As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Am. Sub. H. B. No. 213

Representatives Pelanda, Celebrezze 

Cosponsors: Representatives Blair, Thompson, Mallory, Strahorn, Grossman, Reece, Milkovich, Stebelton, Stinziano, Fedor, Butler, Pillich, Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Barborak, Barnes, Beck, Bishoff, Blessing, Boyce, Brown, Buchy, Burkley, Carney, Cera, Conditt, Damschroder, Driehaus, Green, Hagan, C., Hall, Hayes, Heard, Huffman, Johnson, Letson, McClain, O'Brien, Patmon, Patterson, Perales, Ramos, Retherford, Rogers, Rosenberger, Sears, Sheehy, Slesnick, Smith, Sprague, Wachtmann Speaker Batchelder 

Senators Coley, Kearney, Brown, Beagle, Burke, Eklund, Hite, Hughes, Jones, LaRose, Manning, Oelslager, Patton, Schaffer, Seitz, Skindell, Smith, Tavares, Turner, Uecker, Widener 

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A BILL

To amend sections 2151.281, 2151.353, 2151.414,

1

2151.415, 2151.417, 2151.421, 5101.802, 5103.035,

2

and 5103.162 and to enact section 2151.315 of the

3

Revised Code to permit a court to grant a motion

4

for permanent custody of a child to a movant if

5

the child or another child in the custody of the

6

parent has been adjudicated an abused, neglected,

7

or dependent child on three separate occasions, to

8

require the guardian ad litem for an alleged or

9

adjudicated abused, neglected, or dependent child

10

to file any motions and other court papers in

11

accordance with rules adopted by the Supreme

12

Court, to require court appointed special

13

advocates and guardian ad litems to report

14

suspected child abuse or neglect, to require

15

foster caregivers to use a reasonable and prudent

16

parent standard when authorizing a foster child to

17

participate in activities, to exempt a public

18

children services agency, private child placing

19

agency, or private noncustodial agency from civil

20

liability that results from a foster caregiver's

21

or agency's decisions using a reasonable and

22

prudent parent standard, to limit the

23

circumstances under which a child is placed into a

24

planned permanent living arrangement, to extend

25

the period for incentive payments under the

26

kinship permanency incentive program, and to

27

provide factors for a person or facility to

28

consider when determining if an alleged or

29

adjudicated abused, neglected, or dependent child

30

subject to out-of-home care is able to participate

31

in certain activities.

32

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

Section 1.  That sections 2151.281, 2151.353, 2151.414,	33
2151.415, 2151.417, 2151.421, 5101.802, 5103.035, and 5103.162 be	34
amended and section 2151.315 of the Revised Code be enacted to	35
read as follows:	36

Sec. 2151.281.  (A) The court shall appoint a guardian ad	37
litem, subject to rules adopted by the supreme court, to protect	38
the interest of a child in any proceeding concerning an alleged or	39
adjudicated delinquent child or unruly child when either of the	40
following applies:	41

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

42

(2) The court finds that there is a conflict of interest	43
between the child and the child's parent, guardian, or legal	44
custodian.	45

(B)(1) TheExcept as provided in division (K) of this	46
section, the court shall appoint a guardian ad litem, subject to	47
rules adopted by the supreme court, to protect the interest of a	48
child in any proceeding concerning an alleged abused or neglected	49
child and in any proceeding held pursuant to section 2151.414 of	50
the Revised Code. The guardian ad litem so appointed shall not be	51
the attorney responsible for presenting the evidence alleging that	52
the child is an abused or neglected child and shall not be an	53
employee of any party in the proceeding.	54

(2) Except in any proceeding concerning a dependent child	55
involving the permanent custody of an infant under the age of six	56
months for the sole purpose of placement for adoption by a private	57
child placing agency, the court shall appoint a guardian ad litem,	58
subject to rules adopted by the supreme court, to protect the	59
interest of a child in any proceeding concerning an alleged	60
dependent child if any of the following applies:	61

(a) The parent of the child appears to be mentally	62
incompetent or is under eighteen years of age.	63

(b) There is a conflict of interest between the child and the	64
child's parents, guardian, or custodian.	65

(c) The court believes that the parent of the child is not	66
capable of representing the best interest of the child.	67

(3) Except in any proceeding concerning a dependent child	68
involving the permanent custody of an infant under the age of six	69
months for the sole purpose of placement for adoption by a private	70
child placing agency, the court may appoint a guardian ad litem,	71
subject to rules adopted by the supreme court, to protect the	72
interest of the child in any other proceeding concerning an	73
alleged dependent child.	74

(4) The guardian ad litem appointed for an alleged or	75
adjudicated abused or neglected child may bring a civil action	76
against any person who is required by division (A)(1) or (4) of	77
section 2151.421 of the Revised Code to file a report of child	78
abuse or child neglect that is known or reasonably suspected or	79
believed to have occurred if that person knows, or has reasonable	80
cause to suspect or believe based on facts that would cause a	81
reasonable person in a similar position to suspect or believe, as	82
applicable, that the child for whom the guardian ad litem is	83
appointed is the subject of child abuse or child neglect and does	84
not file the required report and if the child suffers any injury	85
or harm as a result of the child abuse or child neglect that is	86
known or reasonably suspected or believed to have occurred or	87
suffers additional injury or harm after the failure to file the	88
report.	89

(C) In any proceeding concerning an alleged or adjudicated	90
delinquent, unruly, abused, neglected, or dependent child in which	91
the parent appears to be mentally incompetent or is under eighteen	92
years of age, the court shall appoint a guardian ad litem to	93
protect the interest of that parent.	94

(D) The court shall require the guardian ad litem to	95
faithfully discharge the guardian ad litem's duties and, upon the	96
guardian ad litem's failure to faithfully discharge the guardian	97
ad litem's duties, shall discharge the guardian ad litem and	98
appoint another guardian ad litem. The court may fix the	99
compensation for the service of the guardian ad litem, which	100
compensation shall be paid from the treasury of the county,	101
subject to rules adopted by the supreme court.	102

(E) A parent who is eighteen years of age or older and not	103
mentally incompetent shall be deemed sui juris for the purpose of	104
any proceeding relative to a child of the parent who is alleged or	105
adjudicated to be an abused, neglected, or dependent child.	106

(F) In any case in which a parent of a child alleged or	107
adjudicated to be an abused, neglected, or dependent child is	108
under eighteen years of age, the parents of that parent shall be	109
summoned to appear at any hearing respecting the child, who is	110
alleged or adjudicated to be an abused, neglected, or dependent	111
child.	112

