As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 213

Representatives Pelanda, Celebrezze 

Cosponsors: Representatives Blair, Thompson, Mallory, Strahorn, Grossman, Reece, Milkovich, Stebelton, Stinziano, Fedor 

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A BILL

To amend sections 2151.281, 2151.353, 2151.414,

1

2151.415, 2151.417, and 5103.162 of the Revised

2

Code to permit a court to grant a motion for

3

permanent custody of a child to a movant if the

4

child or another child in the custody of the

5

parent has been adjudicated an abused, neglected,

6

or dependent child on three separate occasions, to

7

require the court to appoint a guardian ad litem

8

in any proceeding concerning an alleged dependent

9

child, to require the guardian ad litem for an

10

alleged or adjudicated abused, neglected, or

11

dependent child to file any motions and other

12

court papers in accordance with rules adopted by

13

the Supreme Court, to require foster caregivers to

14

use a reasonable and prudent parent standard when

15

authorizing a foster child to participate in

16

activities, to exempt the caregiver from civil or

17

criminal liability that results from a foster

18

caregiver's or agency's decisions made in good

19

faith, and to limit the circumstances under which

20

a child is placed into a planned permanent living

21

arrangement.

22

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 2151.281, 2151.353, 2151.414,	23
2151.415, 2151.417, and 5103.162 of the Revised Code be amended to	24
read as follows:	25

Sec. 2151.281.  (A) The court shall appoint a guardian ad	26
litem, subject to rules adopted by the supreme court, to protect	27
the interest of a child in any proceeding concerning an alleged or	28
adjudicated delinquent child or unruly child when either of the	29
following applies:	30

(1) The child has no parent, guardian, or legal custodian.

31

(2) The court finds that there is a conflict of interest	32
between the child and the child's parent, guardian, or legal	33
custodian.	34

(B)(1) The court shall appoint a guardian ad litem, subject	35
to rules adopted by the supreme court, to protect the interest of	36
a child in any proceeding concerning an alleged abused or,	37
neglected, or dependent child and in any proceeding held pursuant	38
to section 2151.414 of the Revised Code. The guardian ad litem so	39
appointed shall not be the attorney responsible for presenting the	40
evidence alleging that the child is an abused or, neglected, or	41
dependent child and shall not be an employee of any party in the	42
proceeding.	43

(2) The guardian ad litem appointed for an alleged or	44
adjudicated abused or neglected child may bring a civil action	45
against any person who is required by division (A)(1) or (4) of	46
section 2151.421 of the Revised Code to file a report of child	47
abuse or child neglect that is known or reasonably suspected or	48
believed to have occurred if that person knows, or has reasonable	49
cause to suspect or believe based on facts that would cause a	50
reasonable person in a similar position to suspect or believe, as	51
applicable, that the child for whom the guardian ad litem is	52
appointed is the subject of child abuse or child neglect and does	53
not file the required report and if the child suffers any injury	54
or harm as a result of the child abuse or child neglect that is	55
known or reasonably suspected or believed to have occurred or	56
suffers additional injury or harm after the failure to file the	57
report.	58

(C) In any proceeding concerning an alleged or adjudicated	59
delinquent, unruly, abused, neglected, or dependent child in which	60
the parent appears to be mentally incompetent or is under eighteen	61
years of age, the court shall appoint a guardian ad litem to	62
protect the interest of that parent.	63

(D) The court shall require the guardian ad litem to	64
faithfully discharge the guardian ad litem's duties and, upon the	65
guardian ad litem's failure to faithfully discharge the guardian	66
ad litem's duties, shall discharge the guardian ad litem and	67
appoint another guardian ad litem. The court may fix the	68
compensation for the service of the guardian ad litem, which	69
compensation shall be paid from the treasury of the county,	70
subject to rules adopted by the supreme court.	71

(E) A parent who is eighteen years of age or older and not	72
mentally incompetent shall be deemed sui juris for the purpose of	73
any proceeding relative to a child of the parent who is alleged or	74
adjudicated to be an abused, neglected, or dependent child.	75

(F) In any case in which a parent of a child alleged or	76
adjudicated to be an abused, neglected, or dependent child is	77
under eighteen years of age, the parents of that parent shall be	78
summoned to appear at any hearing respecting the child, who is	79
alleged or adjudicated to be an abused, neglected, or dependent	80
child.	81

(G) In any case involving an alleged or adjudicated abused	82
or, neglected, or dependent child or an agreement for the	83
voluntary surrender of temporary or permanent custody of a child	84
that is made in accordance with section 5103.15 of the Revised	85
Code, the court shall appoint the guardian ad litem in each case	86
as soon as possible after the complaint is filed, the request for	87
an extension of the temporary custody agreement is filed with the	88
court, or the request for court approval of the permanent custody	89
agreement is filed. In any case involving an alleged dependent	90
child in which the parent of the child appears to be mentally	91
incompetent or is under eighteen years of age, there is a conflict	92
of interest between the child and the child's parents, guardian,	93
or custodian, or the court believes that the parent of the child	94
is not capable of representing the best interest of the child, the	95
court shall appoint a guardian ad litem for the child. The	96
guardian ad litem or the guardian ad litem's replacement shall	97
continue to serve until any of the following occur:	98

(1) The complaint is dismissed or the request for an	99
extension of a temporary custody agreement or for court approval	100
of the permanent custody agreement is withdrawn or denied;	101

(2) All dispositional orders relative to the child have	102
terminated;	103

(3) The legal custody of the child is granted to a relative	104
of the child, or to another person;	105

(4) The child is placed in an adoptive home or, at the	106
court's discretion, a final decree of adoption is issued with	107
respect to the child;	108

(5) The child reaches the age of eighteen if the child is not	109
mentally retarded, developmentally disabled, or physically	110
impaired or the child reaches the age of twenty-one if the child	111
is mentally retarded, developmentally disabled, or physically	112
impaired;	113

(6) The guardian ad litem resigns or is removed by the court	114
and a replacement is appointed by the court.	115

If a guardian ad litem ceases to serve a child pursuant to	116
division (G)(4) of this section and the petition for adoption with	117
respect to the child is denied or withdrawn prior to the issuance	118
of a final decree of adoption or prior to the date an	119
interlocutory order of adoption becomes final, the juvenile court	120
shall reappoint a guardian ad litem for that child. The public	121
children services agency or private child placing agency with	122
permanent custody of the child shall notify the juvenile court if	123
the petition for adoption is denied or withdrawn.	124

(H) If the guardian ad litem for an alleged or adjudicated	125
abused, neglected, or dependent child is an attorney admitted to	126
the practice of law in this state, the guardian ad litem also may	127
serve as counsel to the ward. Until the supreme court adopts rules	128
regarding service as a guardian ad litem that regulate conflicts	129
between a person's role as guardian ad litem and as counsel, if a	130
person is serving as guardian ad litem and counsel for a child and	131
either that person or the court finds that a conflict may exist	132
between the person's roles as guardian ad litem and as counsel,	133
the court shall relieve the person of duties as guardian ad litem	134
and appoint someone else as guardian ad litem for the child. If	135
the court appoints a person who is not an attorney admitted to the	136
practice of law in this state to be a guardian ad litem, the court	137
also may appoint an attorney admitted to the practice of law in	138
this state to serve as counsel for the guardian ad litem.	139

