Cosponsors:
Representatives Yuko, Hottinger, Huffman, Webster, Jones, DeBose, Letson, Williams, B., Wachtmann, Hagan, R., Adams, Aslanides, Batchelder, Blessing, Boyd, Budish, Celeste, Chandler, Coley, Collier, Combs, Daniels, DeGeeter, Dodd, Dolan, Domenick, Driehaus, Evans, Flowers, Gardner, Gibbs, Goyal, Hagan, J., Heard, Hite, Mallory, Mandel, McGregor, J., Mecklenborg, Newcomb, Oelslager, Patton, Raussen, Sayre, Schindel, Schlichter, Schneider, Setzer, Slesnick, Stebelton, Stewart, J., Uecker, White, Widowfield, Zehringer
Senators Wagoner, Morano, Padgett, Miller, D., Seitz, Amstutz, Boccieri, Buehrer, Carey, Cates, Coughlin, Faber, Harris, Lehner, Kearney, Niehaus, Patton, Roberts, Sawyer, Schaffer, Schuring, Stivers, Turner, Fedor
Section 1. That sections 2151.353, 2151.361, 2151.414, | 8 |
2151.415, 3107.012, 3107.031, 3107.033, 3107.055, 3107.06, | 9 |
3107.07, 3107.101, 3107.11, 3107.14,
3107.60, 3107.66, 3313.6011, | 10 |
3317.024,
5103.03, 5107.30, and 5153.122
of the Revised Code be | 11 |
amended to read
as
follows: | 12 |
(3) Award legal custody of the child to either parent or
to | 22 |
any other person who, prior to the dispositional hearing,
files a | 23 |
motion requesting legal custody of the child or is identified as a | 24 |
proposed legal custodian in a complaint or motion filed prior to | 25 |
the dispositional hearing by any party to the proceedings. A | 26 |
person identified in a complaint or motion filed by a party to the | 27 |
proceedings as a proposed legal custodian shall be awarded legal | 28 |
custody of the child only if the person identified signs a | 29 |
statement of understanding for legal custody that contains at | 30 |
least the following provisions: | 31 |
(b) That the person understands that legal custody of the | 35 |
child in question is intended to be permanent in nature and that | 36 |
the person will be responsible as the custodian for the child | 37 |
until the child reaches the age of majority. Responsibility as | 38 |
custodian for the child shall continue beyond the age of majority | 39 |
if, at the time the child reaches the age of majority, the child | 40 |
is pursuing a diploma granted by the board of education or other | 41 |
governing authority, successful completion of the curriculum of | 42 |
any high school, successful completion of an individualized | 43 |
education program developed for the student by any high school, or | 44 |
an age and schooling certificate. Responsibility beyond the age of | 45 |
majority shall terminate when the child ceases to continuously | 46 |
pursue such an education, completes such an education, or is | 47 |
excused from such an education under standards adopted by the | 48 |
state board of education, whichever occurs first. | 49 |
(c) That the parents of the child have residual parental | 50 |
rights, privileges, and responsibilities, including, but not | 51 |
limited to, the privilege of reasonable visitation, consent to | 52 |
adoption, the privilege to determine the child's religious | 53 |
affiliation, and the responsibility for support; | 54 |
(4) Commit the child to the permanent custody of a public | 61 |
children services agency or private child placing agency, if the | 62 |
court determines in accordance with division (E) of section | 63 |
2151.414 of the Revised Code that the child cannot be placed with | 64 |
one of the child's parents within a reasonable time or should not | 65 |
be
placed with either parent and determines in accordance with | 66 |
division (D)(1) of section 2151.414 of the Revised Code that the | 67 |
permanent commitment is in the best interest of the child. If
the | 68 |
court grants permanent custody under this division, the
court, | 69 |
upon the request of any party, shall file a written
opinion | 70 |
setting forth its findings of fact and conclusions of law
in | 71 |
relation to the proceeding. | 72 |
(5) Place the child in a planned
permanent living | 73 |
arrangement
with a
public children services agency or private | 74 |
child placing
agency,
if a public children services agency or | 75 |
private child
placing
agency requests the court to place the | 76 |
child in a planned
permanent living
arrangement and if the court | 77 |
finds, by clear and
convincing
evidence, that a planned permanent | 78 |
living
arrangement
is in the best interest of
the child and that | 79 |
one of the following
exists: | 80 |
(b) The parents of the child have significant physical, | 86 |
mental, or psychological problems and are unable to care for the | 87 |
child because of those problems, adoption is not in the best | 88 |
interest of the child, as determined in accordance with division | 89 |
(D)(1) of section 2151.414 of the Revised Code, and the child | 90 |
retains
a significant and positive relationship with a parent or | 91 |
relative. | 92 |
(6) Order the removal from the child's
home until further | 98 |
order of the court of the person who committed
abuse as described | 99 |
in section 2151.031 of the Revised
Code against the child, who | 100 |
caused or allowed the child
to suffer neglect as described in | 101 |
section 2151.03 of the
Revised Code, or who is the parent, | 102 |
guardian,
or custodian of a child who is adjudicated a dependent | 103 |
child and
order any person not to have contact with the child or | 104 |
the
child's siblings. | 105 |
(B) No order for permanent custody or temporary custody of
a | 106 |
child or the placement of a child in a
planned permanent living | 107 |
arrangement
shall be made pursuant to this section unless the | 108 |
complaint
alleging the abuse, neglect, or dependency contains a | 109 |
prayer
requesting permanent custody, temporary custody, or the | 110 |
placement
of the child in a planned permanent living
arrangement | 111 |
as desired, the summons
served on the parents of the child | 112 |
contains as is appropriate a
full explanation that the granting of | 113 |
an order for permanent
custody permanently divests them of their | 114 |
parental rights, a full
explanation that an adjudication that the | 115 |
child is an abused,
neglected, or dependent child may result in an | 116 |
order of temporary
custody that will cause the removal of the | 117 |
child from their legal
custody until the court terminates the | 118 |
order of temporary custody
or permanently divests the parents of | 119 |
their parental rights, or a
full explanation that the granting of | 120 |
an order for a planned permanent living
arrangement
will result in | 121 |
the removal of the child from their
legal custody if any of the | 122 |
conditions listed in divisions
(A)(5)(a) to (c) of this section | 123 |
are found to exist, and the
summons served on the parents contains | 124 |
a full explanation of
their right to be represented by counsel and | 125 |
to have counsel
appointed pursuant to Chapter 120. of the Revised | 126 |
Code if they
are indigent. | 127 |
(C) If the court issues an order for protective
supervision | 133 |
pursuant to division (A)(1) of this section, the
court
may place | 134 |
any reasonable restrictions upon the child, the
child's
parents, | 135 |
guardian, or custodian, or any other person,
including,
but not | 136 |
limited to, any of the following: | 137 |
(E)(1) The court shall retain jurisdiction over any child
for | 151 |
whom the court issues an order of disposition pursuant to
division | 152 |
(A) of this section or pursuant to section 2151.414 or
2151.415 of | 153 |
the Revised Code until the child attains the age of
eighteen years | 154 |
if the child is not mentally
retarded,
developmentally disabled, | 155 |
or physically impaired,
the child
attains the age of twenty-one | 156 |
years if the child is mentally
retarded, developmentally disabled, | 157 |
or
physically impaired, or the
child is adopted and a final | 158 |
decree of adoption is issued, except
that the court may retain | 159 |
jurisdiction over the child and continue
any order of disposition | 160 |
under division (A) of this section or
under section 2151.414 or | 161 |
2151.415 of the Revised Code for a
specified period of time to | 162 |
enable the child to graduate from high
school or vocational | 163 |
school. The court shall make an entry
continuing its
jurisdiction | 164 |
under this division in the journal. | 165 |
(2) Any public children services agency, any private child | 166 |
placing agency, the department of job and family
