divisions (A)(1) to 1,165
(5) of this section. In rendering a decision under this 1,166
division, the court shall comply with section 2151.42 of the 1,167
Revised Code.
(G) If the court places a child in a planned permanent 1,170
living arrangement with a public children services agency or a 1,171
private child placing agency pursuant to this section, the agency 1,172
with which the child is placed in a planned permanent living 1,173
arrangement shall not remove the child from the residential 1,175
placement in which the child is originally placed pursuant to the 1,176
case plan for the child or in which the child is placed with 1,177
court approval pursuant to this division, unless the court and 1,178
the guardian ad litem are given notice of the intended removal 1,179
and the court issues an order approving the removal or unless the 1,180
removal is necessary to protect the child from physical or 1,181
emotional harm and the agency gives the court notice of the 1,182
removal and of the reasons why the removal is necessary to 1,183
protect the child from physical or emotional harm immediately 1,184
after the removal of the child from the prior setting. 1,185
(H) If the hearing held under this section takes the place 1,187
of an administrative review that otherwise would have been held 1,188
under section 2151.416 of the Revised Code, the court at the 1,189
hearing held under this section shall do all of the following in 1,190
addition to any other requirements of this section: 1,191
(1) Determine the continued necessity for and the 1,193
appropriateness of the child's placement; 1,194
(2) Determine the extent of compliance with the child's 1,196
28
case plan; 1,197
(3) Determine the extent of progress that has been made 1,199
toward alleviating or mitigating the causes necessitating the 1,200
child's placement in foster care; 1,201
(4) Project a likely date by which the child may be 1,203
returned to the child's home or placed for adoption or legal 1,204
guardianship; 1,205
(5) Approve the permanency plan for the child consistent 1,208
with section 2151.417 of the Revised Code.
Sec. 2151.419. (A)(1) Except as provided in division 1,218
(A)(2) of this section, at any hearing held pursuant to section 1,220
2151.28, DIVISION (E) OF SECTION 2151.31, OR SECTION 2151.314, 1,221
2151.33, or 2151.353 of the Revised Code at which the court 1,223
removes a child from the child's home or continues the removal of 1,224
a child from the child's home, the court shall determine whether 1,226
the public children services agency or private child placing 1,227
agency that filed the complaint in the case, REMOVED THE CHILD 1,228
FROM HOME, has custody of the child, or will be given custody of 1,229
the child has made reasonable efforts to prevent the removal of 1,230
the child from the child's home, to eliminate the continued 1,231
removal of the child from the child's home, or to make it 1,233
possible for the child to return safely home. The agency shall 1,235
have the burden of proving that it has made those reasonable 1,236
efforts. IF THE AGENCY REMOVED THE CHILD FROM HOME DURING AN 1,237
EMERGENCY IN WHICH THE CHILD COULD NOT SAFELY REMAIN AT HOME AND
THE AGENCY DID NOT HAVE PRIOR CONTACT WITH THE CHILD, THE COURT 1,238
IS NOT PROHIBITED, SOLELY BECAUSE THE AGENCY DID NOT MAKE 1,239
REASONABLE EFFORTS DURING THE EMERGENCY TO PREVENT THE REMOVAL OF 1,240
THE CHILD, FROM DETERMINING THAT THE AGENCY MADE THOSE REASONABLE 1,241
EFFORTS. In determining whether reasonable efforts were made, 1,242
the child's health and safety shall be paramount.
(2) If any of the following apply, the court shall make a 1,245
determination that the agency is not required to make reasonable 1,246
efforts to prevent the removal of the child from the child's 1,247
29
home, eliminate the continued removal of the child from the 1,248
child's home, and return the child to the child's home: 1,249
(a) The parent from whom the child was removed has been 1,252
convicted of or pleaded guilty to one of the following: 1,253
(i) An offense under section 2903.01, 2903.02, or 2903.03 1,256
of the Revised Code or under an existing or former law of this 1,258
state, any other state, or the United States that is 1,260
substantially equivalent to an offense described in those 1,261
sections and the victim of the offense was a sibling of the child 1,262
or the victim was another child who lived in the parent's 1,263
household at the time of the offense;
(ii) An offense under section 2903.11, 2903.12, or 2903.13 1,266
of the Revised Code or under an existing or former law of this 1,268
state, any other state, or the United States that is 1,269
substantially equivalent to an offense described in those 1,270
sections and the victim of the offense is the child, a sibling of 1,271
the child, or another child who lived in the parent's household 1,272
at the time of the offense; 1,273
(iii) An offense under division (B)(2) of section 2919.22 1,276
of the Revised Code or under an existing or former law of this 1,278
state, any other state, or the United States that is 1,279
substantially equivalent to the offense described in that section 1,280
and the child, a sibling of the child, or another child who lived 1,281
in the parent's household at the time of the offense is the 1,283
victim of the offense;
(iv) An offense under section 2907.02, 2907.03, 2907.04, 1,286
2907.05, or 2907.06 of the Revised Code or under an existing or 1,287
former law of this state, any other state, or the United States 1,289
that is substantially equivalent to an offense described in those 1,290
sections and the victim of the offense is the child, a sibling of 1,291
the child, or another child who lived in the parent's household 1,292
at the time of the offense; 1,293
(v) A conspiracy or attempt to commit, or complicity in 1,296
committing, an offense described in division (A)(2)(a)(i) or (iv) 1,297
30
of this section. 1,299
(b) The parent from whom the child was removed has 1,301
repeatedly withheld medical treatment or food from the child when 1,303
the parent has the means to provide the treatment or food. If 1,304
the parent has withheld medical treatment in order to treat the 1,305
physical or mental illness or defect of the child by spiritual 1,306
means through prayer alone, in accordance with the tenets of a 1,307
recognized religious body, the court or agency shall comply with 1,308
the requirements of division (A)(1) of this section. 1,309
(c) The parent from whom the child was removed has placed 1,312
the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more 1,313
times or refused to participate in further treatment two or more 1,314
times after a case plan issued pursuant to section 2151.412 of 1,315
the Revised Code requiring treatment of the parent was 1,316
journalized as part of a dispositional order issued with respect 1,317
to the child or an order was issued by any other court requiring
such treatment of the parent. 1,318
(d) The parent from whom the child was removed has 1,320
abandoned the child. 1,321
(e) The parent from whom the child was removed has had 1,323
parental rights INVOLUNTARILY terminated pursuant to section 1,324
2151.353, 2151.414, or 2151.415 of the Revised Code with respect 1,326
to a sibling of the child.