(I) The guardian ad litem for an alleged or adjudicated	140
abused, neglected, or dependent child shall perform whatever	141
functions are necessary to protect the best interest of the child,	142
including, but not limited to, investigation, mediation,	143
monitoring court proceedings, and monitoring the services provided	144
the child by the public children services agency or private child	145
placing agency that has temporary or permanent custody of the	146
child, and shall file any motions and other court papers that are	147
in the best interest of the child in accordance with rules adopted	148
by the supreme court.	149

The guardian ad litem shall be given notice of all hearings,	150
administrative reviews, and other proceedings in the same manner	151
as notice is given to parties to the action.	152

(J)(1) When the court appoints a guardian ad litem pursuant	153
to this section, it shall appoint a qualified volunteer or court	154
appointed special advocate whenever one is available and the	155
appointment is appropriate.	156

(2) Upon request, the department of job and family services	157
shall provide for the training of volunteer guardians ad litem.	158

Sec. 2151.353.  (A) If a child is adjudicated an abused,	159
neglected, or dependent child, the court may make any of the	160
following orders of disposition:	161

(1) Place the child in protective supervision;

162

(2) Commit the child to the temporary custody of a public	163
children services agency, a private child placing agency, either	164
parent, a relative residing within or outside the state, or a	165
probation officer for placement in a certified foster home, or in	166
any other home approved by the court;	167

(3) Award legal custody of the child to either parent or to	168
any other person who, prior to the dispositional hearing, files a	169
motion requesting legal custody of the child or is identified as a	170
proposed legal custodian in a complaint or motion filed prior to	171
the dispositional hearing by any party to the proceedings. A	172
person identified in a complaint or motion filed by a party to the	173
proceedings as a proposed legal custodian shall be awarded legal	174
custody of the child only if the person identified signs a	175
statement of understanding for legal custody that contains at	176
least the following provisions:	177

(a) That it is the intent of the person to become the legal	178
custodian of the child and the person is able to assume legal	179
responsibility for the care and supervision of the child;	180

(b) That the person understands that legal custody of the	181
child in question is intended to be permanent in nature and that	182
the person will be responsible as the custodian for the child	183
until the child reaches the age of majority. Responsibility as	184
custodian for the child shall continue beyond the age of majority	185
if, at the time the child reaches the age of majority, the child	186
is pursuing a diploma granted by the board of education or other	187
governing authority, successful completion of the curriculum of	188
any high school, successful completion of an individualized	189
education program developed for the student by any high school, or	190
an age and schooling certificate. Responsibility beyond the age of	191
majority shall terminate when the child ceases to continuously	192
pursue such an education, completes such an education, or is	193
excused from such an education under standards adopted by the	194
state board of education, whichever occurs first.	195

(c) That the parents of the child have residual parental	196
rights, privileges, and responsibilities, including, but not	197
limited to, the privilege of reasonable visitation, consent to	198
adoption, the privilege to determine the child's religious	199
affiliation, and the responsibility for support;	200

(d) That the person understands that the person must be	201
present in court for the dispositional hearing in order to affirm	202
the person's intention to become legal custodian, to affirm that	203
the person understands the effect of the custodianship before the	204
court, and to answer any questions that the court or any parties	205
to the case may have.	206

(4) Commit the child to the permanent custody of a public	207
children services agency or private child placing agency, if the	208
court determines in accordance with division (E) of section	209
2151.414 of the Revised Code that the child cannot be placed with	210
one of the child's parents within a reasonable time or should not	211
be placed with either parent and determines in accordance with	212
division (D)(1) of section 2151.414 of the Revised Code that the	213
permanent commitment is in the best interest of the child. If the	214
court grants permanent custody under this division, the court,	215
upon the request of any party, shall file a written opinion	216
setting forth its findings of fact and conclusions of law in	217
relation to the proceeding.	218

(5) Place the child in a planned permanent living arrangement	219
with a public children services agency or private child placing	220
agency, if a public children services agency or private child	221
placing agency requests the court to place the child in a planned	222
permanent living arrangement and if the court finds, by clear and	223
convincing evidence, that a planned permanent living arrangement	224
is in the best interest of the child and that one of the following	225
exists:	226

(a) The child, because of physical, mental, or psychological	227
problems or needs, is unable to function in a family-like setting	228
and must remain in residential or institutional care now and for	229
the foreseeable future beyond the date of the dispositional	230
hearing held pursuant to section 2151.35 of the Revised Code.	231

(b) The child is sixteen years of age or older, the parents	232
of the child have significant physical, mental, or psychological	233
problems and are unable to care for the child because of those	234
problems, adoption is not in the best interest of the child, as	235
determined in accordance with division (D)(1) of section 2151.414	236
of the Revised Code, and the child retains a significant and	237
positive relationship with a parent or relative.	238

(c) The child is sixteen years of age or older, has been	239
counseled on the permanent placement options available to the	240
child, and is unwilling to accept or unable to adapt to a	241
permanent placement, and is in an agency program preparing the	242
child for independent living.	243

(6) Order the removal from the child's home until further	244
order of the court of the person who committed abuse as described	245
in section 2151.031 of the Revised Code against the child, who	246
caused or allowed the child to suffer neglect as described in	247
section 2151.03 of the Revised Code, or who is the parent,	248
guardian, or custodian of a child who is adjudicated a dependent	249
child and order any person not to have contact with the child or	250
the child's siblings.	251

(B)(1) When making a determination on whether to place a	252
child in a planned permanent living arrangement pursuant to	253
division (A)(5)(b) or (c) of this section, the court shall	254
consider all relevant information that has been presented to the	255
court, including information gathered from the child, the child's	256
guardian ad litem, or the public children services agency or	257
private child placing agency.	258

(2) A child who is placed in a planned permanent living	259
arrangement pursuant to division (A)(5)(b) or (c) of this section	260
shall be placed in an independent living setting or in a family	261
setting in which the caregiver has signed a statement of	262
understanding of a planned permanent living arrangement that	263
addresses the following:	264

(a) The caregiver understands that the planned permanent	265
living arrangement is intended to be permanent in nature and that	266
the caregiver will be responsible for the child through the	267
child's emancipation or until the court releases the child from	268
the custody of the agency, whichever occurs first.	269

(b) The caregiver pledges the caregiver will actively	270
participate in the youth's independent living case plan, attend	271
agency team meetings and court hearings as appropriate, and assist	272
in the child's transition into adulthood.	273

(C) No order for permanent custody or temporary custody of a	274
child or the placement of a child in a planned permanent living	275
arrangement shall be made pursuant to this section unless the	276
complaint alleging the abuse, neglect, or dependency contains a	277
prayer requesting permanent custody, temporary custody, or the	278
placement of the child in a planned permanent living arrangement	279
as desired, the summons served on the parents of the child	280
contains as is appropriate a full explanation that the granting of	281
an order for permanent custody permanently divests them of their	282
parental rights, a full explanation that an adjudication that the	283
child is an abused, neglected, or dependent child may result in an	284
order of temporary custody that will cause the removal of the	285
child from their legal custody until the court terminates the	286
order of temporary custody or permanently divests the parents of	287
their parental rights, or a full explanation that the granting of	288
an order for a planned permanent living arrangement will result in	289
the removal of the child from their legal custody if any of the	290
conditions listed in divisions (A)(5)(a) to (c) of this section	291
are found to exist, and the summons served on the parents contains	292
a full explanation of their right to be represented by counsel and	293
to have counsel appointed pursuant to Chapter 120. of the Revised	294
Code if they are indigent.	295

If after making disposition as authorized by division (A)(2)	296
of this section, a motion is filed that requests permanent custody	297
of the child, the court may grant permanent custody of the child	298
to the movant in accordance with section 2151.414 of the Revised	299
Code.	300