(G) InExcept as provided in division (K) of this section, in	113
any case involvingin which a guardian ad litem is to be appointed	114
for an alleged or adjudicated abused or, neglected, or dependent	115
child or in any case involving an agreement for the voluntary	116
surrender of temporary or permanent custody of a child that is	117
made in accordance with section 5103.15 of the Revised Code, the	118
court shall appoint the guardian ad litem in each case as soon as	119
possible after the complaint is filed, the request for an	120
extension of the temporary custody agreement is filed with the	121
court, or the request for court approval of the permanent custody	122
agreement is filed. In any case involving an alleged dependent	123
child in which the parent of the child appears to be mentally	124
incompetent or is under eighteen years of age, there is a conflict	125
of interest between the child and the child's parents, guardian,	126
or custodian, or the court believes that the parent of the child	127
is not capable of representing the best interest of the child, the	128
court shall appoint a guardian ad litem for the child. The	129
guardian ad litem or the guardian ad litem's replacement shall	130
continue to serve until any of the following occur:	131

(1) The complaint is dismissed or the request for an	132
extension of a temporary custody agreement or for court approval	133
of the permanent custody agreement is withdrawn or denied;	134

(2) All dispositional orders relative to the child have	135
terminated;	136

(3) The legal custody of the child is granted to a relative	137
of the child, or to another person;	138

(4) The child is placed in an adoptive home or, at the	139
court's discretion, a final decree of adoption is issued with	140
respect to the child;	141

(5) The child reaches the age of eighteen if the child is not	142
mentally retarded, developmentally disabled, or physically	143
impaired or the child reaches the age of twenty-one if the child	144
is mentally retarded, developmentally disabled, or physically	145
impaired;	146

(6) The guardian ad litem resigns or is removed by the court	147
and a replacement is appointed by the court.	148

If a guardian ad litem ceases to serve a child pursuant to	149
division (G)(4) of this section and the petition for adoption with	150
respect to the child is denied or withdrawn prior to the issuance	151
of a final decree of adoption or prior to the date an	152
interlocutory order of adoption becomes final, the juvenile court	153
shall reappoint a guardian ad litem for that child. The public	154
children services agency or private child placing agency with	155
permanent custody of the child shall notify the juvenile court if	156
the petition for adoption is denied or withdrawn.	157

(H) If the guardian ad litem for an alleged or adjudicated	158
abused, neglected, or dependent child is an attorney admitted to	159
the practice of law in this state, the guardian ad litem also may	160
serve as counsel to the ward. Until the supreme court adopts rules	161
regarding service as a guardian ad litem that regulate conflicts	162
between a person's role as guardian ad litem and as counsel, if a	163
person is serving as guardian ad litem and counsel for a child and	164
either that person or the court finds that a conflict may exist	165
between the person's roles as guardian ad litem and as counsel,	166
the court shall relieve the person of duties as guardian ad litem	167
and appoint someone else as guardian ad litem for the child. If	168
the court appoints a person who is not an attorney admitted to the	169
practice of law in this state to be a guardian ad litem, the court	170
also may appoint an attorney admitted to the practice of law in	171
this state to serve as counsel for the guardian ad litem.	172

(I) The guardian ad litem for an alleged or adjudicated	173
abused, neglected, or dependent child shall perform whatever	174
functions are necessary to protect the best interest of the child,	175
including, but not limited to, investigation, mediation,	176
monitoring court proceedings, and monitoring the services provided	177
the child by the public children services agency or private child	178
placing agency that has temporary or permanent custody of the	179
child, and shall file any motions and other court papers that are	180
in the best interest of the child in accordance with rules adopted	181
by the supreme court.	182

The guardian ad litem shall be given notice of all hearings,	183
administrative reviews, and other proceedings in the same manner	184
as notice is given to parties to the action.	185

(J)(1) When the court appoints a guardian ad litem pursuant	186
to this section, it shall appoint a qualified volunteer or court	187
appointed special advocate whenever one is available and the	188
appointment is appropriate.	189

(2) Upon request, the department of job and family services	190
shall provide for the training of volunteer guardians ad litem.	191

(K) A guardian ad litem shall not be appointed for a child	192
who is under six months of age in any proceeding in which a	193
private child placing agency is seeking permanent custody of the	194
child or seeking approval of a voluntary permanent custody	195
surrender agreement for the sole purpose of the adoption of the	196
child.	197

Sec. 2151.315.  (A) As used in this section,	198
"age-appropriate" means activities or items that are generally	199
accepted as suitable for children of the same chronological age or	200
level of maturity. Age appropriateness is based on the development	201
of cognitive, emotional, physical, and behavioral capacity that is	202
typical for an age or age group.	203

(B) A child who is subject to out-of-home care for alleged or	204
adjudicated abused, neglected, or dependent children is entitled	205
to participate in age-appropriate extracurricular, enrichment, and	206
social activities.	207

(C) A person or facility that is providing out-of-home care	208
for an alleged or adjudicated abused, neglected, or dependent	209
child shall consider all of the following when determining whether	210
to give permission for that child to participate in	211
extracurricular, enrichment, or social activities:	212

(1) The child's age, maturity, and developmental level to	213
maintain the overall health and safety of the child;	214

(2) The potential risk factors and the appropriateness of the	215
extracurricular, enrichment, or social activity;	216

(3) The best interest of the child based on information known	217
by the person or facility providing out-of-home care for an	218
alleged or adjudicated abused, neglected, or dependent child;	219

(4) The importance of encouraging the child's emotional and	220
developmental growth;	221

(5) The importance of providing the child with the most	222
family-like living experience possible;	223

(6) The behavioral history of the child and the child's	224
ability to safely participate in the extracurricular, enrichment,	225
or social activity.	226

(D) A person or facility that provides out-of-home care to an	227
alleged or adjudicated abused, neglected, or dependent child shall	228
be immune from liability in a civil action to recover damages for	229
injury, death, or loss to person or property caused to the child	230
who participates in an extracurricular, enrichment, or social	231
activity approved by the person or facility provided that the	232
person or facility considered the factors described in division	233
(C) of this section.	234

Sec. 2151.353.  (A) If a child is adjudicated an abused,	235
neglected, or dependent child, the court may make any of the	236
following orders of disposition:	237

(1) Place the child in protective supervision;

238

(2) Commit the child to the temporary custody of a public	239
children services agency, a private child placing agency, either	240
parent, a relative residing within or outside the state, or a	241
probation officer for placement in a certified foster home, or in	242
any other home approved by the court;	243

(3) Award legal custody of the child to either parent or to	244
any other person who, prior to the dispositional hearing, files a	245
motion requesting legal custody of the child or is identified as a	246
proposed legal custodian in a complaint or motion filed prior to	247
the dispositional hearing by any party to the proceedings. A	248
person identified in a complaint or motion filed by a party to the	249
proceedings as a proposed legal custodian shall be awarded legal	250
custody of the child only if the person identified signs a	251
statement of understanding for legal custody that contains at	252
least the following provisions:	253

(a) That it is the intent of the person to become the legal	254
custodian of the child and the person is able to assume legal	255
responsibility for the care and supervision of the child;	256