services, or any | 167 |
party,
other than any parent whose parental rights with respect to | 168 |
the
child have been terminated pursuant to an order issued under | 169 |
division (A)(4) of this section, by filing a motion with the | 170 |
court, may at any time request the court to modify or terminate | 171 |
any order of disposition issued pursuant to division (A) of this | 172 |
section or section 2151.414 or 2151.415 of the Revised Code. The | 173 |
court shall hold a hearing upon the motion as if the hearing were | 174 |
the original dispositional hearing and shall give all parties to | 175 |
the action and the guardian ad litem notice of the hearing | 176 |
pursuant to the Juvenile Rules. If applicable, the court shall | 177 |
comply with
section 2151.42 of the Revised Code. | 178 |
(F) Any temporary custody order issued pursuant to
division | 179 |
(A) of this section shall terminate one year after the
earlier of | 180 |
the date on which the complaint in the case was filed
or the child | 181 |
was first placed into shelter care, except that,
upon
the filing | 182 |
of a motion pursuant to section 2151.415 of the
Revised
Code, the | 183 |
temporary custody order shall continue and not
terminate
until | 184 |
the court issues a dispositional order under that
section. In | 185 |
resolving the motion, the court shall not order an existing | 186 |
temporary custody order to continue beyond two years after the | 187 |
date on which the complaint was filed or the child was first | 188 |
placed into shelter care, whichever date is earlier, regardless of | 189 |
whether any extensions have been previously ordered pursuant to | 190 |
division (D) of section 2151.415 of the Revised Code. | 191 |
(G)(1) No later than one year after the earlier of the
date | 192 |
the
complaint in the case was filed or the child was first
placed | 193 |
in shelter care,
a party may ask the court to extend an
order for | 194 |
protective supervision for
six months or to terminate
the order. | 195 |
A party requesting extension or
termination of the
order shall | 196 |
file a written request for the extension or
termination with the | 197 |
court and give notice of the proposed
extension or
termination in | 198 |
writing before the end of the day
after the day of filing it to | 199 |
all parties and the child's guardian
ad litem. If a public | 200 |
children services
agency or private child
placing agency requests | 201 |
termination of the order, the
agency shall
file a written status | 202 |
report setting out the facts supporting
termination of the order | 203 |
at the time it files the request with the
court. If
no party | 204 |
requests extension or termination of the order,
the court shall | 205 |
notify the parties that the court will extend the
order for six | 206 |
months or
terminate it and that it may do so without
a hearing | 207 |
unless one of the parties
requests a hearing. All
parties and the | 208 |
guardian ad litem shall have seven
days from the
date a notice is | 209 |
sent pursuant to this division to object to and
request a hearing | 210 |
on the proposed extension or termination. | 211 |
(a) If it receives a timely request for a hearing, the court | 212 |
shall schedule a hearing to be held no later than thirty days | 213 |
after the
request is received by the court. The court shall give | 214 |
notice of the date,
time, and location of the hearing to all | 215 |
parties and the guardian ad litem.
At the hearing, the court | 216 |
shall determine whether extension or termination of
the order is | 217 |
in the child's best interest. If termination is in the child's | 218 |
best interest, the court shall terminate the order. If extension | 219 |
is in the
child's best interest, the court shall extend the order | 220 |
for six months. | 221 |
(b) If it does not receive a timely request for a hearing, | 222 |
the
court may extend the order for six months or terminate it | 223 |
without a hearing
and shall journalize the order of extension or | 224 |
termination not later than
fourteen days after receiving the | 225 |
request for extension or termination or
after the date the court | 226 |
notifies the parties that it will extend or terminate
the order. | 227 |
If the court does not extend or terminate the order, it shall | 228 |
schedule a hearing to be held no later than thirty days after the | 229 |
expiration
of the applicable fourteen-day time period and give | 230 |
notice of the date, time,
and location of the hearing to all | 231 |
parties and the child's guardian ad litem.
At the hearing, the | 232 |
court shall determine whether extension or termination of
the | 233 |
order is in the child's best interest. If termination is in the | 234 |
child's
best interest, the court shall terminate the order. If | 235 |
extension is in the
child's best interest, the court shall issue | 236 |
an order extending the order for
protective supervision six | 237 |
months. | 238 |
(2) If the court grants an extension of the order for | 239 |
protective
supervision pursuant to division (G)(1) of this | 240 |
section, a party may,
prior to termination of the extension, file | 241 |
with the court a request for an
additional extension of six months | 242 |
or for termination of the order. The court
and the parties shall | 243 |
comply with division (G)(1) of this section
with respect to | 244 |
extending or terminating the order. | 245 |
Sec. 2151.361. (A) If the parents of a child enter into an | 280 |
agreement with a public children services agency or private child | 281 |
placing agency to place the child into the temporary custody
of | 282 |
the agency or the child is committed as provided by this chapter, | 283 |
the juvenile court, at its discretion, may issue
an
order pursuant | 284 |
to Chapters 3119., 3121., 3123., and 3125. of
the
Revised Code | 285 |
requiring that the parents pay for the care,
support,
maintenance, | 286 |
and education of the child if the parents adopted the child. | 287 |
Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant | 311 |
to section 2151.413 of the Revised Code for permanent custody of
a | 312 |
child, the court
shall schedule a hearing and give notice of the | 313 |
filing of the
motion and of the hearing, in accordance with | 314 |
section 2151.29 of
the Revised Code, to all parties to the action | 315 |
and to the child's
guardian ad litem. The notice also shall | 316 |
contain a full
explanation that the granting of permanent custody | 317 |
permanently
divests the parents of their parental rights, a full | 318 |
explanation
of their right to be represented by counsel and to | 319 |
have counsel
appointed pursuant to Chapter 120. of the Revised | 320 |
Code if they
are indigent, and the name and telephone number of | 321 |
the court
employee designated by the court pursuant to section | 322 |
2151.314 of
the Revised Code to arrange for the prompt appointment | 323 |
of counsel
for indigent persons. | 324 |
The court shall conduct a hearing in
accordance with section | 325 |
2151.35 of the Revised Code to determine
if it is in the best | 326 |
interest of the child to permanently
terminate parental rights and | 327 |
grant permanent custody to the
agency that filed the motion. The | 328 |
adjudication that the child is
an abused, neglected, or dependent | 329 |
child and any dispositional order that has
been issued in
the case | 330 |
under section 2151.353 of the Revised Code pursuant to the | 331 |
adjudication
shall not be readjudicated at the hearing and shall | 332 |
not be affected by a
denial of the motion for permanent custody. | 333 |
(2) The court shall hold the hearing scheduled
pursuant to | 334 |
division (A)(1) of this section not later
than one hundred twenty | 335 |
days after the agency files the motion for permanent
custody, | 336 |
except that, for good cause shown, the court may
continue the | 337 |
hearing for a reasonable period of time beyond the | 338 |
one-hundred-twenty-day deadline. The court shall issue an
order | 339 |
that grants, denies, or otherwise disposes of the motion
for | 340 |
permanent custody, and journalize the order, not later than two | 341 |
hundred
days after the agency files the motion. | 342 |
If a motion is made under division
(D)(2) of section 2151.413 | 343 |
of
the Revised
Code and no dispositional
hearing has been held in | 344 |
the case, the court may hear the motion