(C)(D) If the court issues an order for protective	301
supervision pursuant to division (A)(1) of this section, the court	302
may place any reasonable restrictions upon the child, the child's	303
parents, guardian, or custodian, or any other person, including,	304
but not limited to, any of the following:	305

(1) Order a party, within forty-eight hours after the	306
issuance of the order, to vacate the child's home indefinitely or	307
for a specified period of time;	308

(2) Order a party, a parent of the child, or a physical	309
custodian of the child to prevent any particular person from	310
having contact with the child;	311

(3) Issue an order restraining or otherwise controlling the	312
conduct of any person which conduct would not be in the best	313
interest of the child.	314

(D)(E) As part of its dispositional order, the court shall	315
journalize a case plan for the child. The journalized case plan	316
shall not be changed except as provided in section 2151.412 of the	317
Revised Code.	318

(E)(F)(1) The court shall retain jurisdiction over any child	319
for whom the court issues an order of disposition pursuant to	320
division (A) of this section or pursuant to section 2151.414 or	321
2151.415 of the Revised Code until the child attains the age of	322
eighteen years if the child is not mentally retarded,	323
developmentally disabled, or physically impaired, the child	324
attains the age of twenty-one years if the child is mentally	325
retarded, developmentally disabled, or physically impaired, or the	326
child is adopted and a final decree of adoption is issued, except	327
that the court may retain jurisdiction over the child and continue	328
any order of disposition under division (A) of this section or	329
under section 2151.414 or 2151.415 of the Revised Code for a	330
specified period of time to enable the child to graduate from high	331
school or vocational school. The court shall make an entry	332
continuing its jurisdiction under this division in the journal.	333

(2) Any public children services agency, any private child	334
placing agency, the department of job and family services, or any	335
party, other than any parent whose parental rights with respect to	336
the child have been terminated pursuant to an order issued under	337
division (A)(4) of this section, by filing a motion with the	338
court, may at any time request the court to modify or terminate	339
any order of disposition issued pursuant to division (A) of this	340
section or section 2151.414 or 2151.415 of the Revised Code. The	341
court shall hold a hearing upon the motion as if the hearing were	342
the original dispositional hearing and shall give all parties to	343
the action and the guardian ad litem notice of the hearing	344
pursuant to the Juvenile Rules. If applicable, the court shall	345
comply with section 2151.42 of the Revised Code.	346

(F)(G) Any temporary custody order issued pursuant to	347
division (A) of this section shall terminate one year after the	348
earlier of the date on which the complaint in the case was filed	349
or the child was first placed into shelter care, except that, upon	350
the filing of a motion pursuant to section 2151.415 of the Revised	351
Code, the temporary custody order shall continue and not terminate	352
until the court issues a dispositional order under that section.	353
In resolving the motion, the court shall not order an existing	354
temporary custody order to continue beyond two years after the	355
date on which the complaint was filed or the child was first	356
placed into shelter care, whichever date is earlier, regardless of	357
whether any extensions have been previously ordered pursuant to	358
division (D) of section 2151.415 of the Revised Code.	359

(G)(H)(1) No later than one year after the earlier of the	360
date the complaint in the case was filed or the child was first	361
placed in shelter care, a party may ask the court to extend an	362
order for protective supervision for six months or to terminate	363
the order. A party requesting extension or termination of the	364
order shall file a written request for the extension or	365
termination with the court and give notice of the proposed	366
extension or termination in writing before the end of the day	367
after the day of filing it to all parties and the child's guardian	368
ad litem. If a public children services agency or private child	369
placing agency requests termination of the order, the agency shall	370
file a written status report setting out the facts supporting	371
termination of the order at the time it files the request with the	372
court. If no party requests extension or termination of the order,	373
the court shall notify the parties that the court will extend the	374
order for six months or terminate it and that it may do so without	375
a hearing unless one of the parties requests a hearing. All	376
parties and the guardian ad litem shall have seven days from the	377
date a notice is sent pursuant to this division to object to and	378
request a hearing on the proposed extension or termination.	379

(a) If it receives a timely request for a hearing, the court	380
shall schedule a hearing to be held no later than thirty days	381
after the request is received by the court. The court shall give	382
notice of the date, time, and location of the hearing to all	383
parties and the guardian ad litem. At the hearing, the court shall	384
determine whether extension or termination of the order is in the	385
child's best interest. If termination is in the child's best	386
interest, the court shall terminate the order. If extension is in	387
the child's best interest, the court shall extend the order for	388
six months.	389

(b) If it does not receive a timely request for a hearing,	390
the court may extend the order for six months or terminate it	391
without a hearing and shall journalize the order of extension or	392
termination not later than fourteen days after receiving the	393
request for extension or termination or after the date the court	394
notifies the parties that it will extend or terminate the order.	395
If the court does not extend or terminate the order, it shall	396
schedule a hearing to be held no later than thirty days after the	397
expiration of the applicable fourteen-day time period and give	398
notice of the date, time, and location of the hearing to all	399
parties and the child's guardian ad litem. At the hearing, the	400
court shall determine whether extension or termination of the	401
order is in the child's best interest. If termination is in the	402
child's best interest, the court shall terminate the order. If	403
extension is in the child's best interest, the court shall issue	404
an order extending the order for protective supervision six	405
months.	406

(2) If the court grants an extension of the order for	407
protective supervision pursuant to division (G)(H)(1) of this	408
section, a party may, prior to termination of the extension, file	409
with the court a request for an additional extension of six months	410
or for termination of the order. The court and the parties shall	411
comply with division (G)(H)(1) of this section with respect to	412
extending or terminating the order.	413

(3) If a court grants an extension pursuant to division	414
(G)(H)(2) of this section, the court shall terminate the order for	415
protective supervision at the end of the extension.	416

(H)(I) The court shall not issue a dispositional order	417
pursuant to division (A) of this section that removes a child from	418
the child's home unless the court complies with section 2151.419	419
of the Revised Code and includes in the dispositional order the	420
findings of fact required by that section.	421

(I)(J) If a motion or application for an order described in	422
division (A)(6) of this section is made, the court shall not issue	423
the order unless, prior to the issuance of the order, it provides	424
to the person all of the following:	425

(1) Notice and a copy of the motion or application;

426

(2) The grounds for the motion or application;

427

(3) An opportunity to present evidence and witnesses at a	428
hearing regarding the motion or application;	429

(4) An opportunity to be represented by counsel at the	430
hearing.	431

(J)(K) The jurisdiction of the court shall terminate one year	432
after the date of the award or, if the court takes any further	433
action in the matter subsequent to the award, the date of the	434
latest further action subsequent to the award, if the court awards	435
legal custody of a child to either of the following:	436

(1) A legal custodian who, at the time of the award of legal	437
custody, resides in a county of this state other than the county	438
in which the court is located;	439

(2) A legal custodian who resides in the county in which the	440
court is located at the time of the award of legal custody, but	441
moves to a different county of this state prior to one year after	442
the date of the award or, if the court takes any further action in	443
the matter subsequent to the award, one year after the date of the	444
latest further action subsequent to the award.	445

The court in the county in which the legal custodian resides	446
then shall have jurisdiction in the matter.	447