(b) That the person understands that legal custody of the	257
child in question is intended to be permanent in nature and that	258
the person will be responsible as the custodian for the child	259
until the child reaches the age of majority. Responsibility as	260
custodian for the child shall continue beyond the age of majority	261
if, at the time the child reaches the age of majority, the child	262
is pursuing a diploma granted by the board of education or other	263
governing authority, successful completion of the curriculum of	264
any high school, successful completion of an individualized	265
education program developed for the student by any high school, or	266
an age and schooling certificate. Responsibility beyond the age of	267
majority shall terminate when the child ceases to continuously	268
pursue such an education, completes such an education, or is	269
excused from such an education under standards adopted by the	270
state board of education, whichever occurs first.	271

(c) That the parents of the child have residual parental	272
rights, privileges, and responsibilities, including, but not	273
limited to, the privilege of reasonable visitation, consent to	274
adoption, the privilege to determine the child's religious	275
affiliation, and the responsibility for support;	276

(d) That the person understands that the person must be	277
present in court for the dispositional hearing in order to affirm	278
the person's intention to become legal custodian, to affirm that	279
the person understands the effect of the custodianship before the	280
court, and to answer any questions that the court or any parties	281
to the case may have.	282

(4) Commit the child to the permanent custody of a public	283
children services agency or private child placing agency, if the	284
court determines in accordance with division (E) of section	285
2151.414 of the Revised Code that the child cannot be placed with	286
one of the child's parents within a reasonable time or should not	287
be placed with either parent and determines in accordance with	288
division (D)(1) of section 2151.414 of the Revised Code that the	289
permanent commitment is in the best interest of the child. If the	290
court grants permanent custody under this division, the court,	291
upon the request of any party, shall file a written opinion	292
setting forth its findings of fact and conclusions of law in	293
relation to the proceeding.	294

(5) Place the child in a planned permanent living arrangement	295
with a public children services agency or private child placing	296
agency, if a public children services agency or private child	297
placing agency requests the court to place the child in a planned	298
permanent living arrangement and if the court finds, by clear and	299
convincing evidence, that a planned permanent living arrangement	300
is in the best interest of the child and that one of the following	301
exists:	302

(a) The child, because of physical, mental, or psychological	303
problems or needs, is unable to function in a family-like setting	304
and must remain in residential or institutional care now and for	305
the foreseeable future beyond the date of the dispositional	306
hearing held pursuant to section 2151.35 of the Revised Code.	307

(b) The child is sixteen years of age or older, the parents	308
of the child have significant physical, mental, or psychological	309
problems and are unable to care for the child because of those	310
problems, adoption is not in the best interest of the child, as	311
determined in accordance with division (D)(1) of section 2151.414	312
of the Revised Code, and the child retains a significant and	313
positive relationship with a parent or relative.	314

(c) The child is sixteen years of age or older, has been	315
counseled on the permanent placement options available to the	316
child, and is unwilling to accept or unable to adapt to a	317
permanent placement, and is in an agency program preparing the	318
child for independent living.	319

(6) Order the removal from the child's home until further	320
order of the court of the person who committed abuse as described	321
in section 2151.031 of the Revised Code against the child, who	322
caused or allowed the child to suffer neglect as described in	323
section 2151.03 of the Revised Code, or who is the parent,	324
guardian, or custodian of a child who is adjudicated a dependent	325
child and order any person not to have contact with the child or	326
the child's siblings.	327

(B)(1) When making a determination on whether to place a	328
child in a planned permanent living arrangement pursuant to	329
division (A)(5)(b) or (c) of this section, the court shall	330
consider all relevant information that has been presented to the	331
court, including information gathered from the child, the child's	332
guardian ad litem, and the public children services agency or	333
private child placing agency.	334

(2) A child who is placed in a planned permanent living	335
arrangement pursuant to division (A)(5)(b) or (c) of this section	336
shall be placed in an independent living setting or in a family	337
setting in which the caregiver has been provided by the agency	338
that has custody of the child with a notice that addresses the	339
following:	340

(a) The caregiver understands that the planned permanent	341
living arrangement is intended to be permanent in nature and that	342
the caregiver will provide a stable placement for the child	343
through the child's emancipation or until the court releases the	344
child from the custody of the agency, whichever occurs first.	345

(b) The caregiver is expected to actively participate in the	346
youth's independent living case plan, attend agency team meetings	347
and court hearings as appropriate, complete training, as provided	348
in division (B) of section 5103.035 of the Revised Code, related	349
to providing the child independent living services, and assist in	350
the child's transition into adulthood.	351

(3) The department of job and family services shall develop a	352
model notice to be provided by an agency that has custody of a	353
child to a caregiver under division (B)(2) of this section. The	354
agency may modify the model notice to apply to the needs of the	355
agency.	356

(C) No order for permanent custody or temporary custody of a	357
child or the placement of a child in a planned permanent living	358
arrangement shall be made pursuant to this section unless the	359
complaint alleging the abuse, neglect, or dependency contains a	360
prayer requesting permanent custody, temporary custody, or the	361
placement of the child in a planned permanent living arrangement	362
as desired, the summons served on the parents of the child	363
contains as is appropriate a full explanation that the granting of	364
an order for permanent custody permanently divests them of their	365
parental rights, a full explanation that an adjudication that the	366
child is an abused, neglected, or dependent child may result in an	367
order of temporary custody that will cause the removal of the	368
child from their legal custody until the court terminates the	369
order of temporary custody or permanently divests the parents of	370
their parental rights, or a full explanation that the granting of	371
an order for a planned permanent living arrangement will result in	372
the removal of the child from their legal custody if any of the	373
conditions listed in divisions (A)(5)(a) to (c) of this section	374
are found to exist, and the summons served on the parents contains	375
a full explanation of their right to be represented by counsel and	376
to have counsel appointed pursuant to Chapter 120. of the Revised	377
Code if they are indigent.	378

If after making disposition as authorized by division (A)(2)	379
of this section, a motion is filed that requests permanent custody	380
of the child, the court may grant permanent custody of the child	381
to the movant in accordance with section 2151.414 of the Revised	382
Code.	383

(C)(D) If the court issues an order for protective	384
supervision pursuant to division (A)(1) of this section, the court	385
may place any reasonable restrictions upon the child, the child's	386
parents, guardian, or custodian, or any other person, including,	387
but not limited to, any of the following:	388

(1) Order a party, within forty-eight hours after the	389
issuance of the order, to vacate the child's home indefinitely or	390
for a specified period of time;	391

(2) Order a party, a parent of the child, or a physical	392
custodian of the child to prevent any particular person from	393
having contact with the child;	394

(3) Issue an order restraining or otherwise controlling the	395
conduct of any person which conduct would not be in the best	396
interest of the child.	397

(D)(E) As part of its dispositional order, the court shall	398
journalize a case plan for the child. The journalized case plan	399
shall not be changed except as provided in section 2151.412 of the	400
Revised Code.	401