(3) At any hearing in which the court determines whether 1,328
to return a child to the child's home, the court may issue an 1,329
order that returns the child in situations in which the 1,330
conditions described in divisions (A)(2)(a) to (e) of this 1,332
section are present. 1,333
(B)(1) A court that is required to make a determination as 1,336
described in division (A)(1) or (2) of this section shall issue 1,337
written findings of fact setting forth the reasons supporting its 1,338
determination. If the court makes a written determination under 1,339
division (A)(1) of this section, it shall briefly describe in the 1,341
31
findings of fact the relevant services provided by the agency to 1,342
the family of the child and why those services did not prevent 1,343
the removal of the child from the child's home or enable the 1,344
child to return safely home. 1,345
(2) If a court issues an order that returns the child to 1,347
the child's home in situations in which division (A)(2)(a), (b), 1,349
(c), (d), or (e) of this section applies, the court shall issue 1,350
written findings of fact setting forth the reasons supporting its 1,352
determination. 1,353
(C) If the court makes a determination pursuant to 1,355
division (A)(2) of this section, the court shall conduct a review 1,356
hearing pursuant to section 2151.417 of the Revised Code to 1,357
approve a permanency plan with respect to the child, unless the 1,359
court issues an order returning the child home pursuant to 1,360
division (A)(3) of this section. The hearing to approve the 1,362
permanency plan may be held immediately following the court's 1,363
determination pursuant to division (A)(2) of this section and 1,364
shall be held no later than thirty days following that 1,365
determination. 1,366
Sec. 2151.42. (A) At any hearing in which a court is 1,376
asked to modify or terminate an order of disposition issued under
section 2151.353, 2151.415, or 2151.417 of the Revised Code, the 1,379
court, in determining whether to return the child to the child's 1,380
parents, shall consider whether it is in the best interest of the 1,381
child. If the order of disposition that is the subject of a 1,382
hearing under this section involves a previous award of legal 1,383
custody under division (A)(3) of section 2151.353 of the Revised 1,384
Code and is governed by division (E) of section 3109.04 of the 1,386
Revised Code, the court shall comply with the requirements of 1,387
division (E) of section 3109.04 of the Revised Code in its 1,388
modification or termination of the order of disposition. 1,389
(B) Additionally, an AN order of disposition issued under 1,391
division (A)(3) of section 2151.353, division (A)(3) of section 1,394
2151.415, or section 2151.417 of the Revised Code granting legal 1,398
32
custody of a child to a person is intended to be permanent in 1,399
nature. A court shall not modify or terminate an order issued
under either of those divisions or that section granting legal 1,401
custody of a child to a person unless it finds, based on facts 1,404
that have arisen since the order was issued or that were unknown 1,405
to the court at that time, that a change has occurred in the 1,407
circumstances of the child, the child's parents, or the person 1,408
WHO WAS GRANTED LEGAL CUSTODY, and that modification or
termination of the order is necessary to serve the best interest 1,410
of the child.
Sec. 3107.07. Consent to adoption is not required of any 1,419
of the following: 1,420
(A) A parent of a minor, when it is alleged in the 1,422
adoption petition and the court finds after proper service of 1,423
notice and hearing, that the parent has failed without 1,424
justifiable cause to communicate with the minor or to provide for 1,425
the maintenance and support of the minor as required by law or 1,426
judicial decree for a period of at least one year immediately 1,427
preceding either the filing of the adoption petition or the 1,428
placement of the minor in the home of the petitioner. 1,429
(B) The putative father of a minor if either of the 1,431
following applies: 1,432
(1) The putative father fails to register as the minor's 1,435
putative father with the putative father registry established
under section 3107.062 of the Revised Code not later than thirty 1,436
days after the minor's birth; 1,437
(2) The court finds, after proper service of notice and 1,439
hearing, that any of the following are the case: 1,440
(a) The putative father is not the father of the minor; 1,442
(b) The putative father has willfully abandoned or failed 1,445
to care for and support the minor;
(c) The putative father has willfully abandoned the mother 1,447
of the minor during her pregnancy and up to the time of her 1,448
surrender of the minor, or the minor's placement in the home of 1,449
33
the petitioner, whichever occurs first. 1,450
(C) Except as provided in section 3107.071 of the Revised 1,452
Code, a parent who has entered into a voluntary permanent custody 1,453
surrender agreement under division (B) of section 5103.15 of the 1,454
Revised Code;
(D) A parent whose parental rights have been terminated by 1,456
order of a juvenile court under Chapter 2151. of the Revised 1,457
Code;
(E) A parent who is married to the petitioner and supports 1,459
the adoption;
(F) The father, or putative father, of a minor if the 1,462
minor is conceived as the result of the commission of rape by the 1,463
father or putative father and the father or putative father is
convicted of or pleads guilty to the commission of that offense. 1,464
As used in this division, "rape" means a violation of section 1,465
2907.02 of the Revised Code or a similar law of another state. 1,467
(G) A legal guardian or guardian ad litem of a parent 1,469
judicially declared incompetent in a separate court proceeding 1,470
who has failed to respond in writing to a request for consent, 1,471
for a period of thirty days, or who, after examination of the 1,472