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	448
to section 2151.413 of the Revised Code for permanent custody of a	449
child, the court shall schedule a hearing and give notice of the	450
filing of the motion and of the hearing, in accordance with	451
section 2151.29 of the Revised Code, to all parties to the action	452
and to the child's guardian ad litem. The notice also shall	453
contain a full explanation that the granting of permanent custody	454
permanently divests the parents of their parental rights, a full	455
explanation of their right to be represented by counsel and to	456
have counsel appointed pursuant to Chapter 120. of the Revised	457
Code if they are indigent, and the name and telephone number of	458
the court employee designated by the court pursuant to section	459
2151.314 of the Revised Code to arrange for the prompt appointment	460
of counsel for indigent persons.	461

The court shall conduct a hearing in accordance with section	462
2151.35 of the Revised Code to determine if it is in the best	463
interest of the child to permanently terminate parental rights and	464
grant permanent custody to the agency that filed the motion. The	465
adjudication that the child is an abused, neglected, or dependent	466
child and any dispositional order that has been issued in the case	467
under section 2151.353 of the Revised Code pursuant to the	468
adjudication shall not be readjudicated at the hearing and shall	469
not be affected by a denial of the motion for permanent custody.	470

(2) The court shall hold the hearing scheduled pursuant to	471
division (A)(1) of this section not later than one hundred twenty	472
days after the agency files the motion for permanent custody,	473
except that, for good cause shown, the court may continue the	474
hearing for a reasonable period of time beyond the	475
one-hundred-twenty-day deadline. The court shall issue an order	476
that grants, denies, or otherwise disposes of the motion for	477
permanent custody, and journalize the order, not later than two	478
hundred days after the agency files the motion.	479

If a motion is made under division (D)(2) of section 2151.413	480
of the Revised Code and no dispositional hearing has been held in	481
the case, the court may hear the motion in the dispositional	482
hearing required by division (B) of section 2151.35 of the Revised	483
Code. If the court issues an order pursuant to section 2151.353 of	484
the Revised Code granting permanent custody of the child to the	485
agency, the court shall immediately dismiss the motion made under	486
division (D)(2) of section 2151.413 of the Revised Code.	487

The failure of the court to comply with the time periods set	488
forth in division (A)(2) of this section does not affect the	489
authority of the court to issue any order under this chapter and	490
does not provide any basis for attacking the jurisdiction of the	491
court or the validity of any order of the court.	492

(B)(1) Except as provided in division (B)(2) of this section,	493
the court may grant permanent custody of a child to a movant if	494
the court determines at the hearing held pursuant to division (A)	495
of this section, by clear and convincing evidence, that it is in	496
the best interest of the child to grant permanent custody of the	497
child to the agency that filed the motion for permanent custody	498
and that any of the following apply:	499

(a) The child is not abandoned or orphaned, has not been in	500
the temporary custody of one or more public children services	501
agencies or private child placing agencies for twelve or more	502
months of a consecutive twenty-two-month period, or has not been	503
in the temporary custody of one or more public children services	504
agencies or private child placing agencies for twelve or more	505
months of a consecutive twenty-two-month period if, as described	506
in division (D)(1) of section 2151.413 of the Revised Code, the	507
child was previously in the temporary custody of an equivalent	508
agency in another state, and the child cannot be placed with	509
either of the child's parents within a reasonable time or should	510
not be placed with the child's parents.	511

(b) The child is abandoned.

512

(c) The child is orphaned, and there are no relatives of the	513
child who are able to take permanent custody.	514

(d) The child has been in the temporary custody of one or	515
more public children services agencies or private child placing	516
agencies for twelve or more months of a consecutive	517
twenty-two-month period, or the child has been in the temporary	518
custody of one or more public children services agencies or	519
private child placing agencies for twelve or more months of a	520
consecutive twenty-two-month period and, as described in division	521
(D)(1) of section 2151.413 of the Revised Code, the child was	522
previously in the temporary custody of an equivalent agency in	523
another state.	524

(e) The child or another child in the custody of the parent	525
or parents from whose custody the child has been removed has been	526
adjudicated an abused, neglected, or dependent child on three	527
separate occasions by any court in this state or another state.	528

For the purposes of division (B)(1) of this section, a child	529
shall be considered to have entered the temporary custody of an	530
agency on the earlier of the date the child is adjudicated	531
pursuant to section 2151.28 of the Revised Code or the date that	532
is sixty days after the removal of the child from home.	533

(2) With respect to a motion made pursuant to division (D)(2)	534
of section 2151.413 of the Revised Code, the court shall grant	535
permanent custody of the child to the movant if the court	536
determines in accordance with division (E) of this section that	537
the child cannot be placed with one of the child's parents within	538
a reasonable time or should not be placed with either parent and	539
determines in accordance with division (D) of this section that	540
permanent custody is in the child's best interest.	541

(C) In making the determinations required by this section or	542
division (A)(4) of section 2151.353 of the Revised Code, a court	543
shall not consider the effect the granting of permanent custody to	544
the agency would have upon any parent of the child. A written	545
report of the guardian ad litem of the child shall be submitted to	546
the court prior to or at the time of the hearing held pursuant to	547
division (A) of this section or section 2151.35 of the Revised	548
Code but shall not be submitted under oath.	549

If the court grants permanent custody of a child to a movant	550
under this division, the court, upon the request of any party,	551
shall file a written opinion setting forth its findings of fact	552
and conclusions of law in relation to the proceeding. The court	553
shall not deny an agency's motion for permanent custody solely	554
because the agency failed to implement any particular aspect of	555
the child's case plan.	556

(D)(1) In determining the best interest of a child at a	557
hearing held pursuant to division (A) of this section or for the	558
purposes of division (A)(4) or (5) of section 2151.353 or division	559
(C) of section 2151.415 of the Revised Code, the court shall	560
consider all relevant factors, including, but not limited to, the	561
following:	562

(a) The interaction and interrelationship of the child with	563
the child's parents, siblings, relatives, foster caregivers and	564
out-of-home providers, and any other person who may significantly	565
affect the child;	566

(b) The wishes of the child, as expressed directly by the	567
child or through the child's guardian ad litem, with due regard	568
for the maturity of the child;	569

(c) The custodial history of the child, including whether the	570
child has been in the temporary custody of one or more public	571
children services agencies or private child placing agencies for	572
twelve or more months of a consecutive twenty-two-month period, or	573
the child has been in the temporary custody of one or more public	574
children services agencies or private child placing agencies for	575
twelve or more months of a consecutive twenty-two-month period	576
and, as described in division (D)(1) of section 2151.413 of the	577
Revised Code, the child was previously in the temporary custody of	578
an equivalent agency in another state;	579

(d) The child's need for a legally secure permanent placement	580
and whether that type of placement can be achieved without a grant	581
of permanent custody to the agency;	582

(e) Whether any of the factors in divisions (E)(7) to (11) of	583
this section apply in relation to the parents and child.	584

For the purposes of division (D)(1) of this section, a child	585
shall be considered to have entered the temporary custody of an	586
agency on the earlier of the date the child is adjudicated	587
pursuant to section 2151.28 of the Revised Code or the date that	588
is sixty days after the removal of the child from home.	589

(2) If all of the following apply, permanent custody is in	590
the best interest of the child and the court shall commit the	591
child to the permanent custody of a public children services	592
agency or private child placing agency:	593

(a) The court determines by clear and convincing evidence	594
that one or more of the factors in division (E) of this section	595
exist and the child cannot be placed with one of the child's	596
parents within a reasonable time or should not be placed with	597
either parent.	598

(b) The child has been in an agency's custody for two years	599
or longer, and no longer qualifies for temporary custody pursuant	600
to division (D) of section 2151.415 of the Revised Code.	601