in the dispositional | 345 |
hearing required by
division (B) of section
2151.35 of the Revised | 346 |
Code. If the court issues an
order pursuant to section 2151.353 of | 347 |
the
Revised
Code granting permanent custody
of the child to the | 348 |
agency, the court shall immediately dismiss
the motion made under | 349 |
division
(D)(2) of section 2151.413 of
the Revised
Code. | 350 |
(B)(1) Except as provided in division
(B)(2) of this section, | 356 |
the court may grant permanent custody of
a child to a
movant if | 357 |
the court determines at the hearing held pursuant to
division (A) | 358 |
of this section, by clear and convincing evidence,
that it is in | 359 |
the best interest of the child to grant permanent
custody of the | 360 |
child to the agency that filed the motion for
permanent custody | 361 |
and that any of the following apply: | 362 |
(a) The child is not abandoned or orphaned, has not
been
in | 363 |
the
temporary custody of one or more public children services | 364 |
agencies or private child
placing agencies for
twelve or more | 365 |
months
of
a consecutive
twenty-two-month
period, or has not been | 366 |
in the temporary custody of one or
more public children services | 367 |
agencies or private child placing
agencies for twelve or more | 368 |
months of a consecutive
twenty-two-month period if, as described | 369 |
in division (D)(1) of
section 2151.413 of the Revised Code, the | 370 |
child was previously in
the temporary custody of an equivalent | 371 |
agency in another state,
and
the child
cannot be placed with | 372 |
either of the child's parents
within a
reasonable time or should | 373 |
not be placed with the child's
parents. | 374 |
(d) The child has been in the temporary custody of one or | 378 |
more public
children services agencies or private child placing | 379 |
agencies for twelve
or more
months of a consecutive | 380 |
twenty-two-month period, or the
child has been in the temporary | 381 |
custody of one or more public
children services agencies or | 382 |
private child placing agencies for
twelve or more months of a | 383 |
consecutive twenty-two-month period
and, as described in division | 384 |
(D)(1) of section 2151.413 of the
Revised Code, the child was | 385 |
previously in the temporary custody of
an equivalent agency in | 386 |
another state. | 387 |
(2) With respect to a motion made pursuant to division
(D)(2) | 393 |
of section 2151.413 of
the Revised
Code, the court shall grant | 394 |
permanent custody of the child to the movant if the court | 395 |
determines in accordance with division
(E) of this section that | 396 |
the
child cannot be placed with one of the child's parents within | 397 |
a
reasonable time or should not be placed with either parent and | 398 |
determines in accordance with division
(D) of this section that | 399 |
permanent custody is in the child's best interest. | 400 |
(C) In making the determinations required by this section
or | 401 |
division (A)(4) of section 2151.353 of the Revised Code, a
court | 402 |
shall not consider the effect the granting of permanent
custody to | 403 |
the agency would have upon any parent of the child. A
written | 404 |
report of the guardian ad litem of the child shall be
submitted to | 405 |
the court prior to or at the time of the hearing
held pursuant to | 406 |
division (A) of this section or section 2151.35
of the Revised | 407 |
Code but shall not be submitted under oath. | 408 |
(3)(c) The custodial history of the child, including whether | 429 |
the
child
has been in the temporary custody of one or more public | 430 |
children services agencies or
private child placing
agencies for | 431 |
twelve
or
more months of a
consecutive
twenty-two-month period, or | 432 |
the child has been in the
temporary custody of one or more public | 433 |
children services agencies
or private child placing agencies for | 434 |
twelve or more months of a
consecutive twenty-two-month period | 435 |
and, as described in division
(D)(1) of section 2151.413 of the | 436 |
Revised Code, the child was
previously in the temporary custody | 437 |
of an equivalent agency in
another state; | 438 |
(E) In determining at a hearing held pursuant to division
(A) | 467 |
of this section or for the purposes of division (A)(4) of
section | 468 |
2151.353 of the Revised Code whether a child cannot be
placed with | 469 |
either parent within a
reasonable period of time or should not be | 470 |
placed with the
parents, the court shall consider all relevant | 471 |
evidence. If the court
determines, by
clear and convincing | 472 |
evidence, at a hearing held pursuant to
division (A) of this | 473 |
section or for the purposes of division
(A)(4) of section 2151.353 | 474 |
of the Revised Code that one or more of the
following exist as to | 475 |
each of the child's parents, the court shall enter a
finding that | 476 |
the child cannot be placed with either parent within a
reasonable | 477 |
time or should not be placed with either
parent: | 478 |
(1) Following the placement of the child outside the child's | 479 |
home
and notwithstanding reasonable case planning and diligent | 480 |
efforts
by the agency to assist the parents to remedy the problems | 481 |
that
initially caused the child to be placed outside the home, the | 482 |
parent has failed continuously and repeatedly to substantially | 483 |
remedy the
conditions causing the child to be placed outside the | 484 |
child's home. In
determining whether the
parents have | 485 |
substantially remedied those conditions, the court
shall consider | 486 |
parental utilization of medical, psychiatric,
psychological, and | 487 |
other social and rehabilitative services and
material resources | 488 |
that were made available to the parents for
the purpose of | 489 |
changing parental conduct to allow them to resume
and maintain | 490 |
parental duties. | 491 |
(2) Chronic mental illness, chronic emotional illness, mental | 492 |
retardation,
physical disability, or chemical dependency of the | 493 |
parent that is so severe
that it makes the parent unable to | 494 |
provide an adequate permanent home for
the child at the present | 495 |
time and,
as anticipated, within one year after the court holds | 496 |
the hearing pursuant
to division (A) of this section or for the | 497 |
purposes of division
(A)(4) of section 2151.353 of the Revised | 498 |
Code; | 499 |
(3) The parent committed any abuse as described in section | 500 |
2151.031 of the Revised Code against the child, caused the child | 501 |
to suffer any neglect as described in section 2151.03 of the | 502 |
Revised Code, or allowed the child to suffer any neglect as | 503 |
described in section 2151.03 of the Revised Code between the date | 504 |
that the original complaint alleging abuse or neglect was filed | 505 |
and the date of the filing of the motion for permanent custody; | 506 |
(6) The parent has been convicted of or pleaded guilty to
an | 513 |
offense under division (A) or (C) of section 2919.22
or under | 514 |
section 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.03, | 515 |
2905.04, 2905.05,
2907.07, 2907.08,
2907.09, 2907.12, 2907.21, | 516 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 517 |
2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24, | 518 |
2919.25,
2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the | 519 |
Revised Code and the child or a sibling of the child was a
victim | 520 |
of the offense or the parent
has been convicted of or pleaded | 521 |
guilty to an offense under section
2903.04 of the Revised Code, a | 522 |
sibling of the
child was the victim of the offense, and the parent | 523 |
who committed the
offense poses an ongoing danger to the child or | 524 |
a
sibling of the child. | 525 |
(b) An offense under section 2903.11, 2903.12, or
2903.13 of | 535 |
the Revised
Code or under an existing or
former law of this state, | 536 |
any other state, or the
United States that is substantially | 537 |
equivalent to an offense described in those sections and the | 538 |
victim of the offense is the child, a sibling of the
child, or | 539 |
another child who lived in the parent's household at the time of | 540 |
the
offense; | 541 |
(d) An offense under section 2907.02, 2907.03,
2907.04, | 548 |
2907.05, or 2907.06 of the
Revised Code or under an existing or | 549 |
former law of this state, any other state, or the