written reasons for withholding consent, is found by the court to 1,473
be withholding consent unreasonably; 1,474
(H) Any legal guardian or lawful custodian of the person 1,476
to be adopted, other than a parent, who has failed to respond in 1,477
writing to a request for consent, for a period of thirty days, or 1,478
who, after examination of the written reasons for withholding 1,479
consent, is found by the court to be withholding consent 1,480
unreasonably; 1,481
(I) The spouse of the person to be adopted, if the failure 1,483
of the spouse to consent to the adoption is found by the court to 1,484
be by reason of prolonged unexplained absence, unavailability, 1,485
incapacity, or circumstances that make it impossible or 1,486
unreasonably difficult to obtain the consent or refusal of the 1,487
spouse; 1,488
34
(J) Any parent, legal guardian, or other lawful custodian 1,490
in a foreign country, if the person to be adopted has been 1,491
released for adoption pursuant to the laws of the country in 1,492
which the person resides and the release of such person is in a 1,493
form that satisfies the requirements of the immigration and 1,494
naturalization service of the United States department of justice 1,495
for purposes of immigration to the United States pursuant to 1,496
section 101(b)(1)(F) of the "Immigration and Nationality Act," 75 1,498
Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or
reenacted. 1,499
(K) Except as provided in divisions (G) and (H) of this 1,502
section, a juvenile court, agency, or person given notice of the 1,503
petition pursuant to division (A)(2)(1) of section 3107.11 of the 1,504
Revised Code that fails to file an objection to the petition 1,506
within fourteen days after proof is filed pursuant to division 1,507
(B) of that section that the notice was given; 1,508
(L) Any guardian, custodian, or other party who has 1,510
temporary custody of the child. 1,511
Sec. 3107.11. (A) After the filing of a petition to adopt 1,520
an adult or a minor, the court shall fix a time and place for 1,521
hearing the petition. The hearing may take place at any time 1,522
more than thirty days after the date on which the minor is placed 1,523
in the home of the petitioner. At least twenty days before the 1,524
date of hearing, notice of the filing of the petition and of the 1,525
time and place of hearing shall be given by the court to all of 1,526
the following: 1,527
(1) The department of human services; 1,529
(2) Any juvenile court, agency, or person whose consent to 1,531
the adoption is required by this chapter but who has not 1,532
consented;
(3)(2) A person whose consent is not required as provided 1,534
by division (A), (G), (H), or (I) of section 3107.07 of the 1,537
Revised Code and has not consented;
(4)(3) Any guardian, custodian, or other party who has 1,539
35
temporary custody or permanent custody of the child. 1,541
The notice to the department of human services shall be 1,543
accompanied by a copy of the petition. Notice shall not be given 1,544
to a person whose consent is not required as provided by division 1,545
(B), (C), (D), (E), (F), or (J) of section 3107.07, or section 1,547
3107.071, of the Revised Code. Second notice shall not be given 1,548
to a juvenile court, agency, or person whose consent is not 1,549
required as provided by division (K) of section 3107.07 of the 1,550
Revised Code because the court, agency, or person failed to file 1,551
an objection to the petition within fourteen days after proof was 1,552
filed pursuant to division (B) of this section that a first 1,553
notice was given to the court, agency, or person pursuant to 1,554
division (A)(2)(1) of this section. 1,555
(B) All notices required under this section shall be given 1,557
as specified in the Rules of Civil Procedure. Proof of the 1,558
giving of notice shall be filed with the court before the 1,559
petition is heard. 1,560
Sec. 3107.19. Within thirty days after an adoption decree 1,569
becomes final, the court shall forward a copy of the decree to 1,571
the department of human services of this state for statistical 1,573
purposes. If the adopted person was born in this state or
outside the United States, the court shall forward all of the 1,574
following to the department of health at the time of forwarding 1,575
the decree to the department of human services WITHIN THIRTY DAYS 1,577
AFTER AN ADOPTION DECREE BECOMES FINAL: 1,578
(A) A copy of the adopted person's certificate of 1,580
adoption;
(B) The form prescribed under division (A)(1) of section 1,582
3107.083 of the Revised Code, if a parent filled out and signed 1,583
the form pursuant to section 3107.071, 3107.081, or 5103.151 of 1,584
the Revised Code;
(C) A statement of whether the adopted person is an 1,586
adopted person as defined in section 3107.39 or 3107.45 of the 1,587
Revised Code.
36
If the adopted person was born in another state of the 1,590
United States, the court shall forward a copy of the adopted 1,591
person's certificate of adoption to that state's vital statistics 1,592
office at the time of forwarding the adoption decree to the 1,593
department of human services WITHIN THIRTY DAYS AFTER AN ADOPTION 1,594
DECREE BECOMES FINAL. 1,595
Sec. 5104.01. As used in this chapter: 1,604
(A) "Administrator" means the person responsible for the 1,606
daily operation of a center or type A home. The administrator 1,607
and the owner may be the same person. 1,608
(B) "Approved child day camp" means a child day camp 1,610
approved pursuant to section 5104.22 of the Revised Code. 1,611
(C) "Authorized provider" means a person authorized by a 1,613
county director of human services to operate a certified type B 1,614
family day-care home. 1,615
(D) "BORDER STATE CHILD DAY-CARE PROVIDER" MEANS A CHILD 1,617
DAY-CARE PROVIDER THAT IS LOCATED IN A STATE BORDERING OHIO AND 1,619
THAT IS LICENSED, CERTIFIED, OR OTHERWISE APPROVED BY THAT STATE 1,621
TO PROVIDE CHILD DAY-CARE.