(E)(F)(1) The court shall retain jurisdiction over any child	402
for whom the court issues an order of disposition pursuant to	403
division (A) of this section or pursuant to section 2151.414 or	404
2151.415 of the Revised Code until the child attains the age of	405
eighteen years if the child is not mentally retarded,	406
developmentally disabled, or physically impaired, the child	407
attains the age of twenty-one years if the child is mentally	408
retarded, developmentally disabled, or physically impaired, or the	409
child is adopted and a final decree of adoption is issued, except	410
that the court may retain jurisdiction over the child and continue	411
any order of disposition under division (A) of this section or	412
under section 2151.414 or 2151.415 of the Revised Code for a	413
specified period of time to enable the child to graduate from high	414
school or vocational school. The court shall make an entry	415
continuing its jurisdiction under this division in the journal.	416

(2) Any public children services agency, any private child	417
placing agency, the department of job and family services, or any	418
party, other than any parent whose parental rights with respect to	419
the child have been terminated pursuant to an order issued under	420
division (A)(4) of this section, by filing a motion with the	421
court, may at any time request the court to modify or terminate	422
any order of disposition issued pursuant to division (A) of this	423
section or section 2151.414 or 2151.415 of the Revised Code. The	424
court shall hold a hearing upon the motion as if the hearing were	425
the original dispositional hearing and shall give all parties to	426
the action and the guardian ad litem notice of the hearing	427
pursuant to the Juvenile Rules. If applicable, the court shall	428
comply with section 2151.42 of the Revised Code.	429

(F)(G) Any temporary custody order issued pursuant to	430
division (A) of this section shall terminate one year after the	431
earlier of the date on which the complaint in the case was filed	432
or the child was first placed into shelter care, except that, upon	433
the filing of a motion pursuant to section 2151.415 of the Revised	434
Code, the temporary custody order shall continue and not terminate	435
until the court issues a dispositional order under that section.	436
In resolving the motion, the court shall not order an existing	437
temporary custody order to continue beyond two years after the	438
date on which the complaint was filed or the child was first	439
placed into shelter care, whichever date is earlier, regardless of	440
whether any extensions have been previously ordered pursuant to	441
division (D) of section 2151.415 of the Revised Code.	442

(G)(H)(1) No later than one year after the earlier of the	443
date the complaint in the case was filed or the child was first	444
placed in shelter care, a party may ask the court to extend an	445
order for protective supervision for six months or to terminate	446
the order. A party requesting extension or termination of the	447
order shall file a written request for the extension or	448
termination with the court and give notice of the proposed	449
extension or termination in writing before the end of the day	450
after the day of filing it to all parties and the child's guardian	451
ad litem. If a public children services agency or private child	452
placing agency requests termination of the order, the agency shall	453
file a written status report setting out the facts supporting	454
termination of the order at the time it files the request with the	455
court. If no party requests extension or termination of the order,	456
the court shall notify the parties that the court will extend the	457
order for six months or terminate it and that it may do so without	458
a hearing unless one of the parties requests a hearing. All	459
parties and the guardian ad litem shall have seven days from the	460
date a notice is sent pursuant to this division to object to and	461
request a hearing on the proposed extension or termination.	462

(a) If it receives a timely request for a hearing, the court	463
shall schedule a hearing to be held no later than thirty days	464
after the request is received by the court. The court shall give	465
notice of the date, time, and location of the hearing to all	466
parties and the guardian ad litem. At the hearing, the court shall	467
determine whether extension or termination of the order is in the	468
child's best interest. If termination is in the child's best	469
interest, the court shall terminate the order. If extension is in	470
the child's best interest, the court shall extend the order for	471
six months.	472

(b) If it does not receive a timely request for a hearing,	473
the court may extend the order for six months or terminate it	474
without a hearing and shall journalize the order of extension or	475
termination not later than fourteen days after receiving the	476
request for extension or termination or after the date the court	477
notifies the parties that it will extend or terminate the order.	478
If the court does not extend or terminate the order, it shall	479
schedule a hearing to be held no later than thirty days after the	480
expiration of the applicable fourteen-day time period and give	481
notice of the date, time, and location of the hearing to all	482
parties and the child's guardian ad litem. At the hearing, the	483
court shall determine whether extension or termination of the	484
order is in the child's best interest. If termination is in the	485
child's best interest, the court shall terminate the order. If	486
extension is in the child's best interest, the court shall issue	487
an order extending the order for protective supervision six	488
months.	489

(2) If the court grants an extension of the order for	490
protective supervision pursuant to division (G)(H)(1) of this	491
section, a party may, prior to termination of the extension, file	492
with the court a request for an additional extension of six months	493
or for termination of the order. The court and the parties shall	494
comply with division (G)(H)(1) of this section with respect to	495
extending or terminating the order.	496

(3) If a court grants an extension pursuant to division	497
(G)(H)(2) of this section, the court shall terminate the order for	498
protective supervision at the end of the extension.	499

(H)(I) The court shall not issue a dispositional order	500
pursuant to division (A) of this section that removes a child from	501
the child's home unless the court complies with section 2151.419	502
of the Revised Code and includes in the dispositional order the	503
findings of fact required by that section.	504

(I)(J) If a motion or application for an order described in	505
division (A)(6) of this section is made, the court shall not issue	506
the order unless, prior to the issuance of the order, it provides	507
to the person all of the following:	508

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

509

(2) The grounds for the motion or application;

510

(3) An opportunity to present evidence and witnesses at a	511
hearing regarding the motion or application;	512

(4) An opportunity to be represented by counsel at the	513
hearing.	514

(J)(K) The jurisdiction of the court shall terminate one year	515
after the date of the award or, if the court takes any further	516
action in the matter subsequent to the award, the date of the	517
latest further action subsequent to the award, if the court awards	518
legal custody of a child to either of the following:	519

(1) A legal custodian who, at the time of the award of legal	520
custody, resides in a county of this state other than the county	521
in which the court is located;	522

(2) A legal custodian who resides in the county in which the	523
court is located at the time of the award of legal custody, but	524
moves to a different county of this state prior to one year after	525
the date of the award or, if the court takes any further action in	526
the matter subsequent to the award, one year after the date of the	527
latest further action subsequent to the award.	528

The court in the county in which the legal custodian resides	529
then shall have jurisdiction in the matter.	530

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	531
to section 2151.413 of the Revised Code for permanent custody of a	532
child, the court shall schedule a hearing and give notice of the	533
filing of the motion and of the hearing, in accordance with	534
section 2151.29 of the Revised Code, to all parties to the action	535
and to the child's guardian ad litem. The notice also shall	536
contain a full explanation that the granting of permanent custody	537
permanently divests the parents of their parental rights, a full	538
explanation of their right to be represented by counsel and to	539
have counsel appointed pursuant to Chapter 120. of the Revised	540
Code if they are indigent, and the name and telephone number of	541
the court employee designated by the court pursuant to section	542
2151.314 of the Revised Code to arrange for the prompt appointment	543
of counsel for indigent persons.	544