United States | 550 |
that is substantially
equivalent to an offense described in those | 551 |
sections and the
victim of the offense is the child, a sibling of | 552 |
the
child, or another child who lived in the parent's household at | 553 |
the time of the
offense; | 554 |
(8) The parent has
repeatedly withheld medical treatment or | 558 |
food from the child
when the parent has the means to provide the | 559 |
treatment or food, and, in the
case of withheld medical treatment, | 560 |
the parent withheld it for a purpose other
than
to treat
the | 561 |
physical or mental illness or defect of the child by
spiritual | 562 |
means through prayer alone in accordance with the
tenets of a | 563 |
recognized religious body. | 564 |
(9) The parent has
placed the child at substantial risk of | 565 |
harm two or more times due to
alcohol or drug abuse and has | 566 |
rejected treatment two or more times or
refused to participate in | 567 |
further treatment two or more times after a
case plan issued | 568 |
pursuant to section 2151.412 of the Revised Code requiring | 569 |
treatment of
the parent was journalized as part of a dispositional | 570 |
order issued with
respect to the child or an order was issued by | 571 |
any other court requiring
treatment of the parent. | 572 |
(11) The parent has had parental
rights involuntarily | 574 |
terminated
with respect to a sibling of the
child pursuant to | 575 |
this section or section 2151.353 or 2151.415 of
the Revised Code, | 576 |
or under an existing or former law of this state,
any other | 577 |
state, or the United States that is substantially
equivalent to | 578 |
those sections, and the parent has failed to provide
clear and | 579 |
convincing evidence to prove that, notwithstanding the
prior | 580 |
termination, the parent can provide a legally secure
permanent | 581 |
placement and adequate care for the health, welfare, and
safety | 582 |
of the child. | 583 |
(15) The parent has committed abuse as described in
section | 596 |
2151.031 of the Revised Code against the child or
caused or | 597 |
allowed the child to suffer neglect as described in section | 598 |
2151.03
of the Revised Code, and the court determines that the | 599 |
seriousness, nature, or likelihood of recurrence of the abuse or | 600 |
neglect makes
the child's placement with the child's parent a | 601 |
threat to the child's
safety. | 602 |
Sec. 2151.415. (A) Except for cases in which a
motion for | 610 |
permanent custody described in division (D)(1) of section 2151.413 | 611 |
of the Revised Code is required to be made, a
public children | 612 |
services agency or
private child placing agency that has been | 613 |
given temporary
custody of a child pursuant to section 2151.353 of | 614 |
the Revised
Code, not later than thirty days prior to the earlier | 615 |
of the date
for the termination of the custody order pursuant to | 616 |
division (F)(G)
of section 2151.353 of the Revised Code or the | 617 |
date set at the
dispositional hearing for the hearing to be held | 618 |
pursuant to this
section, shall file a motion with the court that | 619 |
issued the order
of disposition requesting that any of the | 620 |
following orders of
disposition of the child be issued by the | 621 |
court: | 622 |
(B) Upon the filing of a motion pursuant to division (A)
of | 635 |
this section, the court shall hold a dispositional hearing on
the | 636 |
date set at the dispositional hearing held pursuant to
section | 637 |
2151.35 of the Revised Code, with notice to all parties
to the | 638 |
action in accordance with the Juvenile Rules. After the | 639 |
dispositional hearing or at a date after the dispositional
hearing | 640 |
that is not later than one year after the earlier of the
date on | 641 |
which the complaint in the case was filed or the child
was first | 642 |
placed into shelter care, the court, in accordance with
the best | 643 |
interest of the child as supported by the evidence
presented at | 644 |
the dispositional hearing, shall issue an order of
disposition as | 645 |
set forth in division (A) of this section, except
that all orders | 646 |
for permanent custody shall be made in accordance
with sections | 647 |
2151.413 and 2151.414 of the Revised Code. In issuing an
order of | 648 |
disposition under this section, the court shall comply with | 649 |
section
2151.42 of the Revised Code. | 650 |
(C)(1) If an agency pursuant to division (A) of this
section | 651 |
requests the court to place a child into a planned permanent | 652 |
living
arrangement, the agency shall
present evidence to indicate | 653 |
why a planned permanent living arrangement
is appropriate
for the | 654 |
child, including, but not
limited to, evidence that the agency has | 655 |
tried or considered all
other possible dispositions for the child. | 656 |
A court shall not
place a child in a planned permanent living | 657 |
arrangement, unless it finds, by clear
and convincing evidence, | 658 |
that a planned
permanent living arrangement is in the
best | 659 |
interest of the child and that one of the following exists: | 660 |
(b) The parents of the child have significant physical, | 664 |
mental, or psychological problems and are unable to care for the | 665 |
child because of those problems, adoption is not in the best | 666 |
interest of the child, as determined in accordance with division | 667 |
(D)(1) of section 2151.414 of the Revised Code, and the child | 668 |
retains
a significant and positive relationship with a parent or | 669 |
relative; | 670 |
(D)(1) If an agency pursuant to division (A) of this
section | 683 |
requests the court to grant an extension of temporary
custody for | 684 |
a period of up to six months, the agency shall
include in the | 685 |
motion an explanation of the progress on the case
plan of the | 686 |
child and of its expectations of reunifying the child
with the | 687 |
child's family, or placing the child in a permanent
placement, | 688 |
within the extension period. The court shall schedule a hearing
on | 689 |
the motion, give notice of its date, time, and location to all | 690 |
parties and the guardian ad litem of the child, and at the
hearing | 691 |
consider the evidence presented by the parties and the
guardian ad | 692 |
litem. The court may extend the temporary custody
order of the | 693 |
child for a period of up to six months, if it
determines at the | 694 |
hearing, by clear and convincing evidence, that
the extension is | 695 |
in the best interest of the child, there has
been significant | 696 |
progress on the case plan of the child, and
there is reasonable | 697 |
cause to believe that the child will be
reunified with one of the | 698 |
parents or otherwise permanently
placed
within the period of | 699 |
extension. In determining whether to extend the
temporary custody | 700 |
of the child pursuant to this division, the court shall
comply | 701 |
with section 2151.42 of the Revised Code. If the court extends the | 702 |
temporary custody of the child pursuant to this division, upon | 703 |
request it shall issue findings of fact. | 704 |
(2) Prior to the end of the extension granted pursuant to | 705 |
division (D)(1) of this section, the agency that received the | 706 |
extension shall file a motion with the court requesting the | 707 |
issuance of one of the orders of disposition set forth in | 708 |
divisions (A)(1) to (5) of this section or requesting the court
to | 709 |
extend the temporary custody order of the child for an
additional | 710 |
period of up to six months. If the agency requests
the issuance of | 711 |
an order of disposition under divisions (A)(1) to
(5) of this | 712 |
section or does not file any motion prior to the
expiration of the | 713 |
extension period, the court shall conduct a
hearing in accordance | 714 |
with division (B) of this section and issue
an appropriate order | 715 |
of disposition. In issuing an order of disposition,
the court | 716 |
shall comply with section 2151.42 of the Revised Code. | 717 |
If the agency requests an additional extension of up to six | 718 |
months of the temporary custody order of the child, the court | 719 |
shall schedule and conduct a hearing in the manner set forth in | 720 |
division (D)(1) of this section. The court may extend the | 721 |
temporary custody order of the child for an additional period of | 722 |
up to six months if it determines at the hearing, by clear and | 723 |