(E) "Caretaker parent" means the father or mother of a 1,623
child whose presence in the home is needed as the caretaker of 1,624
the child, a person who has legal custody of a child and whose 1,625
presence in the home is needed as the caretaker of the child, a 1,626
guardian of a child whose presence in the home is needed as the 1,627
caretaker of the child, and any other person who stands in loco 1,628
parentis with respect to the child and whose presence in the home 1,629
is needed as the caretaker of the child. 1,630
(E)(F) "Certified type B family day-care home" and 1,632
"certified type B home" mean a type B family day-care home that 1,634
is certified by the director of the county department of human
services pursuant to section 5104.11 of the Revised Code to 1,635
receive public funds for providing child day-care pursuant to 1,636
this chapter and any rules adopted under it. 1,637
(F)(G) "Chartered nonpublic school" means a school that 1,639
37
meets standards for nonpublic schools prescribed by the state 1,640
board of education for nonpublic schools pursuant to section 1,641
3301.07 of the Revised Code. 1,642
(G)(H) "Child" includes an infant, toddler, preschool 1,644
child, or school child. 1,645
(H)(I) "Child care block grant act" means the "Child Care 1,648
and Development Block Grant Act of 1990," established in section 1,649
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 1,650
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 1,653
(I)(J) "Child day camp" means a program in which only 1,655
school children attend or participate, that operates for no more 1,656
than seven hours per day, that operates only during one or more 1,657
public school district's regular vacation periods or for no more 1,658
than fifteen weeks during the summer, and that operates outdoor 1,659
activities for each child who attends or participates in the 1,660
program for a minimum of fifty per cent of each day that children 1,661
attend or participate in the program, except for any day when 1,662
hazardous weather conditions prevent the program from operating 1,663
outdoor activities for a minimum of fifty per cent of that day. 1,664
For purposes of this division, the maximum seven hours of 1,665
operation time does not include transportation time from a 1,666
child's home to a child day camp and from a child day camp to a 1,667
child's home. 1,668
(J)(K) "Child day-care" means administering to the needs 1,670
of infants, toddlers, preschool children, and school children 1,672
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 1,673
adoption for any part of the twenty-four-hour day in a place or 1,674
residence other than a child's own home. 1,675
(K)(L) "Child day-care center" and "center" mean any place 1,677
in which child day-care or publicly funded child day-care is 1,678
provided for thirteen or more children at one time or any place 1,679
that is not the permanent residence of the licensee or 1,680
administrator in which child day-care or publicly funded child 1,681
38
day-care is provided for seven to twelve children at one time. 1,682
In counting children for the purposes of this division, any 1,683
children under six years of age who are related to a licensee, 1,684
administrator, or employee and who are on the premises of the 1,685
center shall be counted. "Child day-care center" and "center" do 1,686
not include any of the following: 1,687
(1) A place located in and operated by a hospital, as 1,689
defined in section 3727.01 of the Revised Code, in which the 1,690
needs of children are administered to, if all the children whose 1,691
needs are being administered to are monitored under the on-site 1,692
supervision of a physician licensed under Chapter 4731. of the 1,693
Revised Code or a registered nurse licensed under Chapter 4723. 1,694
of the Revised Code, and the services are provided only for 1,695
children who, in the opinion of the child's parent, guardian, or 1,696
custodian, are exhibiting symptoms of a communicable disease or 1,697
other illness or are injured; 1,698
(2) A child day camp; 1,700
(3) A place that provides child day-care, but not publicly 1,703
funded child day-care, if all of the following apply: 1,704
(a) An organized religious body provides the child 1,707
day-care;
(b) A parent, custodian, or guardian of at least one child 1,710
receiving child day-care is on the premises and readily 1,711
accessible at all times;
(c) The child day-care is not provided for more than 1,713
thirty days a year; 1,714
(d) The child day-care is provided only for preschool and 1,716
school children. 1,717
(L)(M) "Child day-care resource and referral service 1,719
organization" means a community-based nonprofit organization that 1,721
provides child day-care resource and referral services but not 1,722
child day-care.
(M)(N) "Child day-care resource and referral services" 1,724
means all of the following services: 1,725
39
(1) Maintenance of a uniform data base of all child 1,727
day-care providers in the community that are in compliance with 1,728
this chapter, including current occupancy and vacancy data; 1,729
(2) Provision of individualized consumer education to 1,731
families seeking child day-care; 1,732
(3) Provision of timely referrals of available child 1,734
day-care providers to families seeking child day-care; 1,735
(4) Recruitment of child day-care providers; 1,737
(5) Assistance in the development, conduct, and 1,739
dissemination of training for child day-care providers and 1,741
provision of technical assistance to current and potential child 1,742
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 1,744
demand for child day-care in the community; 1,745
(7) Technical assistance concerning locally, state, and 1,747
federally funded child day-care and early childhood education 1,748
programs;
(8) Stimulation of employer involvement in making child 1,750
day-care more affordable, more available, safer, and of higher 1,751
quality for their employees and for the community; 1,752
(9) Provision of written educational materials to 1,754
caretaker parents and informational resources to child day-care 1,755
providers; 1,756
(10) Coordination of services among child day-care 1,758
resource and referral service organizations to assist in 1,759
developing and maintaining a statewide system of child day-care 1,760
resource and referral services if required by the department of 1,761
human services;
(11) Cooperation with the county department of human 1,763
services in encouraging the establishment of parent cooperative 1,764
child day-care centers and parent cooperative type A family 1,766
day-care homes.
(N)(O) "Child-care staff member" means an employee of a 1,768
child day-care center or type A family day-care home who is 1,769
40
primarily responsible for the care and supervision of children. 1,770
The administrator may be a part-time child-care staff member when 1,771
not involved in other duties. 1,772
(O)(P) "Drop-in child day-care center," "drop-in center," 1,774
"drop-in type A family day-care home," and "drop-in type A home" 1,776
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 1,777
irregular basis. 1,778
(P)(Q) "Employee" means a person who either: 1,780
(1) Receives compensation for duties performed in a child 1,782
day-care center or type A family day-care home; 1,783
(2) Is assigned specific working hours or duties in a 1,785
child day-care center or type A family day-care home. 1,786
(Q)(R) "Employer" means a person, firm, institution, 1,788
organization, or agency that operates a child day-care center or 1,789
type A family day-care home subject to licensure under this 1,790
chapter.
(R)(S) "Federal poverty line" means the official poverty 1,792
guideline as revised annually in accordance with section 673(2) 1,793
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 1,795
42 U.S.C. 9902, as amended, for a family size equal to the size 1,798
of the family of the person whose income is being determined. 1,799
(S)(T) "Head start program" means a comprehensive child 1,801
development program that receives funds distributed under the 1,802
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 1,805
amended, or under section 3301.31 of the Revised Code. 1,806
(T)(U) "Income" means gross income, as defined in section 1,808
5107.10 of the Revised Code, less any amounts required by federal 1,810
statutes or regulations to be disregarded. 1,812
(U)(V) "Indicator checklist" means an inspection tool, 1,814
used in (U) "Indicator checklist" means an inspection tool, used 1,815
in conjunction with an instrument-based program monitoring 1,816
information system, that contains selected licensing requirements 1,817
that are statistically reliable indicators or predictors of a 1,818
41
child day-care center or type A family day-care home's compliance 1,819
with licensing requirements.