(c) The child does not meet the requirements for a planned	602
permanent living arrangement pursuant to division (A)(5) of	603
section 2151.353 of the Revised Code.	604

(d) Prior to the dispositional hearing, no relative or other	605
interested person has filed, or has been identified in, a motion	606
for legal custody of the child.	607

(E) In determining at a hearing held pursuant to division (A)	608
of this section or for the purposes of division (A)(4) of section	609
2151.353 of the Revised Code whether a child cannot be placed with	610
either parent within a reasonable period of time or should not be	611
placed with the parents, the court shall consider all relevant	612
evidence. If the court determines, by clear and convincing	613
evidence, at a hearing held pursuant to division (A) of this	614
section or for the purposes of division (A)(4) of section 2151.353	615
of the Revised Code that one or more of the following exist as to	616
each of the child's parents, the court shall enter a finding that	617
the child cannot be placed with either parent within a reasonable	618
time or should not be placed with either parent:	619

(1) Following the placement of the child outside the child's	620
home and notwithstanding reasonable case planning and diligent	621
efforts by the agency to assist the parents to remedy the problems	622
that initially caused the child to be placed outside the home, the	623
parent has failed continuously and repeatedly to substantially	624
remedy the conditions causing the child to be placed outside the	625
child's home. In determining whether the parents have	626
substantially remedied those conditions, the court shall consider	627
parental utilization of medical, psychiatric, psychological, and	628
other social and rehabilitative services and material resources	629
that were made available to the parents for the purpose of	630
changing parental conduct to allow them to resume and maintain	631
parental duties.	632

(2) Chronic mental illness, chronic emotional illness, mental	633
retardation, physical disability, or chemical dependency of the	634
parent that is so severe that it makes the parent unable to	635
provide an adequate permanent home for the child at the present	636
time and, as anticipated, within one year after the court holds	637
the hearing pursuant to division (A) of this section or for the	638
purposes of division (A)(4) of section 2151.353 of the Revised	639
Code;	640

(3) The parent committed any abuse as described in section	641
2151.031 of the Revised Code against the child, caused the child	642
to suffer any neglect as described in section 2151.03 of the	643
Revised Code, or allowed the child to suffer any neglect as	644
described in section 2151.03 of the Revised Code between the date	645
that the original complaint alleging abuse or neglect was filed	646
and the date of the filing of the motion for permanent custody;	647

(4) The parent has demonstrated a lack of commitment toward	648
the child by failing to regularly support, visit, or communicate	649
with the child when able to do so, or by other actions showing an	650
unwillingness to provide an adequate permanent home for the child;	651

(5) The parent is incarcerated for an offense committed	652
against the child or a sibling of the child;	653

(6) The parent has been convicted of or pleaded guilty to an	654
offense under division (A) or (C) of section 2919.22 or under	655
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	656
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	657
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	658
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	659
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	660
Revised Code and the child or a sibling of the child was a victim	661
of the offense or the parent has been convicted of or pleaded	662
guilty to an offense under section 2903.04 of the Revised Code, a	663
sibling of the child was the victim of the offense, and the parent	664
who committed the offense poses an ongoing danger to the child or	665
a sibling of the child.	666

(7) The parent has been convicted of or pleaded guilty to one	667
of the following:	668

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	669
the Revised Code or under an existing or former law of this state,	670
any other state, or the United States that is substantially	671
equivalent to an offense described in those sections and the	672
victim of the offense was a sibling of the child or the victim was	673
another child who lived in the parent's household at the time of	674
the offense;	675

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	676
the Revised Code or under an existing or former law of this state,	677
any other state, or the United States that is substantially	678
equivalent to an offense described in those sections and the	679
victim of the offense is the child, a sibling of the child, or	680
another child who lived in the parent's household at the time of	681
the offense;	682

(c) An offense under division (B)(2) of section 2919.22 of	683
the Revised Code or under an existing or former law of this state,	684
any other state, or the United States that is substantially	685
equivalent to the offense described in that section and the child,	686
a sibling of the child, or another child who lived in the parent's	687
household at the time of the offense is the victim of the offense;	688

(d) An offense under section 2907.02, 2907.03, 2907.04,	689
2907.05, or 2907.06 of the Revised Code or under an existing or	690
former law of this state, any other state, or the United States	691
that is substantially equivalent to an offense described in those	692
sections and the victim of the offense is the child, a sibling of	693
the child, or another child who lived in the parent's household at	694
the time of the offense;	695

(e) A conspiracy or attempt to commit, or complicity in	696
committing, an offense described in division (E)(7)(a) or (d) of	697
this section.	698

(8) The parent has repeatedly withheld medical treatment or	699
food from the child when the parent has the means to provide the	700
treatment or food, and, in the case of withheld medical treatment,	701
the parent withheld it for a purpose other than to treat the	702
physical or mental illness or defect of the child by spiritual	703
means through prayer alone in accordance with the tenets of a	704
recognized religious body.	705

(9) The parent has placed the child at substantial risk of	706
harm two or more times due to alcohol or drug abuse and has	707
rejected treatment two or more times or refused to participate in	708
further treatment two or more times after a case plan issued	709
pursuant to section 2151.412 of the Revised Code requiring	710
treatment of the parent was journalized as part of a dispositional	711
order issued with respect to the child or an order was issued by	712
any other court requiring treatment of the parent.	713

(10) The parent has abandoned the child.

714

(11) The parent has had parental rights involuntarily	715
terminated with respect to a sibling of the child pursuant to this	716
section or section 2151.353 or 2151.415 of the Revised Code, or	717
under an existing or former law of this state, any other state, or	718
the United States that is substantially equivalent to those	719
sections, and the parent has failed to provide clear and	720
convincing evidence to prove that, notwithstanding the prior	721
termination, the parent can provide a legally secure permanent	722
placement and adequate care for the health, welfare, and safety of	723
the child.	724

(12) The parent is incarcerated at the time of the filing of	725
the motion for permanent custody or the dispositional hearing of	726
the child and will not be available to care for the child for at	727
least eighteen months after the filing of the motion for permanent	728
custody or the dispositional hearing.	729

(13) The parent is repeatedly incarcerated, and the repeated	730
incarceration prevents the parent from providing care for the	731
child.	732

(14) The parent for any reason is unwilling to provide food,	733
clothing, shelter, and other basic necessities for the child or to	734
prevent the child from suffering physical, emotional, or sexual	735
abuse or physical, emotional, or mental neglect.	736

(15) The parent has committed abuse as described in section	737
2151.031 of the Revised Code against the child or caused or	738
allowed the child to suffer neglect as described in section	739
2151.03 of the Revised Code, and the court determines that the	740
seriousness, nature, or likelihood of recurrence of the abuse or	741
neglect makes the child's placement with the child's parent a	742
threat to the child's safety.	743

(16) Any other factor the court considers relevant.