The court shall conduct a hearing in accordance with section	545
2151.35 of the Revised Code to determine if it is in the best	546
interest of the child to permanently terminate parental rights and	547
grant permanent custody to the agency that filed the motion. The	548
adjudication that the child is an abused, neglected, or dependent	549
child and any dispositional order that has been issued in the case	550
under section 2151.353 of the Revised Code pursuant to the	551
adjudication shall not be readjudicated at the hearing and shall	552
not be affected by a denial of the motion for permanent custody.	553

(2) The court shall hold the hearing scheduled pursuant to	554
division (A)(1) of this section not later than one hundred twenty	555
days after the agency files the motion for permanent custody,	556
except that, for good cause shown, the court may continue the	557
hearing for a reasonable period of time beyond the	558
one-hundred-twenty-day deadline. The court shall issue an order	559
that grants, denies, or otherwise disposes of the motion for	560
permanent custody, and journalize the order, not later than two	561
hundred days after the agency files the motion.	562

If a motion is made under division (D)(2) of section 2151.413	563
of the Revised Code and no dispositional hearing has been held in	564
the case, the court may hear the motion in the dispositional	565
hearing required by division (B) of section 2151.35 of the Revised	566
Code. If the court issues an order pursuant to section 2151.353 of	567
the Revised Code granting permanent custody of the child to the	568
agency, the court shall immediately dismiss the motion made under	569
division (D)(2) of section 2151.413 of the Revised Code.	570

The failure of the court to comply with the time periods set	571
forth in division (A)(2) of this section does not affect the	572
authority of the court to issue any order under this chapter and	573
does not provide any basis for attacking the jurisdiction of the	574
court or the validity of any order of the court.	575

(B)(1) Except as provided in division (B)(2) of this section,	576
the court may grant permanent custody of a child to a movant if	577
the court determines at the hearing held pursuant to division (A)	578
of this section, by clear and convincing evidence, that it is in	579
the best interest of the child to grant permanent custody of the	580
child to the agency that filed the motion for permanent custody	581
and that any of the following apply:	582

(a) The child is not abandoned or orphaned, has not been in	583
the temporary custody of one or more public children services	584
agencies or private child placing agencies for twelve or more	585
months of a consecutive twenty-two-month period, or has not been	586
in the temporary custody of one or more public children services	587
agencies or private child placing agencies for twelve or more	588
months of a consecutive twenty-two-month period if, as described	589
in division (D)(1) of section 2151.413 of the Revised Code, the	590
child was previously in the temporary custody of an equivalent	591
agency in another state, and the child cannot be placed with	592
either of the child's parents within a reasonable time or should	593
not be placed with the child's parents.	594

(b) The child is abandoned.

595

(c) The child is orphaned, and there are no relatives of the	596
child who are able to take permanent custody.	597

(d) The child has been in the temporary custody of one or	598
more public children services agencies or private child placing	599
agencies for twelve or more months of a consecutive	600
twenty-two-month period, or the child has been in the temporary	601
custody of one or more public children services agencies or	602
private child placing agencies for twelve or more months of a	603
consecutive twenty-two-month period and, as described in division	604
(D)(1) of section 2151.413 of the Revised Code, the child was	605
previously in the temporary custody of an equivalent agency in	606
another state.	607

(e) The child or another child in the custody of the parent	608
or parents from whose custody the child has been removed has been	609
adjudicated an abused, neglected, or dependent child on three	610
separate occasions by any court in this state or another state.	611

For the purposes of division (B)(1) of this section, a child	612
shall be considered to have entered the temporary custody of an	613
agency on the earlier of the date the child is adjudicated	614
pursuant to section 2151.28 of the Revised Code or the date that	615
is sixty days after the removal of the child from home.	616

(2) With respect to a motion made pursuant to division (D)(2)	617
of section 2151.413 of the Revised Code, the court shall grant	618
permanent custody of the child to the movant if the court	619
determines in accordance with division (E) of this section that	620
the child cannot be placed with one of the child's parents within	621
a reasonable time or should not be placed with either parent and	622
determines in accordance with division (D) of this section that	623
permanent custody is in the child's best interest.	624

(C) In making the determinations required by this section or	625
division (A)(4) of section 2151.353 of the Revised Code, a court	626
shall not consider the effect the granting of permanent custody to	627
the agency would have upon any parent of the child. A written	628
report of the guardian ad litem of the child shall be submitted to	629
the court prior to or at the time of the hearing held pursuant to	630
division (A) of this section or section 2151.35 of the Revised	631
Code but shall not be submitted under oath.	632

If the court grants permanent custody of a child to a movant	633
under this division, the court, upon the request of any party,	634
shall file a written opinion setting forth its findings of fact	635
and conclusions of law in relation to the proceeding. The court	636
shall not deny an agency's motion for permanent custody solely	637
because the agency failed to implement any particular aspect of	638
the child's case plan.	639

(D)(1) In determining the best interest of a child at a	640
hearing held pursuant to division (A) of this section or for the	641
purposes of division (A)(4) or (5) of section 2151.353 or division	642
(C) of section 2151.415 of the Revised Code, the court shall	643
consider all relevant factors, including, but not limited to, the	644
following:	645

(a) The interaction and interrelationship of the child with	646
the child's parents, siblings, relatives, foster caregivers and	647
out-of-home providers, and any other person who may significantly	648
affect the child;	649

(b) The wishes of the child, as expressed directly by the	650
child or through the child's guardian ad litem, with due regard	651
for the maturity of the child;	652

(c) The custodial history of the child, including whether the	653
child has been in the temporary custody of one or more public	654
children services agencies or private child placing agencies for	655
twelve or more months of a consecutive twenty-two-month period, or	656
the child has been in the temporary custody of one or more public	657
children services agencies or private child placing agencies for	658
twelve or more months of a consecutive twenty-two-month period	659
and, as described in division (D)(1) of section 2151.413 of the	660
Revised Code, the child was previously in the temporary custody of	661
an equivalent agency in another state;	662

(d) The child's need for a legally secure permanent placement	663
and whether that type of placement can be achieved without a grant	664
of permanent custody to the agency;	665

(e) Whether any of the factors in divisions (E)(7) to (11) of	666
this section apply in relation to the parents and child.	667

For the purposes of division (D)(1) of this section, a child	668
shall be considered to have entered the temporary custody of an	669
agency on the earlier of the date the child is adjudicated	670
pursuant to section 2151.28 of the Revised Code or the date that	671
is sixty days after the removal of the child from home.	672

(2) If all of the following apply, permanent custody is in	673
the best interest of the child and the court shall commit the	674
child to the permanent custody of a public children services	675
agency or private child placing agency:	676