(V)(W) "Infant" means a child who is less than eighteen 1,822
months of age.
(W)(X) "In-home aide" means a person certified by a county 1,824
director of human services pursuant to section 5104.12 of the 1,825
Revised Code to provide publicly funded child day-care to a child 1,826
in a child's own home pursuant to this chapter and any rules 1,827
adopted under it. 1,828
(X)(Y) "Instrument-based program monitoring information 1,830
system" means a method to assess compliance with licensing 1,832
requirements for child day-care centers and type A family 1,833
day-care homes in which each licensing requirement is assigned a 1,834
weight indicative of the relative importance of the requirement 1,835
to the health, growth, and safety of the children that is used to 1,836
develop an indicator checklist.
(Y)(Z) "License capacity" means the maximum number in each 1,838
age category of children who may be cared for in a child day-care 1,839
center or type A family day-care home at one time as determined 1,840
by the director of human services considering building occupancy 1,841
limits established by the department of commerce, number of 1,842
available child-care staff members, amount of available indoor 1,843
floor space and outdoor play space, and amount of available play 1,844
equipment, materials, and supplies.
(Z)(AA) "Licensed preschool program" or "licensed school 1,846
child program" means a preschool program or school child program, 1,847
as defined in section 3301.52 of the Revised Code, that is 1,848
licensed by the department of education pursuant to sections 1,849
3301.52 to 3301.59 of the Revised Code. 1,850
(AA)(BB) "Licensee" means the owner of a child day-care 1,852
center or type A family day-care home that is licensed pursuant 1,854
to this chapter and who is responsible for ensuring its 1,855
compliance with this chapter and rules adopted pursuant to this 1,856
chapter.
42
(BB)(CC) "Operate a child day camp" means to operate, 1,858
establish, manage, conduct, or maintain a child day camp. 1,859
(CC)(DD) "Owner" includes a person, as defined in section 1,861
1.59 of the Revised Code, or government entity. 1,862
(DD)(EE) "Parent cooperative child day-care center," 1,864
"parent cooperative center," "parent cooperative type A family 1,865
day-care home," and "parent cooperative type A home" mean a 1,866
corporation or association organized for providing educational 1,867
services to the children of members of the corporation or 1,868
association, without gain to the corporation or association as an 1,869
entity, in which the services of the corporation or association 1,870
are provided only to children of the members of the corporation 1,871
or association, ownership and control of the corporation or 1,872
association rests solely with the members of the corporation or 1,873
association, and at least one parent-member of the corporation or 1,874
association is on the premises of the center or type A home 1,875
during its hours of operation. 1,876
(EE)(FF) "Part-time child day-care center," "part-time 1,878
center," "part-time type A family day-care home," and "part-time 1,880
type A home" mean a center or type A home that provides child 1,881
day-care or publicly funded child day-care for no more than four 1,882
hours a day for any child. 1,883
(FF)(GG) "Place of worship" means a building where 1,885
activities of an organized religious group are conducted and 1,887
includes the grounds and any other buildings on the grounds used 1,888
for such activities. 1,889
(GG)(HH) "Preschool child" means a child who is three 1,891
years old or older but is not a school child. 1,893
(HH)(II) "Protective day-care" means publicly funded child 1,895
day-care for the direct care and protection of a child to whom 1,896
either of the following applies: 1,897
(1) A case plan prepared and maintained for the child 1,899
pursuant to section 2151.412 of the Revised Code indicates a need 1,900
for protective day-care and the child resides with a parent, 1,901
43
stepparent, guardian, or another person who stands in loco 1,902
parentis as defined in rules adopted under section 5104.38 of the 1,903
Revised Code;
(2) The child and the child's caretaker either temporarily 1,905
reside in a facility providing emergency shelter for homeless 1,907
families or are determined by the county department of human 1,908
services to be homeless, and are otherwise ineligible for 1,909
publicly funded child day-care. 1,910
(II)(JJ) "Publicly funded child day-care" means 1,912
administering to the needs of infants, toddlers, preschool 1,914
children, and school children under age thirteen during any part 1,916
of the twenty-four-hour day by persons other than their caretaker 1,918
parents for remuneration wholly or in part with federal or state 1,919
funds, including child care block grant act funds, distributed by 1,920
the department of human services. 1,921
(JJ)(KK) "Religious activities" means any of the 1,923
following: worship or other religious services; religious 1,924
instruction; Sunday school classes or other religious classes 1,925
conducted during or prior to worship or other religious services; 1,927
youth or adult fellowship activities; choir or other musical 1,928
group practices or programs; meals; festivals; or meetings 1,929
conducted by an organized religious group. 1,930
(KK)(LL) "School child" means a child who is enrolled in 1,932
or is eligible to be enrolled in a grade of kindergarten or above 1,934
but is less than fifteen years old. 1,935
(LL)(MM) "School child day-care center," "school child 1,937
center," "school child type A family day-care home," and "school 1,939
child type A family home" mean a center or type A home that 1,940
provides child day-care for school children only and that does 1,942
either or both of the following: 1,943
(1) Operates only during that part of the day that 1,945
immediately precedes or follows the public school day of the 1,946
school district in which the center or type A home is located; 1,947
(2) Operates only when the public schools in the school 1,949
44
district in which the center or type A home is located are not 1,950
open for instruction with pupils in attendance. 1,951
(MM)(NN) "Special needs day-care" means publicly funded 1,953
child day-care that is provided for a child who is physically or 1,955
developmentally handicapped, mentally retarded, or mentally ill. 1,956
(NN)(OO) "State median income" means the state median 1,958
income calculated by the department of development pursuant to 1,959
division (A)(1)(g) of section 5709.61 of the Revised Code. 1,960
(OO)(PP) "Toddler" means a child who is at least eighteen 1,962
months of age but less than three years of age. 1,963
(PP)(QQ) "Type A family day-care home" and "type A home" 1,965
mean a permanent residence of the administrator in which child 1,967
day-care or publicly funded child day-care is provided for seven 1,968