744

(F) The parents of a child for whom the court has issued an	745
order granting permanent custody pursuant to this section, upon	746
the issuance of the order, cease to be parties to the action. This	747
division is not intended to eliminate or restrict any right of the	748
parents to appeal the granting of permanent custody of their child	749
to a movant pursuant to this section.	750

Sec. 2151.415.  (A) Except for cases in which a motion for	751
permanent custody described in division (D)(1) of section 2151.413	752
of the Revised Code is required to be made, a public children	753
services agency or private child placing agency that has been	754
given temporary custody of a child pursuant to section 2151.353 of	755
the Revised Code, not later than thirty days prior to the earlier	756
of the date for the termination of the custody order pursuant to	757
division (G)(H) of section 2151.353 of the Revised Code or the	758
date set at the dispositional hearing for the hearing to be held	759
pursuant to this section, shall file a motion with the court that	760
issued the order of disposition requesting that any of the	761
following orders of disposition of the child be issued by the	762
court:	763

(1) An order that the child be returned home and the custody	764
of the child's parents, guardian, or custodian without any	765
restrictions;	766

(2) An order for protective supervision;

767

(3) An order that the child be placed in the legal custody of	768
a relative or other interested individual;	769

(4) An order permanently terminating the parental rights of	770
the child's parents;	771

(5) An order that the child be placed in a planned permanent	772
living arrangement;	773

(6) In accordance with division (D) of this section, an order	774
for the extension of temporary custody.	775

(B) Upon the filing of a motion pursuant to division (A) of	776
this section, the court shall hold a dispositional hearing on the	777
date set at the dispositional hearing held pursuant to section	778
2151.35 of the Revised Code, with notice to all parties to the	779
action in accordance with the Juvenile Rules. After the	780
dispositional hearing or at a date after the dispositional hearing	781
that is not later than one year after the earlier of the date on	782
which the complaint in the case was filed or the child was first	783
placed into shelter care, the court, in accordance with the best	784
interest of the child as supported by the evidence presented at	785
the dispositional hearing, shall issue an order of disposition as	786
set forth in division (A) of this section, except that all orders	787
for permanent custody shall be made in accordance with sections	788
2151.413 and 2151.414 of the Revised Code. In issuing an order of	789
disposition under this section, the court shall comply with	790
section 2151.42 of the Revised Code.	791

(C)(1) If an agency pursuant to division (A) of this section	792
requests the court to place a child into a planned permanent	793
living arrangement, the agency shall present evidence to indicate	794
why a planned permanent living arrangement is appropriate for the	795
child, including, but not limited to, evidence that the agency has	796
tried or considered all other possible dispositions for the child.	797
A court shall not place a child in a planned permanent living	798
arrangement, unless it finds, by clear and convincing evidence,	799
that a planned permanent living arrangement is in the best	800
interest of the child and that one of the following exists:	801

(a) The child, because of physical, mental, or psychological	802
problems or needs, is unable to function in a family-like setting	803
and must remain in residential or institutional care.	804

(b) The parents of the child have significant physical,	805
mental, or psychological problems and are unable to care for the	806
child because of those problems, adoption is not in the best	807
interest of the child, as determined in accordance with division	808
(D)(1) of section 2151.414 of the Revised Code, and the child	809
retains a significant and positive relationship with a parent or	810
relative;	811

(c) The child is sixteen years of age or older, has been	812
counseled on the permanent placement options available, is	813
unwilling to accept or unable to adapt to a permanent placement,	814
and is in an agency program preparing for independent living.	815

(2) If the court issues an order placing a child in a planned	816
permanent living arrangement, both of the following apply:	817

(a) The court shall issue a finding of fact setting forth the	818
reasons for its finding;	819

(b) The agency may make any appropriate placement for the	820
child and shall develop a case plan for the child that is designed	821
to assist the child in finding a permanent home outside of the	822
home of the parents.	823

(D)(1) If an agency pursuant to division (A) of this section	824
requests the court to grant an extension of temporary custody for	825
a period of up to six months, the agency shall include in the	826
motion an explanation of the progress on the case plan of the	827
child and of its expectations of reunifying the child with the	828
child's family, or placing the child in a permanent placement,	829
within the extension period. The court shall schedule a hearing on	830
the motion, give notice of its date, time, and location to all	831
parties and the guardian ad litem of the child, and at the hearing	832
consider the evidence presented by the parties and the guardian ad	833
litem. The court may extend the temporary custody order of the	834
child for a period of up to six months, if it determines at the	835
hearing, by clear and convincing evidence, that the extension is	836
in the best interest of the child, there has been significant	837
progress on the case plan of the child, and there is reasonable	838
cause to believe that the child will be reunified with one of the	839
parents or otherwise permanently placed within the period of	840
extension. In determining whether to extend the temporary custody	841
of the child pursuant to this division, the court shall comply	842
with section 2151.42 of the Revised Code. If the court extends the	843
temporary custody of the child pursuant to this division, upon	844
request it shall issue findings of fact.	845

(2) Prior to the end of the extension granted pursuant to	846
division (D)(1) of this section, the agency that received the	847
extension shall file a motion with the court requesting the	848
issuance of one of the orders of disposition set forth in	849
divisions (A)(1) to (5) of this section or requesting the court to	850
extend the temporary custody order of the child for an additional	851
period of up to six months. If the agency requests the issuance of	852
an order of disposition under divisions (A)(1) to (5) of this	853
section or does not file any motion prior to the expiration of the	854
extension period, the court shall conduct a hearing in accordance	855
with division (B) of this section and issue an appropriate order	856
of disposition. In issuing an order of disposition, the court	857
shall comply with section 2151.42 of the Revised Code.	858

If the agency requests an additional extension of up to six	859
months of the temporary custody order of the child, the court	860
shall schedule and conduct a hearing in the manner set forth in	861
division (D)(1) of this section. The court may extend the	862
temporary custody order of the child for an additional period of	863
up to six months if it determines at the hearing, by clear and	864
convincing evidence, that the additional extension is in the best	865
interest of the child, there has been substantial additional	866
progress since the original extension of temporary custody in the	867
case plan of the child, there has been substantial additional	868
progress since the original extension of temporary custody toward	869
reunifying the child with one of the parents or otherwise	870
permanently placing the child, and there is reasonable cause to	871
believe that the child will be reunified with one of the parents	872
or otherwise placed in a permanent setting before the expiration	873
of the additional extension period. In determining whether to	874
grant an additional extension, the court shall comply with section	875
2151.42 of the Revised Code. If the court extends the temporary	876
custody of the child for an additional period pursuant to this	877
division, upon request it shall issue findings of fact.	878

(3) Prior to the end of the extension of a temporary custody	879
order granted pursuant to division (D)(2) of this section, the	880
agency that received the extension shall file a motion with the	881
court requesting the issuance of one of the orders of disposition	882
set forth in divisions (A)(1) to (5) of this section. Upon the	883
filing of the motion by the agency or, if the agency does not file	884
the motion prior to the expiration of the extension period, upon	885
its own motion, the court, prior to the expiration of the	886
extension period, shall conduct a hearing in accordance with	887
division (B) of this section and issue an appropriate order of	888
disposition. In issuing an order of disposition, the court shall	889
comply with section 2151.42 of the Revised Code.	890

(4) No court shall grant an agency more than two extensions	891
of temporary custody pursuant to division (D) of this section and	892
the court shall not order an existing temporary custody order to	893
continue beyond two years after the date on which the complaint	894
was filed or the child was first placed into shelter care,	895
whichever date is earlier, regardless of whether any extensions	896
have been previously ordered pursuant to division (D) of this	897
section.	898

(E) After the issuance of an order pursuant to division (B)	899
of this section, the court shall retain jurisdiction over the	900
child until the child attains the age of eighteen if the child is	901
not mentally retarded, developmentally disabled, or physically	902
impaired, the child attains the age of twenty-one if the child is	903
mentally retarded, developmentally disabled, or physically	904
impaired, or the child is adopted and a final decree of adoption	905
is issued, unless the court's jurisdiction over the child is	906
extended pursuant to division (E)(F) of section 2151.353 of the	907
Revised Code.	908