(a) The court determines by clear and convincing evidence	677
that one or more of the factors in division (E) of this section	678
exist and the child cannot be placed with one of the child's	679
parents within a reasonable time or should not be placed with	680
either parent.	681

(b) The child has been in an agency's custody for two years	682
or longer, and no longer qualifies for temporary custody pursuant	683
to division (D) of section 2151.415 of the Revised Code.	684

(c) The child does not meet the requirements for a planned	685
permanent living arrangement pursuant to division (A)(5) of	686
section 2151.353 of the Revised Code.	687

(d) Prior to the dispositional hearing, no relative or other	688
interested person has filed, or has been identified in, a motion	689
for legal custody of the child.	690

(E) In determining at a hearing held pursuant to division (A)	691
of this section or for the purposes of division (A)(4) of section	692
2151.353 of the Revised Code whether a child cannot be placed with	693
either parent within a reasonable period of time or should not be	694
placed with the parents, the court shall consider all relevant	695
evidence. If the court determines, by clear and convincing	696
evidence, at a hearing held pursuant to division (A) of this	697
section or for the purposes of division (A)(4) of section 2151.353	698
of the Revised Code that one or more of the following exist as to	699
each of the child's parents, the court shall enter a finding that	700
the child cannot be placed with either parent within a reasonable	701
time or should not be placed with either parent:	702

(1) Following the placement of the child outside the child's	703
home and notwithstanding reasonable case planning and diligent	704
efforts by the agency to assist the parents to remedy the problems	705
that initially caused the child to be placed outside the home, the	706
parent has failed continuously and repeatedly to substantially	707
remedy the conditions causing the child to be placed outside the	708
child's home. In determining whether the parents have	709
substantially remedied those conditions, the court shall consider	710
parental utilization of medical, psychiatric, psychological, and	711
other social and rehabilitative services and material resources	712
that were made available to the parents for the purpose of	713
changing parental conduct to allow them to resume and maintain	714
parental duties.	715

(2) Chronic mental illness, chronic emotional illness, mental	716
retardation, physical disability, or chemical dependency of the	717
parent that is so severe that it makes the parent unable to	718
provide an adequate permanent home for the child at the present	719
time and, as anticipated, within one year after the court holds	720
the hearing pursuant to division (A) of this section or for the	721
purposes of division (A)(4) of section 2151.353 of the Revised	722
Code;	723

(3) The parent committed any abuse as described in section	724
2151.031 of the Revised Code against the child, caused the child	725
to suffer any neglect as described in section 2151.03 of the	726
Revised Code, or allowed the child to suffer any neglect as	727
described in section 2151.03 of the Revised Code between the date	728
that the original complaint alleging abuse or neglect was filed	729
and the date of the filing of the motion for permanent custody;	730

(4) The parent has demonstrated a lack of commitment toward	731
the child by failing to regularly support, visit, or communicate	732
with the child when able to do so, or by other actions showing an	733
unwillingness to provide an adequate permanent home for the child;	734

(5) The parent is incarcerated for an offense committed	735
against the child or a sibling of the child;	736

(6) The parent has been convicted of or pleaded guilty to an	737
offense under division (A) or (C) of section 2919.22 or under	738
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	739
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	740
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	741
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	742
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	743
Revised Code and the child or a sibling of the child was a victim	744
of the offense or the parent has been convicted of or pleaded	745
guilty to an offense under section 2903.04 of the Revised Code, a	746
sibling of the child was the victim of the offense, and the parent	747
who committed the offense poses an ongoing danger to the child or	748
a sibling of the child.	749

(7) The parent has been convicted of or pleaded guilty to one	750
of the following:	751

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	752
the Revised Code or under an existing or former law of this state,	753
any other state, or the United States that is substantially	754
equivalent to an offense described in those sections and the	755
victim of the offense was a sibling of the child or the victim was	756
another child who lived in the parent's household at the time of	757
the offense;	758

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	759
the Revised Code or under an existing or former law of this state,	760
any other state, or the United States that is substantially	761
equivalent to an offense described in those sections and the	762
victim of the offense is the child, a sibling of the child, or	763
another child who lived in the parent's household at the time of	764
the offense;	765

(c) An offense under division (B)(2) of section 2919.22 of	766
the Revised Code or under an existing or former law of this state,	767
any other state, or the United States that is substantially	768
equivalent to the offense described in that section and the child,	769
a sibling of the child, or another child who lived in the parent's	770
household at the time of the offense is the victim of the offense;	771

(d) An offense under section 2907.02, 2907.03, 2907.04,	772
2907.05, or 2907.06 of the Revised Code or under an existing or	773
former law of this state, any other state, or the United States	774
that is substantially equivalent to an offense described in those	775
sections and the victim of the offense is the child, a sibling of	776
the child, or another child who lived in the parent's household at	777
the time of the offense;	778

(e) A conspiracy or attempt to commit, or complicity in	779
committing, an offense described in division (E)(7)(a) or (d) of	780
this section.	781

(8) The parent has repeatedly withheld medical treatment or	782
food from the child when the parent has the means to provide the	783
treatment or food, and, in the case of withheld medical treatment,	784
the parent withheld it for a purpose other than to treat the	785
physical or mental illness or defect of the child by spiritual	786
means through prayer alone in accordance with the tenets of a	787
recognized religious body.	788

(9) The parent has placed the child at substantial risk of	789
harm two or more times due to alcohol or drug abuse and has	790
rejected treatment two or more times or refused to participate in	791
further treatment two or more times after a case plan issued	792
pursuant to section 2151.412 of the Revised Code requiring	793
treatment of the parent was journalized as part of a dispositional	794
order issued with respect to the child or an order was issued by	795
any other court requiring treatment of the parent.	796

(10) The parent has abandoned the child.

797

(11) The parent has had parental rights involuntarily	798
terminated with respect to a sibling of the child pursuant to this	799
section or section 2151.353 or 2151.415 of the Revised Code, or	800
under an existing or former law of this state, any other state, or	801
the United States that is substantially equivalent to those	802
sections, and the parent has failed to provide clear and	803
convincing evidence to prove that, notwithstanding the prior	804
termination, the parent can provide a legally secure permanent	805
placement and adequate care for the health, welfare, and safety of	806
the child.	807

(12) The parent is incarcerated at the time of the filing of	808
the motion for permanent custody or the dispositional hearing of	809
the child and will not be available to care for the child for at	810
least eighteen months after the filing of the motion for permanent	811
custody or the dispositional hearing.	812

(13) The parent is repeatedly incarcerated, and the repeated	813
incarceration prevents the parent from providing care for the	814
child.	815

(14) The parent for any reason is unwilling to provide food,	816
clothing, shelter, and other basic necessities for the child or to	817
prevent the child from suffering physical, emotional, or sexual	818
abuse or physical, emotional, or mental neglect.	819

(15) The parent has committed abuse as described in section	820
2151.031 of the Revised Code against the child or caused or	821
allowed the child to suffer neglect as described in section	822
2151.03 of the Revised Code, and the court determines that the	823
seriousness, nature, or likelihood of recurrence of the abuse or	824
neglect makes the child's placement with the child's parent a	825
threat to the child's safety.	826

(16) Any other factor the court considers relevant.