to twelve children at one time or a permanent residence of the 1,969
administrator in which child day-care is provided for four to 1,970
twelve children at one time if four or more children at one time 1,971
are under two years of age. In counting children for the 1,972
purposes of this division, any children under six years of age 1,973
who are related to a licensee, administrator, or employee and who 1,974
are on the premises of the type A home shall be counted. "Type A 1,975
family day-care home" does not include a residence in which the 1,976
needs of children are administered to, if all of the children 1,977
whose needs are being administered to are siblings of the same 1,978
immediate family and the residence is the home of the siblings. 1,979
"Type A family day-care home" and "type A home" do not include 1,980
any child day camp. 1,981
(QQ)(RR) "Type B family day-care home" and "type B home" 1,983
mean a permanent residence of the provider in which child 1,984
day-care is provided for one to six children at one time and in 1,985
which no more than three children are under two years of age at 1,986
one time. In counting children for the purposes of this 1,987
division, any children under six years of age who are related to 1,988
the provider and who are on the premises of the type B home shall 1,989
be counted. "Type B family day-care home" does not include a 1,990
45
residence in which the needs of children are administered to, if 1,991
all of the children whose needs are being administered to are 1,992
siblings of the same immediate family and the residence is the 1,993
home of the siblings. "Type B family day-care home" and "type B 1,994
home" do not include any child day camp. 1,995
Sec. 5104.08. There is hereby created in the department of 2,004
human services a day-care advisory council to advise and assist 2,005
the department in the administration of this chapter and in the 2,006
development of child day-care. The council shall consist of 2,007
eighteen members appointed by the director of human services with 2,008
the approval of the governor. The director of human services, 2,009
the superintendent of public instruction, the director of health, 2,010
the director of commerce, and the state fire marshal shall serve 2,013
as nonvoting members of the council.
Six members shall be representatives of child day-care 2,015
centers subject to licensing, the members to represent a variety 2,016
of centers, including nonprofit and proprietary, from different 2,017
geographical areas of the state. At least three members shall be 2,018
parents, guardians, or custodians of children in a head start 2,019
program or receiving child day-care or publicly funded child 2,020
day-care in the child's own home, a center, type A home, 2,021
certified type B home, or type B home at the time of appointment. 2,022
Three members shall be representatives of in-home aides, type A 2,023
homes, certified type B homes, or type B homes or head start 2,024
programs. At least two members shall represent county 2,025
departments of human services. The remaining members shall be 2,026
representatives of the teaching, child development, and health 2,027
professions, and other individuals interested in the welfare of 2,028
children. At least six members of the council shall not be 2,029
employees or licensees of a child day-care center or type A home, 2,030
or providers operating a certified type B home or type B home, or 2,031
in-home aides. 2,032
Six of the original appointments shall be for one year, six 2,034
for two years, and six for three years, and subsequent 2,035
46
appointments shall be for three-year terms. Vacancies shall be 2,036
filled for the unexpired terms. 2,037
The council shall advise the director on matters affecting 2,039
the licensing of centers and type A homes and the certification 2,040
of type B homes and in-home aides. The council shall make an 2,041
annual report to the director concerning the licensing, 2,042
certification, and regulation program, THE PROVISION OF PUBLICLY 2,043
FUNDED CHILD DAY-CARE BY BORDER STATE CHILD DAY-CARE PROVIDERS, 2,044
and the council's recommendations concerning such THE REGULATION 2,046
program AND BORDER STATE CHILD DAY-CARE PROVIDERS. Copies of the 2,047
report shall be PROVIDED TO THE DIRECTOR, GOVERNOR, SPEAKER AND 2,048
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND THE 2,049
PRESIDENT AND MINORITY LEADER OF THE SENATE AND, ON REQUEST, made 2,050
available to the public upon request. 2,051
Members of the council shall serve without compensation but 2,053
shall be reimbursed for necessary expenses. 2,054
Sec. 5104.31. Publicly funded child day-care may be 2,063
provided only by a THE FOLLOWING: 2,064
(A) A child day-care center or type A family day-care 2,067
home, including a parent cooperative child day-care center or 2,068
parent cooperative type A family day-care home, licensed by the 2,069
department of human services pursuant to section 5104.03 of the 2,071
Revised Code, a; 2,072
(B) A type B family day-care home certified by the county 2,076
department of human services pursuant to section 5104.11 of the 2,078
Revised Code, a;
(C) A type B family day-care home that has received a 2,081
limited certification pursuant to rules adopted under division 2,082
(G)(1) of section 5104.011 of the Revised Code, an;
(D) AN in-home aide who has been certified by the county 2,087
department of human services pursuant to section 5104.12 of the 2,088
Revised Code, a; 2,089
(E) A child day camp approved pursuant to section 5104.22 2,092
of the Revised Code, a; 2,093
47
(F) A licensed preschool program, or a; 2,095
(G) A licensed school child program; 2,098
(H) A BORDER STATE CHILD DAY-CARE PROVIDER, EXCEPT THAT A 2,100
BORDER STATE CHILD DAY-CARE PROVIDER MAY PROVIDE PUBLICLY FUNDED 2,101
CHILD DAY-CARE ONLY TO AN INDIVIDUAL WHO RESIDES IN AN OHIO 2,102
COUNTY THAT BORDERS THE STATE IN WHICH THE PROVIDER IS LOCATED. 2,103
Sec. 5104.32. (A) Except as provided in division (C) of 2,113
this section, all purchases of publicly funded child day-care 2,114
shall be made under a contract entered into by a licensed child 2,115
day-care center, licensed type A family day-care home, certified 2,116
type B family day-care home, certified in-home aide, approved 2,117
child day camp, licensed preschool program, or licensed school 2,118
child program, OR BORDER STATE CHILD DAY-CARE PROVIDER and the 2,119
county department of human services. A county department of 2,120
human services may enter into a contract with a provider for 2,121
publicly funded child day-care for a specified period of time or 2,122
upon a continuous basis for an unspecified period of time. All 2,123
contracts for publicly funded child day-care shall be contingent 2,124
upon the availability of state and federal funds. The department 2,125
of human services shall prescribe a standard form to be used for 2,126