(F) The court, on its own motion or the motion of the agency	909
or person with legal custody of the child, the child's guardian ad	910
litem, or any other party to the action, may conduct a hearing	911
with notice to all parties to determine whether any order issued	912
pursuant to this section should be modified or terminated or	913
whether any other dispositional order set forth in divisions	914
(A)(1) to (5) of this section should be issued. After the hearing	915
and consideration of all the evidence presented, the court, in	916
accordance with the best interest of the child, may modify or	917
terminate any order issued pursuant to this section or issue any	918
dispositional order set forth in divisions (A)(1) to (5) of this	919
section. In rendering a decision under this division, the court	920
shall comply with section 2151.42 of the Revised Code.	921

(G) If the court places a child in a planned permanent living	922
arrangement with a public children services agency or a private	923
child placing agency pursuant to this section, the agency with	924
which the child is placed in a planned permanent living	925
arrangement shall not remove the child from the residential	926
placement in which the child is originally placed pursuant to the	927
case plan for the child or in which the child is placed with court	928
approval pursuant to this division, unless the court and the	929
guardian ad litem are given notice of the intended removal and the	930
court issues an order approving the removal or unless the removal	931
is necessary to protect the child from physical or emotional harm	932
and the agency gives the court notice of the removal and of the	933
reasons why the removal is necessary to protect the child from	934
physical or emotional harm immediately after the removal of the	935
child from the prior setting.	936

(H) If the hearing held under this section takes the place of	937
an administrative review that otherwise would have been held under	938
section 2151.416 of the Revised Code, the court at the hearing	939
held under this section shall do all of the following in addition	940
to any other requirements of this section:	941

(1) Determine the continued necessity for and the	942
appropriateness of the child's placement;	943

(2) Determine the extent of compliance with the child's case	944
plan;	945

(3) Determine the extent of progress that has been made	946
toward alleviating or mitigating the causes necessitating the	947
child's placement in foster care;	948

(4) Project a likely date by which the child may be returned	949
to the child's home or placed for adoption or legal guardianship;	950

(5) Approve the permanency plan for the child consistent with	951
section 2151.417 of the Revised Code.	952

Sec. 2151.417.  (A) Any court that issues a dispositional	953
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	954
Revised Code may review at any time the child's placement or	955
custody arrangement, the case plan prepared for the child pursuant	956
to section 2151.412 of the Revised Code, the actions of the public	957
children services agency or private child placing agency in	958
implementing that case plan, the child's permanency plan if the	959
child's permanency plan has been approved, and any other aspects	960
of the child's placement or custody arrangement. In conducting the	961
review, the court shall determine the appropriateness of any	962
agency actions, the safety and appropriateness of continuing the	963
child's placement or custody arrangement, and whether any changes	964
should be made with respect to the child's permanency plan or	965
placement or custody arrangement or with respect to the actions of	966
the agency under the child's placement or custody arrangement.	967
Based upon the evidence presented at a hearing held after notice	968
to all parties and the guardian ad litem of the child, the court	969
may require the agency, the parents, guardian, or custodian of the	970
child, and the physical custodians of the child to take any	971
reasonable action that the court determines is necessary and in	972
the best interest of the child or to discontinue any action that	973
it determines is not in the best interest of the child.	974

(B) If a court issues a dispositional order pursuant to	975
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	976
court has continuing jurisdiction over the child as set forth in	977
division (E)(F)(1) of section 2151.353 of the Revised Code. The	978
court may amend a dispositional order in accordance with division	979
(E)(F)(2) of section 2151.353 of the Revised Code at any time upon	980
its own motion or upon the motion of any interested party. The	981
court shall comply with section 2151.42 of the Revised Code in	982
amending any dispositional order pursuant to this division.	983

(C) Any court that issues a dispositional order pursuant to	984
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	985
hold a review hearing one year after the earlier of the date on	986
which the complaint in the case was filed or the child was first	987
placed into shelter care to review the case plan prepared pursuant	988
to section 2151.412 of the Revised Code and the child's placement	989
or custody arrangement, to approve or review the permanency plan	990
for the child, and to make changes to the case plan and placement	991
or custody arrangement consistent with the permanency plan. The	992
court shall schedule the review hearing at the time that it holds	993
the dispositional hearing pursuant to section 2151.35 of the	994
Revised Code.	995

The court shall hold a similar review hearing no later than	996
every twelve months after the initial review hearing until the	997
child is adopted, returned to the parents, or the court otherwise	998
terminates the child's placement or custody arrangement, except	999
that the dispositional hearing held pursuant to section 2151.415	1000
of the Revised Code shall take the place of the first review	1001
hearing to be held under this section. The court shall schedule	1002
each subsequent review hearing at the conclusion of the review	1003
hearing immediately preceding the review hearing to be scheduled.	1004

(D) If, within fourteen days after a written summary of an	1005
administrative review is filed with the court pursuant to section	1006
2151.416 of the Revised Code, the court does not approve the	1007
proposed change to the case plan filed pursuant to division (E) of	1008
section 2151.416 of the Revised Code or a party or the guardian ad	1009
litem requests a review hearing pursuant to division (E) of that	1010
section, the court shall hold a review hearing in the same manner	1011
that it holds review hearings pursuant to division (C) of this	1012
section, except that if a review hearing is required by this	1013
division and if a hearing is to be held pursuant to division (C)	1014
of this section or section 2151.415 of the Revised Code, the	1015
hearing held pursuant to division (C) of this section or section	1016
2151.415 of the Revised Code shall take the place of the review	1017
hearing required by this division.	1018

(E) If a court determines pursuant to section 2151.419 of the	1019
Revised Code that a public children services agency or private	1020
child placing agency is not required to make reasonable efforts to	1021
prevent the removal of a child from the child's home, eliminate	1022
the continued removal of a child from the child's home, and return	1023
the child to the child's home, and the court does not return the	1024
child to the child's home pursuant to division (A)(3) of section	1025
2151.419 of the Revised Code, the court shall hold a review	1026
hearing to approve the permanency plan for the child and, if	1027
appropriate, to make changes to the child's case plan and the	1028
child's placement or custody arrangement consistent with the	1029
permanency plan. The court may hold the hearing immediately	1030
following the determination under section 2151.419 of the Revised	1031
Code and shall hold it no later than thirty days after making that	1032
determination.	1033

(F) The court shall give notice of the review hearings held	1034
pursuant to this section to every interested party, including, but	1035
not limited to, the appropriate agency employees who are	1036
responsible for the child's care and planning, the child's	1037
parents, any person who had guardianship or legal custody of the	1038
child prior to the custody order, the child's guardian ad litem,	1039
and the child. The court shall summon every interested party to	1040
appear at the review hearing and give them an opportunity to	1041
testify and to present other evidence with respect to the child's	1042
custody arrangement, including, but not limited to, the following:	1043
the case plan for the child,; the permanency plan, if one exists;	1044
the actions taken by the child's custodian; the need for a change	1045
in the child's custodian or caseworker; and the need for any	1046
specific action to be taken with respect to the child. The court	1047
shall require any interested party to testify or present other	1048
evidence when necessary to a proper determination of the issues	1049
presented at the review hearing. In any review hearing that	1050
pertains to a permanency plan for a child who will not be returned	1051
to the parent, the court shall consider in-state and out-of-state	1052
placement options and the court shall determine whether the	1053
in-state or the out-of-state placement continues to be appropriate	1054
and in the best interests of the child. In any review hearing that	1055
pertains to a permanency plan for a child, the court or a citizens	1056
board appointed by the court pursuant to division (H) of this	1057
section shall consult with the child, in an age-appropriate	1058
manner, regarding the proposed permanency plan for the child.	1059