827

(F) The parents of a child for whom the court has issued an	828
order granting permanent custody pursuant to this section, upon	829
the issuance of the order, cease to be parties to the action. This	830
division is not intended to eliminate or restrict any right of the	831
parents to appeal the granting of permanent custody of their child	832
to a movant pursuant to this section.	833

Sec. 2151.415.  (A) Except for cases in which a motion for	834
permanent custody described in division (D)(1) of section 2151.413	835
of the Revised Code is required to be made, a public children	836
services agency or private child placing agency that has been	837
given temporary custody of a child pursuant to section 2151.353 of	838
the Revised Code, not later than thirty days prior to the earlier	839
of the date for the termination of the custody order pursuant to	840
division (G)(H) of section 2151.353 of the Revised Code or the	841
date set at the dispositional hearing for the hearing to be held	842
pursuant to this section, shall file a motion with the court that	843
issued the order of disposition requesting that any of the	844
following orders of disposition of the child be issued by the	845
court:	846

(1) An order that the child be returned home and the custody	847
of the child's parents, guardian, or custodian without any	848
restrictions;	849

(2) An order for protective supervision;

850

(3) An order that the child be placed in the legal custody of	851
a relative or other interested individual;	852

(4) An order permanently terminating the parental rights of	853
the child's parents;	854

(5) An order that the child be placed in a planned permanent	855
living arrangement;	856

(6) In accordance with division (D) of this section, an order	857
for the extension of temporary custody.	858

(B) Upon the filing of a motion pursuant to division (A) of	859
this section, the court shall hold a dispositional hearing on the	860
date set at the dispositional hearing held pursuant to section	861
2151.35 of the Revised Code, with notice to all parties to the	862
action in accordance with the Juvenile Rules. After the	863
dispositional hearing or at a date after the dispositional hearing	864
that is not later than one year after the earlier of the date on	865
which the complaint in the case was filed or the child was first	866
placed into shelter care, the court, in accordance with the best	867
interest of the child as supported by the evidence presented at	868
the dispositional hearing, shall issue an order of disposition as	869
set forth in division (A) of this section, except that all orders	870
for permanent custody shall be made in accordance with sections	871
2151.413 and 2151.414 of the Revised Code. In issuing an order of	872
disposition under this section, the court shall comply with	873
section 2151.42 of the Revised Code.	874

(C)(1) If an agency pursuant to division (A) of this section	875
requests the court to place a child into a planned permanent	876
living arrangement, the agency shall present evidence to indicate	877
why a planned permanent living arrangement is appropriate for the	878
child, including, but not limited to, evidence that the agency has	879
tried or considered all other possible dispositions for the child.	880
A court shall not place a child in a planned permanent living	881
arrangement, unless it finds, by clear and convincing evidence,	882
that a planned permanent living arrangement is in the best	883
interest of the child and that one of the following exists:	884

(a) The child, because of physical, mental, or psychological	885
problems or needs, is unable to function in a family-like setting	886
and must remain in residential or institutional care.	887

(b) The parents of the child have significant physical,	888
mental, or psychological problems and are unable to care for the	889
child because of those problems, adoption is not in the best	890
interest of the child, as determined in accordance with division	891
(D)(1) of section 2151.414 of the Revised Code, and the child	892
retains a significant and positive relationship with a parent or	893
relative;	894

(c) The child is sixteen years of age or older, has been	895
counseled on the permanent placement options available, is	896
unwilling to accept or unable to adapt to a permanent placement,	897
and is in an agency program preparing for independent living.	898

(2) If the court issues an order placing a child in a planned	899
permanent living arrangement, both of the following apply:	900

(a) The court shall issue a finding of fact setting forth the	901
reasons for its finding;	902

(b) The agency may make any appropriate placement for the	903
child and shall develop a case plan for the child that is designed	904
to assist the child in finding a permanent home outside of the	905
home of the parents.	906

(D)(1) If an agency pursuant to division (A) of this section	907
requests the court to grant an extension of temporary custody for	908
a period of up to six months, the agency shall include in the	909
motion an explanation of the progress on the case plan of the	910
child and of its expectations of reunifying the child with the	911
child's family, or placing the child in a permanent placement,	912
within the extension period. The court shall schedule a hearing on	913
the motion, give notice of its date, time, and location to all	914
parties and the guardian ad litem of the child, and at the hearing	915
consider the evidence presented by the parties and the guardian ad	916
litem. The court may extend the temporary custody order of the	917
child for a period of up to six months, if it determines at the	918
hearing, by clear and convincing evidence, that the extension is	919
in the best interest of the child, there has been significant	920
progress on the case plan of the child, and there is reasonable	921
cause to believe that the child will be reunified with one of the	922
parents or otherwise permanently placed within the period of	923
extension. In determining whether to extend the temporary custody	924
of the child pursuant to this division, the court shall comply	925
with section 2151.42 of the Revised Code. If the court extends the	926
temporary custody of the child pursuant to this division, upon	927
request it shall issue findings of fact.	928

(2) Prior to the end of the extension granted pursuant to	929
division (D)(1) of this section, the agency that received the	930
extension shall file a motion with the court requesting the	931
issuance of one of the orders of disposition set forth in	932
divisions (A)(1) to (5) of this section or requesting the court to	933
extend the temporary custody order of the child for an additional	934
period of up to six months. If the agency requests the issuance of	935
an order of disposition under divisions (A)(1) to (5) of this	936
section or does not file any motion prior to the expiration of the	937
extension period, the court shall conduct a hearing in accordance	938
with division (B) of this section and issue an appropriate order	939
of disposition. In issuing an order of disposition, the court	940
shall comply with section 2151.42 of the Revised Code.	941

If the agency requests an additional extension of up to six	942
months of the temporary custody order of the child, the court	943
shall schedule and conduct a hearing in the manner set forth in	944
division (D)(1) of this section. The court may extend the	945
temporary custody order of the child for an additional period of	946
up to six months if it determines at the hearing, by clear and	947
convincing evidence, that the additional extension is in the best	948
interest of the child, there has been substantial additional	949
progress since the original extension of temporary custody in the	950
case plan of the child, there has been substantial additional	951
progress since the original extension of temporary custody toward	952
reunifying the child with one of the parents or otherwise	953
permanently placing the child, and there is reasonable cause to	954
believe that the child will be reunified with one of the parents	955
or otherwise placed in a permanent setting before the expiration	956
of the additional extension period. In determining whether to	957
grant an additional extension, the court shall comply with section	958
2151.42 of the Revised Code. If the court extends the temporary	959
custody of the child for an additional period pursuant to this	960
division, upon request it shall issue findings of fact.	961