all contracts for the purchase of publicly funded child day-care, 2,127
regardless of the source of public funds used to purchase the 2,128
child day-care. To the extent permitted by federal law and 2,129
notwithstanding any other provision of the Revised Code that 2,130
regulates state or county contracts or contracts involving the 2,131
expenditure of state, county, or federal funds, all contracts for 2,132
publicly funded child day-care shall be entered into in 2,133
accordance with the provisions of this chapter and are exempt 2,134
from any other provision of the Revised Code that regulates state 2,135
or county contracts or contracts involving the expenditure of 2,136
state, county, or federal funds. 2,137
(B) Each contract for publicly funded child day-care shall 2,139
specify at least the following: 2,140
(1) Except as provided in division (B)(2) of this section, 2,143
48
that the provider of publicly funded child day-care agrees to be 2,144
paid for rendering services at the lower of the rate customarily 2,145
charged by the provider for children enrolled for child day-care 2,146
or the rate of reimbursement established pursuant to section 2,147
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 2,149
day-care to caretaker parents who work nontraditional hours, that 2,150
the provider is to be paid for rendering services to those 2,151
caretaker parents at the rate of reimbursement established 2,152
pursuant to section 5104.30 of the Revised Code regardless of 2,154
whether that rate is higher than the rate the provider 2,155
customarily charges for children enrolled for child day-care; 2,156
(3) That, if a provider provides child day-care to an 2,158
individual potentially eligible for publicly funded child 2,159
day-care who is subsequently determined to be eligible, the 2,160
county department agrees to pay for all child day-care provided 2,161
between the date the county department receives the individual's 2,162
completed application and the date the individual's eligibility 2,163
is determined; 2,164
(4) Whether the county department of human services, the 2,166
provider, or a child day-care resource and referral service 2,167
organization will make eligibility determinations, whether the 2,168
provider or a child day-care resource and referral service 2,169
organization will be required to collect information to be used 2,170
by the county department to make eligibility determinations, and 2,171
the time period within which the provider or child day-care 2,172
resource and referral service organization is required to 2,173
complete required eligibility determinations or to transmit to 2,174
the county department any information collected for the purpose 2,175
of making eligibility determinations; 2,176
(5) That the provider, OTHER THAN A BORDER STATE CHILD 2,178
DAY-CARE PROVIDER, shall continue to be licensed, approved, or 2,180
certified pursuant to this chapter or sections 3301.52 to 3301.59 2,181
of the Revised Code and shall comply with all standards and other 2,182
49
requirements in this chapter and those sections and in rules 2,183
adopted pursuant to this chapter or those sections for 2,184
maintaining the provider's license, approval, or certification; 2,185
(6) THAT, IN THE CASE OF A BORDER STATE CHILD DAY-CARE 2,187
PROVIDER, THE PROVIDER SHALL CONTINUE TO BE LICENSED, CERTIFIED, 2,188
OR OTHERWISE APPROVED BY THE STATE IN WHICH THE PROVIDER IS 2,190
LOCATED AND SHALL COMPLY WITH ALL STANDARDS AND OTHER 2,191
REQUIREMENTS ESTABLISHED BY THAT STATE FOR MAINTAINING THE
PROVIDER'S LICENSE, CERTIFICATE, OR OTHER APPROVAL; 2,192
(7) Whether the provider will be paid by the county 2,194
department of human services or the state department of human 2,195
services; 2,196
(7)(8) That the contract is subject to the availability of 2,198
state and federal funds. 2,199
(C) Unless specifically prohibited by federal law, the 2,201
county department of human services shall give individuals 2,202
eligible for publicly funded child day-care the option of 2,203
obtaining certificates for payment that the individual may use to 2,204
purchase services from any provider qualified to provide publicly 2,205
funded child day-care under section 5104.31 of the Revised Code. 2,206
Providers of publicly funded child day-care may present these 2,207
certificates for payment for reimbursement in accordance with 2,208
rules that the department of human services shall adopt. Only 2,209
providers may receive reimbursement for certificates for payment. 2,210
The value of the certificate for payment shall be based on the 2,211
lower of the rate customarily charged by the provider or the rate 2,213
of reimbursement established pursuant to section 5104.30 of the 2,214
Revised Code, unless the provider provides publicly funded child 2,215
day-care to caretaker parents who work nontraditional hours, in 2,216
which case the value of the certificate for payment for the 2,217
services to those caretaker parents shall be based on the rate of 2,218
reimbursement established pursuant to that section regardless of 2,219
whether that rate is higher than the rate customarily charged by 2,220
the provider. The county department may provide the certificates 2,222
50
for payment to the individuals or may contract with child 2,223
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 2,224
publicly funded child day-care pursuant to contracts entered into 2,225
under section 5104.34 of the Revised Code for the providers or 2,226
resource and referral service organizations to provide the 2,227
certificates for payment to individuals whom they determine are 2,228
eligible for publicly funded child day-care. 2,229
Sec. 5104.35. (A) The county department of human services 2,238
shall do all of the following: 2,239
(1) Accept any gift, grant, or other funds from either 2,241
public or private sources offered unconditionally or under 2,242
conditions which are, in the judgment of the department, proper 2,243
and consistent with this chapter and deposit the funds in the 2,244
county public assistance fund established by section 5101.161 of 2,245
the Revised Code; 2,246
(2) Recruit individuals and groups interested in 2,248
certification as in-home aides or in developing and operating 2,249
suitable licensed child day-care centers, type A family day-care 2,250
homes, or certified type B family day-care homes, especially in 2,251
areas with high concentrations of recipients of public 2,252
assistance, and for that purpose provide consultation to 2,253
interested individuals and groups on request; 2,254
(3) Inform clients of the availability of child day-care 2,256
services; 2,257
(4) Pay to a child day-care center, type A family day-care 2,259
home, certified type B family day-care home, in-home aide, 2,260
approved child day camp, licensed preschool program, or licensed 2,261
school child program, OR BORDER STATE CHILD DAY-CARE PROVIDER for 2,263