(G) After the review hearing, the court shall take the	1060
following actions based upon the evidence presented:	1061

(1) If an administrative review has been conducted, determine	1062
whether the conclusions of the review are supported by a	1063
preponderance of the evidence and approve or modify the case plan	1064
based upon that evidence;	1065

(2) If the hearing was held under division (C) or (E) of this	1066
section, approve a permanency plan for the child that specifies	1067
whether and, if applicable, when the child will be safely returned	1068
home or placed for adoption, for legal custody, or in a planned	1069
permanent living arrangement. A permanency plan approved after a	1070
hearing under division (E) of this section shall not include any	1071
provision requiring the child to be returned to the child's home.	1072

(3) If the child is in temporary custody, do all of the	1073
following:	1074

(a) Determine whether the child can and should be returned	1075
home with or without an order for protective supervision;	1076

(b) If the child can and should be returned home with or	1077
without an order for protective supervision, terminate the order	1078
for temporary custody;	1079

(c) If the child cannot or should not be returned home with	1080
an order for protective supervision, determine whether the agency	1081
currently with custody of the child should retain custody or	1082
whether another public children services agency, private child	1083
placing agency, or an individual should be given custody of the	1084
child.	1085

The court shall comply with section 2151.42 of the Revised	1086
Code in taking any action under this division.	1087

(4) If the child is in permanent custody, determine what	1088
actions are required by the custodial agency and of any other	1089
organizations or persons in order to facilitate an adoption of the	1090
child and make any appropriate orders with respect to the custody	1091
arrangement or conditions of the child, including, but not limited	1092
to, a transfer of permanent custody to another public children	1093
services agency or private child placing agency;	1094

(5) Journalize the terms of the updated case plan for the	1095
child.	1096

(H) The court may appoint a referee or a citizens review	1097
board to conduct the review hearings that the court is required by	1098
this section to conduct, subject to the review and approval by the	1099
court of any determinations made by the referee or citizens review	1100
board. If the court appoints a citizens review board to conduct	1101
the review hearings, the board shall consist of one member	1102
representing the general public and four members who are trained	1103
or experienced in the care or placement of children and have	1104
training or experience in the fields of medicine, psychology,	1105
social work, education, or any related field. Of the initial	1106
appointments to the board, two shall be for a term of one year,	1107
two shall be for a term of two years, and one shall be for a term	1108
of three years, with all the terms ending one year after the date	1109
on which the appointment was made. Thereafter, all terms of the	1110
board members shall be for three years and shall end on the same	1111
day of the same month of the year as did the term that they	1112
succeed. Any member appointed to fill a vacancy occurring prior to	1113
the expiration of the term for which the member's predecessor was	1114
appointed shall hold office for the remainder of the term.	1115

(I) A copy of the court's determination following any review	1116
hearing held pursuant to this section shall be sent to the	1117
custodial agency, the guardian ad litem of the child who is the	1118
subject of the review hearing, and, if that child is not the	1119
subject of a permanent commitment hearing, the parents of the	1120
child.	1121

(J) If the hearing held under this section takes the place of	1122
an administrative review that otherwise would have been held under	1123
section 2151.416 of the Revised Code, the court at the hearing	1124
held under this section shall do all of the following in addition	1125
to any other requirements of this section:	1126

(1) Determine the continued necessity for and the safety and	1127
appropriateness of the child's placement;	1128

(2) Determine the extent of compliance with the child's case	1129
plan;	1130

(3) Determine the extent of progress that has been made	1131
toward alleviating or mitigating the causes necessitating the	1132
child's placement in foster care;	1133

(4) Project a likely date by which the child may be safely	1134
returned home or placed for adoption or legal custody.	1135

(K)(1) Whenever the court is required to approve a permanency	1136
plan under this section or section 2151.415 of the Revised Code,	1137
the public children services agency or private child placing	1138
agency that filed the complaint in the case, has custody of the	1139
child, or will be given custody of the child shall develop a	1140
permanency plan for the child. The agency must file the plan with	1141
the court prior to the hearing under this section or section	1142
2151.415 of the Revised Code.	1143

(2) The permanency plan developed by the agency must specify	1144
whether and, if applicable, when the child will be safely returned	1145
home or placed for adoption or legal custody. If the agency	1146
determines that there is a compelling reason why returning the	1147
child home or placing the child for adoption or legal custody is	1148
not in the best interest of the child, the plan shall provide that	1149
the child will be placed in a planned permanent living	1150
arrangement. A permanency plan developed as a result of a	1151
determination made under division (A)(2) of section 2151.419 of	1152
the Revised Code may not include any provision requiring the child	1153
to be returned home.	1154

Sec. 5103.162. (A) Except as provided in division (B) of this	1155
section, a foster caregiver shall be immune from liability in a	1156
civil action to recover damages for injury, death, or loss to	1157
person or property allegedly caused by an act or omission in	1158
connection with a power, duty, responsibility, or authorization	1159
under this chapter or under rules adopted under authority of this	1160
chapter.	1161

(B) The immunity described in division (A) of this section	1162
does not apply to a foster caregiver if, in relation to the act or	1163
omission in question, any of the following applies:	1164

(1) The act or omission was manifestly outside the scope of	1165
the foster caregiver's power, duty, responsibility, or	1166
authorization.	1167

(2) The act or omission was with malicious purpose, in bad	1168
faith, or in a wanton or reckless manner.	1169

(3) Liability for the act or omission is expressly imposed by	1170
a section of the Revised Code.	1171

(C)(1) A foster caregiver shall use a reasonable and prudent	1172
parent standard when considering whether to authorize a foster	1173
child who resides in the foster home to participate in	1174
extracurricular, enrichment, and social activities in accordance	1175
with policies and procedures developed by the public children	1176
services agency, private child placing agency, or private	1177
noncustodial agency that has placed the child in the care of the	1178
foster caregiver.	1179

(2) A public children services agency, private child placing	1180
agency, or private noncustodial agency that serves as the child's	1181
custodian or as the supervising agency for the foster caregiver	1182
shall be immune from liability in a civil action to recover	1183
damages for injury, death, or loss to person or property that	1184
result from a foster caregiver's or agency's decisions using a	1185
reasonable and prudent parent standard in accordance with division	1186
(C)(1) of this section.	1187

(3) As used in this section, "reasonable and prudent parent	1188
standard" means the standard characterized by careful and sensible	1189
parental decisions that maintain the child's health, safety, and	1190
best interests while at the same time encouraging the child's	1191
emotional and developmental growth, that a caregiver or agency	1192
shall use when determining whether to allow a child in the care of	1193
a foster caregiver to participate in extracurricular, enrichment,	1194
and social activities.	1195

Section 2.  That existing sections 2151.281, 2151.353,	1196
2151.414, 2151.415, 2151.417, and 5103.162 of the Revised Code are	1197
hereby repealed.	1198

Section 3.  Section 2151.281 of the Revised Code is presented	1199
in this act as a composite of the section as amended by both Am.	1200
Sub. S.B. 17 and Am. Sub. S.B. 238 of the 126th General Assembly.	1201
The General Assembly, applying the principle stated in division	1202
(B) of section 1.52 of the Revised Code that amendments are to be	1203
harmonized if reasonably capable of simultaneous operation, finds	1204
that the composite is the resulting version of the section in	1205
effect prior to the effective date of the section as presented in	1206
this act.	1207