convincing evidence, that the additional extension is in the best | 724 |
interest of the child, there has been substantial additional | 725 |
progress since the original extension of temporary custody in the | 726 |
case plan of the child, there has been substantial additional | 727 |
progress since the original extension of temporary custody toward | 728 |
reunifying the child with one of the parents or otherwise | 729 |
permanently placing the child, and there is reasonable cause to | 730 |
believe that the child will be reunified with one of the
parents | 731 |
or otherwise placed in a permanent setting before the expiration | 732 |
of the additional extension period. In determining whether to | 733 |
grant an
additional extension, the court shall comply with section | 734 |
2151.42
of the Revised Code. If the court extends the
temporary | 735 |
custody of the child for an additional period pursuant
to this | 736 |
division, upon request it shall issue findings of fact. | 737 |
(3) Prior to the end of the extension of a temporary
custody | 738 |
order granted pursuant to division (D)(2) of this
section, the | 739 |
agency that received the extension shall file a
motion with the | 740 |
court requesting the issuance of one of the
orders of disposition | 741 |
set forth in divisions (A)(1) to (5) of
this section. Upon the | 742 |
filing of the motion by the agency or, if
the agency does not file | 743 |
the motion prior to the expiration of
the extension period, upon | 744 |
its own motion, the court, prior to
the expiration of the | 745 |
extension period, shall conduct a hearing
in accordance with | 746 |
division (B) of this section and issue an
appropriate order of | 747 |
disposition. In issuing an order of disposition, the
court shall | 748 |
comply with section 2151.42 of the Revised Code. | 749 |
(4) No court shall grant an agency more than two
extensions | 750 |
of temporary custody pursuant to division (D) of this
section and | 751 |
the court shall not order an existing temporary custody order to | 752 |
continue beyond two years after the date on which the complaint | 753 |
was filed or the child was first placed into shelter care, | 754 |
whichever date is earlier, regardless of whether any extensions | 755 |
have been previously ordered pursuant to division (D) of this | 756 |
section. | 757 |
(E) After the issuance of an order pursuant to division
(B) | 758 |
of this section, the court shall retain jurisdiction over the | 759 |
child until the child attains the age of eighteen if the child is | 760 |
not mentally retarded, developmentally
disabled, or physically | 761 |
impaired, the child
attains the age
of twenty-one if the child is | 762 |
mentally
retarded, developmentally disabled, or physically | 763 |
impaired,
or the child is adopted and a final decree of adoption | 764 |
is issued,
unless the court's jurisdiction over the child is | 765 |
extended
pursuant to division (E) of section 2151.353 of the | 766 |
Revised Code. | 767 |
(F) The court, on its own motion or the motion of the
agency | 768 |
or person with legal custody of the child, the child's
guardian ad | 769 |
litem, or any other party to the action, may conduct
a hearing | 770 |
with notice to all parties to determine whether any
order issued | 771 |
pursuant to this section should be modified or
terminated or | 772 |
whether any other dispositional order set forth in
divisions | 773 |
(A)(1) to (5) of this section should be issued. After
the hearing | 774 |
and consideration of all the evidence presented, the
court, in | 775 |
accordance with the best interest of the child, may
modify or | 776 |
terminate any order issued pursuant to this section or
issue any | 777 |
dispositional order set forth in divisions (A)(1) to
(5) of this | 778 |
section. In rendering a decision under this division, the
court | 779 |
shall comply with section 2151.42 of the Revised Code. | 780 |
(G) If the court places a child in a planned
permanent living | 781 |
arrangement
with a public children services agency or a private | 782 |
child placing
agency pursuant to this section, the agency with | 783 |
which the child
is placed in a planned permanent living | 784 |
arrangement shall not remove the child
from the residential | 785 |
placement in which the child is originally
placed pursuant to the | 786 |
case plan for the child or in which the
child is placed with court | 787 |
approval pursuant to this division,
unless the court and the | 788 |
guardian ad litem are given notice of
the intended removal and the | 789 |
court issues an order approving the
removal or unless the removal | 790 |
is necessary to protect the child
from physical or emotional harm | 791 |
and the agency gives the court
notice of the removal and of the | 792 |
reasons why the removal is
necessary to protect the child from | 793 |
physical or emotional harm
immediately after the removal of the | 794 |
child from the prior
setting. | 795 |
(B) The department of job and family services shall prescribe | 819 |
an
application for a foster caregiver to use under division (A) of | 820 |
this section. The application shall not require that the foster | 821 |
caregiver provide any information the foster caregiver already | 822 |
provided the department, or undergo an inspection the foster | 823 |
caregiver already underwent, to obtain a foster home certificate | 824 |
under section 5103.03 of the Revised Code. | 825 |
(C) An agency that receives an application prescribed under | 826 |
division (B) of this section from a foster caregiver authorized to | 827 |
use the application shall not require, as a condition of the | 828 |
agency accepting
or approving the
application, that the foster | 829 |
caregiver undergo a criminal records check under
section 2151.86 | 830 |
of
the Revised Code as a prospective adoptive parent. The agency | 831 |
shall inform the foster caregiver, in accordance with division (G) | 832 |
of section 2151.86 of the Revised Code, that the foster caregiver | 833 |
must undergo the criminal records check before a court may issue a | 834 |
final
decree of adoption or interlocutory order of adoption under | 835 |
section 3107.14 of the Revised Code. | 836 |
A person seeking to adopt a minor who knowingly makes a false | 843 |
statement that is included in the written report of a home study | 844 |
conducted pursuant to this section is guilty of the offense of | 845 |
falsification under section 2921.13 of the Revised Code, and such | 846 |
a home study shall not be filed with the court. If such a home | 847 |
study is filed with the court, the court may strike the home study | 848 |
from the court's records. | 849 |
The report shall contain the opinion of the assessor as to | 850 |
whether the person
who is the subject of the report is suitable to | 851 |
adopt a minor, any multiple children assessment required under | 852 |
section 3107.032 of the Revised Code, and other
information and | 853 |
documents specified in rules adopted by the director
of job and | 854 |
family
services under
section 3107.033 of the Revised Code. The | 855 |
assessor shall not consider the
person's age when determining | 856 |
whether the person is suitable to adopt if the
person is old | 857 |
enough to adopt as provided by section 3107.03 of the Revised | 858 |
Code. | 859 |
Upon order of the court, the costs of the home study and | 866 |
other proceedings
shall be paid by the person seeking to adopt, | 867 |
and, if the home study is
conducted by a public agency or public | 868 |
employee, the part of the cost
representing any services and | 869 |
expenses shall be taxed as costs and paid into
the state treasury | 870 |
or county treasury, as the court may direct. | 871 |
(A) The manner in which a home study
is to be conducted and | 887 |
the
information and documents to be included in
a home study | 888 |
report, which shall include, pursuant to section 3107.034 of the | 889 |
Revised Code, a summary report of a search of the uniform | 890 |
statewide automated child welfare information system established | 891 |
in section 5101.13 of the Revised Code and a report of a check of | 892 |
a central registry of another state if a request for a check of a | 893 |
central registry of another state is required under division (A) | 894 |
of section 3107.034 of the Revised Code;. The director shall | 895 |
ensure