child day-care services, the amount provided for in division (B) 2,264
of section 5104.32 of the Revised Code. If part of the cost of 2,265
care of a child is paid by the child's parent or any other 2,266
person, the amount paid shall be subtracted from the amount the 2,267
county department pays. 2,269
51
(5) In accordance with rules adopted pursuant to section 2,271
5104.39 of the Revised Code, provide monthly reports to the 2,272
director of human services and the director of budget and 2,273
management regarding expenditures for the purchase of publicly 2,274
funded child day-care. 2,275
(B) The county department of human services may do any of 2,277
the following: 2,278
(1) To the extent permitted by federal law, use public 2,280
child day-care funds to extend the hours of operation of the 2,281
county department to accommodate the needs of working caretaker 2,282
parents and enable those parents to apply for publicly funded 2,283
child day-care; 2,284
(2) In accordance with rules adopted by the state 2,286
department of human services, request a waiver of the maximum 2,287
rate of assistance that is established by the state department of 2,288
human services pursuant to section 5104.30 of the Revised Code 2,289
for the purpose of paying a higher rate for publicly funded child 2,290
day-care based upon the special needs of a child, the special 2,291
circumstances of a family, or unique child day-care market 2,292
conditions; 2,293
(3) To the extent permitted by federal law, use state and 2,295
federal funds to pay deposits and other advance payments that a 2,296
provider of child day-care customarily charges all children who 2,297
receive child day-care from that provider; 2,298
(4) To the extent permitted by federal law, pay for up to 2,300
thirty days of child day-care for a child whose caretaker parent 2,301
is seeking employment, taking part in employment orientation 2,302
activities, or taking part in activities in anticipation of 2,303
enrollment or attendance in an education or training program or 2,304
activity, if the employment or education or training program or 2,305
activity is expected to begin within the thirty-day period. 2,306
Sec. 5104.36. The licensee or administrator of a child 2,315
day-care center or type A family day-care home, the authorized 2,316
provider of a certified type B family day-care home, the AN 2,317
52
in-home aide providing child day-care services, and the director 2,319
or administrator of an approved child day camp, AND A BORDER 2,320
STATE CHILD DAY-CARE PROVIDER shall keep a record for each 2,322
eligible child, to be made available to the county department of 2,323
human services or the department of human services on request. 2,324
The record shall include all of the following:
(A) The name and date of birth of the child; 2,326
(B) The name and address of his THE CHILD'S caretaker 2,328
parent;
(C) The name and address of the caretaker parent's place 2,330
of employment or program of education or training; 2,331
(D) The hours for which child day-care services have been 2,333
provided for the child; 2,334
(E) Any other information required by the county 2,336
department of human services or the state department of human 2,337
services. 2,338
Sec. 5104.38. In addition to any other rules adopted under 2,347
this chapter, the department of human services shall adopt rules 2,348
in accordance with Chapter 119. of the Revised Code governing 2,350
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 2,351
(A) Procedures and criteria to be used in making 2,353
determinations of eligibility for publicly funded child day-care 2,354
that give priority to children of families with lower incomes and 2,356
procedures and criteria for eligibility for publicly funded 2,357
protective day-care. The rules shall specify the maximum amount 2,358
of income a family may have for initial and continued 2,359
eligibility. The maximum amount shall not exceed one hundred 2,360
eighty-five per cent of the federal poverty line. 2,361
(B) Procedures under which a county department of human 2,363
services may, if the department, under division (A) of this 2,365
section, specifies a maximum amount of income a family may have 2,366
for eligibility for publicly funded child day-care that is less 2,367
than one hundred eighty-five per cent of the federal poverty 2,368
53
line, specify a maximum amount of income a family residing in the
county the county department serves may have for initial and 2,369
continued eligibility for publicly funded child day-care that is 2,370
higher than the amount specified by the department but does not 2,371
exceed one hundred eighty-five per cent of the federal poverty 2,372
line;
(C) A schedule of fees requiring all eligible caretaker 2,375
parents to pay a fee for publicly funded child day-care according 2,376
to income and family size, which shall be uniform for all types 2,377
of publicly funded child day-care, except as authorized by rule, 2,378
and, to the extent permitted by federal law, shall permit the use 2,380
of state and federal funds to pay the customary deposits and 2,381
other advance payments that a provider charges all children who 2,382
receive child day-care from that provider; 2,383
(D) A formula based upon a percentage of the county's 2,385
total expenditures for publicly funded child day-care for 2,386
determining the maximum amount of state and federal funds 2,387
appropriated for publicly funded child day-care that a county 2,388
department may use for administrative purposes; 2,389
(E) Procedures to be followed by the department and county 2,391
departments in recruiting individuals and groups to become 2,392
providers of child day-care; 2,393
(F) Procedures to be followed in establishing state or 2,395
local programs designed to assist individuals who are eligible 2,396
for publicly funded child day-care in identifying the resources 2,397
available to them and to refer the individuals to appropriate 2,398
sources to obtain child day-care; 2,399
(G) Procedures to deal with fraud and abuse committed by 2,401
either recipients or providers of publicly funded child day-care; 2,402
(H) Procedures for establishing a child day-care grant or 2,404
loan program in accordance with the child care block grant act; 2,405
(I) Standards and procedures for applicants to apply for 2,407
grants and loans, and for the department to make grants and 2,408
loans; 2,409
54
(J) A definition of "person who stands in loco parentis" 2,411
for the purposes of division (HH)(II)(1) of section 5104.01 of 2,413
the Revised Code;
(K) Any other rules necessary to carry out sections 2,415
5104.30 to 5104.39 of the Revised Code. 2,416
Section 2. That existing sections 2151.31, 2151.314, 2,418
2151.33, 2151.413, 2151.414, 2151.415, 2151.419, 2151.42, 2,419
3107.07, 3107.11, 3107.19, 5104.01, 5104.08, 5104.31, 5104.32, 2,421
5104.35, 5104.36, and 5104.38 of the Revised Code are hereby 2,422
repealed.