that rules adopted under this section align the home study | 896 |
content, time period, and process with any foster care home study | 897 |
content, time period, and process required by rules adopted under | 898 |
section 5103.03 of the Revised Code. | 899 |
(B) An agency or attorney, whichever arranges a minor's | 909 |
adoption,
shall file with the court a
preliminary estimate | 910 |
accounting not later than the time
the adoption petition for the | 911 |
minor is filed with the court. The agency or
attorney, whichever | 912 |
arranges the adoption, also shall file a
final accounting with the | 913 |
court before a final decree
of adoption is issued or an | 914 |
interlocutory order of adoption is finalized for
the minor. The | 915 |
agency or attorney shall complete and file
accountings in a manner | 916 |
acceptable to the court. | 917 |
An accounting shall specify all disbursements of anything of | 918 |
value
the petitioner, a person on the petitioner's behalf, and the | 919 |
agency or
attorney made and has agreed to make in connection with | 920 |
the
minor's permanent surrender under division (B) of section | 921 |
5103.15
of the Revised Code, placement under
section 5103.16 of | 922 |
the Revised Code, and adoption under
this chapter. The agency or | 923 |
attorney shall
include in an accounting an itemization of each | 924 |
expense listed in division
(C) of this section. The itemization
of | 925 |
the expenses specified in
divisions (C)(3) and (4) of this
section | 926 |
shall show the amount the
agency or attorney charged or is
going | 927 |
to
charge for the services and the actual cost to the agency
or | 928 |
attorney of providing the services. An accounting shall
indicate | 929 |
whether any expenses listed in division (C) of
this
section do not | 930 |
apply to the adoption proceeding for which
the
accounting is | 931 |
filed. | 932 |
(4) Expenses charged by the agency arranging the adoption
for | 952 |
providing
services in connection with the permanent surrender
and | 953 |
adoption, including
the agency's application fee and the
expenses | 954 |
incurred by the agency pursuant
to sections 3107.031, 3107.032, | 955 |
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the
Revised | 956 |
Code; | 957 |
(D) If a court determines from an accounting that an amount | 973 |
that
is going to be disbursed for an expense listed in division | 974 |
(C) of this section
is unreasonable, the court may order a | 975 |
reduction in the amount to be
disbursed. If a court determines | 976 |
from an accounting that an unreasonable
amount was disbursed for | 977 |
an expense
listed in division (C) of this section, the court may | 978 |
order the
person who received the disbursement to refund to the | 979 |
person who made the
disbursement an amount the court orders. | 980 |
If a court determines from an accounting that a disbursement | 981 |
for an expense
not permitted by division (C) of this section is | 982 |
going to be made,
the court may issue an injunction prohibiting | 983 |
the disbursement. If
a court determines from an accounting that a | 984 |
disbursement for an expense not permitted by division (C)
of this | 985 |
section was made, the court may order the person who received the | 986 |
disbursement to return it to the person who made the disbursement. | 987 |
(A) A parent of a minor, when it is alleged in the
adoption | 1034 |
petition and the court finds, after proper service of
notice and | 1035 |
hearing, finds by clear and convincing evidence
that the parent | 1036 |
has failed without
justifiable cause to
communicateprovide more | 1037 |
than de minimis contact with the
minor
or to provide
for
the | 1038 |
maintenance and support of
the minor
as
required by law or | 1039 |
judicial decree for a period of
at least
one
year immediately | 1040 |
preceding either the filing of the
adoption
petition or the | 1041 |
placement of the minor in the home of
the
petitioner. | 1042 |
(J) Any parent, legal guardian, or other lawful custodian
in | 1090 |
a foreign country, if the person to be adopted has been
released | 1091 |
for adoption pursuant to the laws of the country in
which the | 1092 |
person resides and the release of such person is in a
form that | 1093 |
satisfies the requirements of the immigration and
naturalization | 1094 |
service of the United States department of justice
for purposes of | 1095 |
immigration to the United States pursuant to
section 101(b)(1)(F) | 1096 |
of the "Immigration and Nationality Act,"
75 Stat. 650 (1961), 8 | 1097 |
U.S.C. 1101(b)(1)(F), as amended or
reenacted. | 1098 |
Sec. 3107.101. (A) Not later than seven days after
a minor | 1107 |
to be adopted is placed in a prospective adoptive home
pursuant | 1108 |
to section 5103.16 of the Revised Code, the assessor
providing | 1109 |
placement or post placement services in the prospective
adoptive | 1110 |
home shall conduct abegin monthly prospective adoptive home | 1111 |
visitvisits in that home, every thirty days, until the court | 1112 |
issues a final decree of adoption. During the prospective adoptive | 1113 |
home visits, the assessor shall evaluate the progression of the | 1114 |
placement in the prospective adoptive home. The assessor shall | 1115 |
include the evaluation in the prefinalization assessment required | 1116 |
under section 3107.12 of the Revised Code. | 1117 |
Sec. 3107.11. (A) After the filing of a petition to adopt
an | 1130 |
adult or a minor, the court shall fix a time and place for
hearing | 1131 |
the petition. The hearing may take place at any time
more
than | 1132 |
thirty days after the date on which the minor is placed
in
the | 1133 |
home of the petitioner. At least twenty days before the
date
of | 1134 |
hearing, notice of the filing of the petition and of the
time
and | 1135 |
place of hearing shall be given by the court to all of
the | 1136 |
following: | 1137 |
Notice shall not be given to a
person whose consent is not | 1146 |
required as provided by division
(B), (C), (D), (E), (F), or
(J) | 1147 |
of section 3107.07, or section 3107.071, of the Revised Code. | 1148 |
Second
notice shall not be given to a juvenile court, agency, or | 1149 |
person whose consent
is not required as provided by
division (K) | 1150 |
of section 3107.07 of the Revised Code
because the court, agency, | 1151 |
or person failed to file an objection to the
petition within | 1152 |
fourteen days after proof was filed pursuant to division
(B) of | 1153 |
this section that a first notice was
given to the court, agency, | 1154 |
or person pursuant to division
(A)(1) of this section. | 1155 |
"A FINAL DECREE OF ADOPTION, IF GRANTED, WILL RELIEVE YOU OF ALL | 1162 |
PARENTAL RIGHTS AND RESPONSIBILITIES, INCLUDING THE RIGHT TO | 1163 |
CONTACT THE MINOR, AND, EXCEPT WITH RESPECT TO A SPOUSE OF THE | 1164 |
ADOPTION PETITIONER AND RELATIVES OF THAT SPOUSE, TERMINATE ALL | 1165 |
LEGAL RELATIONSHIPS BETWEEN THE MINOR AND YOU AND THE MINOR'S | 1166 |
OTHER RELATIVES, SO THAT THE MINOR THEREAFTER IS A STRANGER TO YOU | 1167 |
AND THE MINOR'S FORMER RELATIVES FOR ALL PURPOSES. IF YOU WISH TO | 1168 |
CONTEST THE ADOPTION, YOU MUST FILE
AN OBJECTION TO THE PETITION | 1169 |
WITHIN FOURTEEN DAYS AFTER PROOF OF
SERVICE OF NOTICE OF THE | 1170 |
FILING OF THE PETITION AND OF THE TIME
AND PLACE OF HEARING IS | 1171 |
GIVEN TO YOU. IF YOU WISH TO CONTEST THE ADOPTION, YOU MUST ALSO | 1172 |
APPEAR AT THE
HEARING. A FINAL DECREE OF ADOPTION MAY BE ENTERED | 1173 |
IF YOU FAIL TO
FILE AN OBJECTION TO THE ADOPTION PETITION OR | 1174 |
APPEAR AT THE
HEARING." | 1175 |
|
(C) If, at the conclusion of the hearing, the court finds | 1187 |
that the required consents have been obtained or excused and that | 1188 |
the adoption is in the best interest of the person sought to be | 1189 |
adopted as supported by the evidence, it may issue, subject to | 1190 |
division
(C)(1)(a) of section 2151.86,
section 3107.064, and | 1191 |
division (E) of section 3107.09 of the Revised
Code, and any
other | 1192 |
limitations specified in this chapter, a final decree of adoption | 1193 |
or an
interlocutory
order of adoption, which by its own terms | 1194 |
automatically becomes a
final decree of adoption on a date | 1195 |
specified in the order, which,
except as provided in division (B) | 1196 |
of section 3107.13
of the Revised Code,
shall not be less than six | 1197 |
months or more than one year from the
date of issuance of the | 1198 |
orderthe person to be adopted is placed in the petitioner's home, | 1199 |
unless sooner vacated by the court
for good cause shown. In | 1200 |
determining whether the adoption is in the best
interest of the | 1201 |
person sought to be adopted, the court shall not consider the
age | 1202 |
of the petitioner if the petitioner is old enough to adopt as | 1203 |
provided by
section 3107.03 of the Revised Code. | 1204 |
(D) If the requirements for a decree under division (C) of | 1208 |
this section have not been satisfied or the court vacates an | 1209 |
interlocutory order of adoption, or if the court finds that a | 1210 |
person sought to be adopted was placed in the home of the | 1211 |
petitioner in violation of law, the court shall dismiss the | 1212 |
petition and may determine the agency or person to have temporary | 1213 |
or permanent custody of the person, which may include the agency | 1214 |
or person that had custody prior to the filing of the petition or | 1215 |
the petitioner, if the court finds it is in the best interest of | 1216 |
the person as supported by the evidence, or if the person is a | 1217 |
minor,
the court may certify the case to the juvenile court of the | 1218 |
county where the
minor is then residing for appropriate action and | 1219 |
disposition. | 1220 |
(B) An adopted person age eighteen or older, an adoptive | 1263 |
parent of an adopted person under age eighteen, or an adoptive | 1264 |
family member
of a deceased adopted person may submit a written | 1265 |
request to the agency or
attorney who arranged
the adopted | 1266 |
person's adoption, or the probate court that finalized the adopted | 1267 |
person's adoption, for the agency, attorney, or court to
provide | 1268 |
the adopted
person, adoptive parent, or adoptive family member | 1269 |
information about the
adopted person's birth parent
or birth | 1270 |
sibling contained in the agency's, attorney's, or
court's adoption | 1271 |
records that
is nonidentifying information. Except as provided in | 1272 |
division (C)
of this section, the agency, attorney, or court shall | 1273 |
provide the
adopted person, adoptive parent, or adoptive family | 1274 |
member
the information sought within a reasonable
amount of time. | 1275 |
The agency, attorney, or court may charge a
reasonable fee for | 1276 |
providing the information. | 1277 |
A birth parent of an adopted person eighteen years of age or | 1278 |
older, a birth sibling age eighteen or
older, or a birth family | 1279 |
member of a deceased birth parent may submit a
written request
to | 1280 |
the agency or attorney who arranged the adopted person's
adoption, | 1281 |
or the probate court that finalized the adoption, for
the agency, | 1282 |
attorney, or court to provide the birth parent,
birth sibling, or | 1283 |
birth family member information
about the adopted person or | 1284 |
adoptive parent contained in the agency's,
attorney's, or court's | 1285 |
adoption records
that is nonidentifying information. Except as | 1286 |
provided in division
(C) of this section, the agency, attorney, or | 1287 |
court
shall provide the
birth parent, birth sibling, or birth | 1288 |
family member the information sought
within a reasonable amount of | 1289 |
time. The agency, attorney, or
court may charge a reasonable fee | 1290 |
for providing the information. | 1291 |
(C) An agency or attorney that has permanently ceased to | 1292 |
arrange
adoptions is not subject to division (B) of this section. | 1293 |
If
the adoption records of such an agency or attorney are held by | 1294 |
a
probate court, person, or other governmental entity pursuant to | 1295 |
section 3107.67 of the Revised Code, the adopted person,
adoptive | 1296 |
parent, adoptive family member, birth parent, birth sibling, or | 1297 |
birth
family member may submit the
written request that otherwise | 1298 |
would be submitted to the agency or attorney
under division (B) of | 1299 |
this section to the
court, person, or other governmental entity | 1300 |
that holds the
records. On receipt of the request, the court, | 1301 |
person, or other governmental
entity shall provide the information | 1302 |
that the agency or attorney would have
been required to provide | 1303 |
within a reasonable amount of
time. The court, person, or other | 1304 |
governmental entity may charge a reasonable
fee for providing the | 1305 |
information. | 1306 |
(E) An agency, attorney, person, or other governmental | 1312 |
entity may classify any information described in division (B)(2) | 1313 |
of section 3107.60 of the Revised Code as identifying information | 1314 |
and deny the request made under division (B) or (C) of this | 1315 |
section if the agency, attorney, court, person, or other | 1316 |
governmental entity determines that the information could lead to | 1317 |
the identification of the adoptive parent. This determination | 1318 |
shall be done on a case-by-case basis. | 1319 |
Sec. 3317.024. In addition to the moneys paid to eligible | 1361 |
school districts pursuant to section
3317.022 of the Revised Code, | 1362 |
moneys
appropriated for the education programs in divisions (A) to | 1363 |
(I),
(K), (L), and (N) of this
section shall be
distributed to | 1364 |
school districts meeting
the requirements of
section 3317.01 of | 1365 |
the Revised Code;
in the case of divisions (G)
and (L) of this | 1366 |
section, to educational service centers as
provided in section | 1367 |
3317.11 of the Revised Code; in the case of
divisions (D) and (J) | 1368 |
of this section, to
county MR/DD
boards; in the case of division | 1369 |
(N)
of this section,
to joint
vocational school districts; in the | 1370 |
case of division (H) of this
section, to
cooperative education | 1371 |
school districts; and in the
case of division (M) of
this section, | 1372 |
to the institutions defined
under section 3317.082 of the
Revised | 1373 |
Code providing elementary or
secondary education programs to | 1374 |
children
other than children
receiving special education under | 1375 |
section 3323.091 of the
Revised
Code. The following shall be | 1376 |
distributed monthly, quarterly, or
annually as may be determined | 1377 |
by the state board of education: | 1378 |
(G) An amount for the approved cost of transporting
eligible | 1408 |
pupils with disabilities attending a special education program | 1409 |
approved by the department of education whom it is impossible or | 1410 |
impractical to transport by regular school bus in the course of | 1411 |
regular route transportation provided by the district or service | 1412 |
center. No district or service center is eligible to receive a | 1413 |
payment under this division for
the cost of transporting any pupil | 1414 |
whom it transports by regular
school bus and who is included in | 1415 |
the district's transportation
ADM. The state board of education | 1416 |
shall establish
standards and guidelines for use by the department | 1417 |
of education
in determining the approved cost of such | 1418 |
transportation for each
district or service center. | 1419 |
(L) An amount to each school district or educational service | 1445 |
center for the total number of gifted units approved pursuant to | 1446 |
section 3317.05 of the Revised Code. The amount for each such
unit | 1447 |
shall be the sum of the minimum salary for the teacher of
the | 1448 |
unit, calculated on the basis of the teacher's training
level and | 1449 |
years of experience pursuant to
the salary schedule prescribed in | 1450 |
the version of section 3317.13 of the Revised Code
in effect prior | 1451 |
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary | 1452 |
amount, plus two thousand six
hundred
seventy-eight
dollars. | 1453 |
(N) A grant to each school district and joint vocational | 1461 |
school
district that operates a "graduation, reality, and | 1462 |
dual-role skills"
(GRADS) program for pregnant and parenting | 1463 |
students that is
approved by the department. The amount of the | 1464 |
payment shall be the district's
state share
percentage, as defined | 1465 |
in section 3317.022 or 3317.16 of the
Revised Code, times the | 1466 |
GRADS
personnel allowance times the full-time-equivalent number of | 1467 |
GRADS
teachers approved by the department. The GRADS personnel | 1468 |
allowance is
$47,555 in fiscal
years
2008 and 2009.
The GRADS | 1469 |
program shall include instruction on adoption as an option for | 1470 |
unintended pregnancies. | 1471 |
The state board of education or any other board of
education | 1472 |
or governing board may provide for any resident of a district
or | 1473 |
educational service center territory any
educational service for | 1474 |
which funds are made available to the
board by the United States | 1475 |
under the authority of public law,
whether such funds come | 1476 |
directly or indirectly from the United
States or any agency or | 1477 |
department thereof or through the state
or any agency, department, | 1478 |
or political subdivision thereof. | 1479 |
Sec. 5103.03.
(A) The director of job
and family services | 1480 |
shall
adopt rules as
necessary for the adequate and
competent | 1481 |
management
of institutions or associations.
The director shall | 1482 |
ensure that foster care home study rules adopted under this | 1483 |
section align any home study content, time period, and process | 1484 |
with any
home study content, time period, and process required by | 1485 |
rules adopted
under section 3107.033 of the Revised Code. | 1486 |
(B)(1) Except for
facilities under the
control of
the | 1487 |
department of
youth services, places of detention
for children | 1488 |
established and maintained
pursuant to sections
2152.41 to
2152.44 | 1489 |
of the Revised Code, and child
day-care
centers subject
to Chapter | 1490 |
5104. of the Revised Code, the
department
of job and
family | 1491 |
services every two years shall pass
upon
the fitness of
every | 1492 |
institution and association that
receives, or desires to
receive | 1493 |
and care for
children, or places
children in private
homes. | 1494 |
(2) When the department of job and family services is | 1495 |
satisfied
as to
the care given such children, and that the | 1496 |
requirements of
the
statutes and rules covering the management of | 1497 |
such
institutions and
associations are being complied with, it | 1498 |
shall
issue to the institution or association a certificate to | 1499 |
that
effect. A
certificate is valid for two years, unless sooner | 1500 |
revoked by the department. When determining whether an
institution | 1501 |
or
association meets a particular requirement for
certification, | 1502 |
the
department may consider the institution or
association to have | 1503 |
met the requirement if the institution or
association
shows to the | 1504 |
department's satisfaction that it has met
a
comparable requirement | 1505 |
to be accredited by a nationally
recognized
accreditation | 1506 |
organization. | 1507 |
(5) The department shall not issue a certificate to a | 1516 |
prospective foster home or prospective specialized foster home | 1517 |
pursuant to this section if the prospective foster home or | 1518 |
prospective specialized foster home operates as a type A family | 1519 |
day-care home pursuant to Chapter 5104. of the Revised Code. The | 1520 |
department shall not issue a certificate to a prospective | 1521 |
specialized foster home if the prospective specialized foster home | 1522 |
operates a type B family day-care home pursuant to Chapter 5104. | 1523 |
of the Revised Code. | 1524 |
(D) Every two years, on a date specified by the department, | 1532 |
each
institution or association desiring certification or | 1533 |
recertification shall submit to the department a report showing | 1534 |
its condition, management, competency to care adequately for the | 1535 |
children who have been or may be committed to it or to whom it | 1536 |
provides care or services, the system of visitation it employs
for | 1537 |
children placed in private homes, and other information the | 1538 |
department requires. | 1539 |
(I) If both of the following are the case, the director of | 1563 |
job and family services may petition the court of common pleas of | 1564 |
any county in which an institution or association that holds a | 1565 |
certificate under this section operates for an order, and the | 1566 |
court may issue an order, preventing the institution or | 1567 |
association from receiving additional children into its care or an | 1568 |
order removing children from its care: | 1569 |
Every participating teen shall attend school in accordance | 1596 |
with the requirements
governing the LEAP program unless the | 1597 |
participating teen shows good cause for not
attending school. The | 1598 |
department shall provide, in addition to
the cash assistance | 1599 |
payment provided under Ohio works
first,
an incentive payment, in | 1600 |
an amount determined by the department,
to every participating | 1601 |
teen who
attends school in accordance with the requirements | 1602 |
governing the LEAP
program. In addition to the incentive payment, | 1603 |
the department may provide other incentives to participating teens | 1604 |
who attend school in accordance with the LEAP program's | 1605 |
requirements. The department shall reduce the cash assistance | 1606 |
payment, in an
amount determined by the department, under Ohio | 1607 |
works first to
every participating teen
who
fails or refuses, | 1608 |
without good cause, to meet the LEAP program's requirements. | 1609 |
Sec. 5153.122. Each PCSA caseworker hired after January 1, | 1633 |
2007, shall complete at least one hundred two hours of in-service | 1634 |
training
during the first year of the caseworker's continuous | 1635 |
employment as a PCSA caseworker, except that the executive | 1636 |
director of the public children services agency may waive the | 1637 |
training requirement for a school of social work graduate who | 1638 |
participated in the university partnership program described in | 1639 |
division (D)(E) of section 5101.141 of the Revised Code. The | 1640 |
training
shall consist of courses in recognizingall of the | 1641 |
following: | 1642 |
During the first two years of continuous employment as a PCSA | 1671 |
caseworker, each PCSA caseworker shall complete at least twelve | 1672 |
hours of training in recognizing the signs of domestic violence | 1673 |
and its relationship to child abuse as established in rules the | 1674 |
director of job and family services shall adopt pursuant to | 1675 |
Chapter 119. of the Revised Code. The twelve hours may be in | 1676 |
addition to the training required during the
caseworker's first | 1677 |
year of employment or part of the training required during the | 1678 |
second year of employment. | 1679 |
Section 2. That existing sections 2151.353, 2151.361, | 1680 |
2151.414, 2151.415, 3107.012, 3107.031, 3107.033, 3107.055, | 1681 |
3107.06, 3107.07,
3107.101,
3107.11, 3107.14, 3107.60, 3107.66, | 1682 |
3313.6011,
3317.024, 5103.03,
5107.30,
and 5153.122 of the | 1683 |
Revised Code
are hereby
repealed. | 1684 |
Section 3. The Director of Job and Family Services shall | 1685 |
establish a Child-Centered Recruitment Task Force. The Task Force | 1686 |
shall consist of the Director of Job and Family Services, adoption | 1687 |
professionals, and at least one professional from a public | 1688 |
children services agency, private noncustodial agency, and private | 1689 |
child placing agency. One member of the Task Force shall represent | 1690 |
an agency that has created, utilized, or is currently utilizing, | 1691 |
child-centered recruitment. Members of the Task Force shall serve | 1692 |
without compensation. | 1693 |
After compiling the procedures, models, or other relevant | 1702 |
information, the Task Force shall create a uniform child-centered | 1703 |
recruitment model based on the information compiled. The model | 1704 |
shall include recommendations for finding an adoptive family for | 1705 |
both of the following: (1) a child who has been in the custody of | 1706 |
a public children services agency for at least one year and (2) a | 1707 |
child who is nine years of age or older, in the custody of a | 1708 |
public children services agency, and does not have a potential | 1709 |
adoptive family identified. Not later than December 31, 2009, the | 1710 |
Task Force
shall disseminate the model to all public children | 1711 |
services
agencies, private noncustodial agencies, and private | 1712 |
child placing
agencies in this state. Upon dissemination of the | 1713 |
uniform
child-centered recruitment model, the Task Force shall | 1714 |
cease to
exist. | 1715 |