(3) Prior to the end of the extension of a temporary custody	962
order granted pursuant to division (D)(2) of this section, the	963
agency that received the extension shall file a motion with the	964
court requesting the issuance of one of the orders of disposition	965
set forth in divisions (A)(1) to (5) of this section. Upon the	966
filing of the motion by the agency or, if the agency does not file	967
the motion prior to the expiration of the extension period, upon	968
its own motion, the court, prior to the expiration of the	969
extension period, shall conduct a hearing in accordance with	970
division (B) of this section and issue an appropriate order of	971
disposition. In issuing an order of disposition, the court shall	972
comply with section 2151.42 of the Revised Code.	973

(4) No court shall grant an agency more than two extensions	974
of temporary custody pursuant to division (D) of this section and	975
the court shall not order an existing temporary custody order to	976
continue beyond two years after the date on which the complaint	977
was filed or the child was first placed into shelter care,	978
whichever date is earlier, regardless of whether any extensions	979
have been previously ordered pursuant to division (D) of this	980
section.	981

(E) After the issuance of an order pursuant to division (B)	982
of this section, the court shall retain jurisdiction over the	983
child until the child attains the age of eighteen if the child is	984
not mentally retarded, developmentally disabled, or physically	985
impaired, the child attains the age of twenty-one if the child is	986
mentally retarded, developmentally disabled, or physically	987
impaired, or the child is adopted and a final decree of adoption	988
is issued, unless the court's jurisdiction over the child is	989
extended pursuant to division (E)(F) of section 2151.353 of the	990
Revised Code.	991

(F) The court, on its own motion or the motion of the agency	992
or person with legal custody of the child, the child's guardian ad	993
litem, or any other party to the action, may conduct a hearing	994
with notice to all parties to determine whether any order issued	995
pursuant to this section should be modified or terminated or	996
whether any other dispositional order set forth in divisions	997
(A)(1) to (5) of this section should be issued. After the hearing	998
and consideration of all the evidence presented, the court, in	999
accordance with the best interest of the child, may modify or	1000
terminate any order issued pursuant to this section or issue any	1001
dispositional order set forth in divisions (A)(1) to (5) of this	1002
section. In rendering a decision under this division, the court	1003
shall comply with section 2151.42 of the Revised Code.	1004

(G) If the court places a child in a planned permanent living	1005
arrangement with a public children services agency or a private	1006
child placing agency pursuant to this section, the agency with	1007
which the child is placed in a planned permanent living	1008
arrangement shall not remove the child from the residential	1009
placement in which the child is originally placed pursuant to the	1010
case plan for the child or in which the child is placed with court	1011
approval pursuant to this division, unless the court and the	1012
guardian ad litem are given notice of the intended removal and the	1013
court issues an order approving the removal or unless the removal	1014
is necessary to protect the child from physical or emotional harm	1015
and the agency gives the court notice of the removal and of the	1016
reasons why the removal is necessary to protect the child from	1017
physical or emotional harm immediately after the removal of the	1018
child from the prior setting.	1019

(H) If the hearing held under this section takes the place of	1020
an administrative review that otherwise would have been held under	1021
section 2151.416 of the Revised Code, the court at the hearing	1022
held under this section shall do all of the following in addition	1023
to any other requirements of this section:	1024

(1) Determine the continued necessity for and the	1025
appropriateness of the child's placement;	1026

(2) Determine the extent of compliance with the child's case	1027
plan;	1028

(3) Determine the extent of progress that has been made	1029
toward alleviating or mitigating the causes necessitating the	1030
child's placement in foster care;	1031

(4) Project a likely date by which the child may be returned	1032
to the child's home or placed for adoption or legal guardianship;	1033

(5) Approve the permanency plan for the child consistent with	1034
section 2151.417 of the Revised Code.	1035

Sec. 2151.417.  (A) Any court that issues a dispositional	1036
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1037
Revised Code may review at any time the child's placement or	1038
custody arrangement, the case plan prepared for the child pursuant	1039
to section 2151.412 of the Revised Code, the actions of the public	1040
children services agency or private child placing agency in	1041
implementing that case plan, the child's permanency plan if the	1042
child's permanency plan has been approved, and any other aspects	1043
of the child's placement or custody arrangement. In conducting the	1044
review, the court shall determine the appropriateness of any	1045
agency actions, the safety and appropriateness of continuing the	1046
child's placement or custody arrangement, and whether any changes	1047
should be made with respect to the child's permanency plan or	1048
placement or custody arrangement or with respect to the actions of	1049
the agency under the child's placement or custody arrangement.	1050
Based upon the evidence presented at a hearing held after notice	1051
to all parties and the guardian ad litem of the child, the court	1052
may require the agency, the parents, guardian, or custodian of the	1053
child, and the physical custodians of the child to take any	1054
reasonable action that the court determines is necessary and in	1055
the best interest of the child or to discontinue any action that	1056
it determines is not in the best interest of the child.	1057

(B) If a court issues a dispositional order pursuant to	1058
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1059
court has continuing jurisdiction over the child as set forth in	1060
division (E)(F)(1) of section 2151.353 of the Revised Code. The	1061
court may amend a dispositional order in accordance with division	1062
(E)(F)(2) of section 2151.353 of the Revised Code at any time upon	1063
its own motion or upon the motion of any interested party. The	1064
court shall comply with section 2151.42 of the Revised Code in	1065
amending any dispositional order pursuant to this division.	1066

(C) Any court that issues a dispositional order pursuant to	1067
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1068
hold a review hearing one year after the earlier of the date on	1069
which the complaint in the case was filed or the child was first	1070
placed into shelter care to review the case plan prepared pursuant	1071
to section 2151.412 of the Revised Code and the child's placement	1072
or custody arrangement, to approve or review the permanency plan	1073
for the child, and to make changes to the case plan and placement	1074
or custody arrangement consistent with the permanency plan. The	1075
court shall schedule the review hearing at the time that it holds	1076
the dispositional hearing pursuant to section 2151.35 of the	1077
Revised Code.	1078

The court shall hold a similar review hearing no later than	1079
every twelve months after the initial review hearing until the	1080
child is adopted, returned to the parents, or the court otherwise	1081
terminates the child's placement or custody arrangement, except	1082
that the dispositional hearing held pursuant to section 2151.415	1083
of the Revised Code shall take the place of the first review	1084
hearing to be held under this section. The court shall schedule	1085
each subsequent review hearing at the conclusion of the review	1086
hearing immediately preceding the review hearing to be scheduled.	1087

(D) If, within fourteen days after a written summary of an	1088
administrative review is filed with the court pursuant to section	1089
2151.416 of the Revised Code, the court does not approve the	1090
proposed change to the case plan filed pursuant to division (E) of	1091
section 2151.416 of the Revised Code or a party or the guardian ad	1092
litem requests a review hearing pursuant to division (E) of that	1093
section, the court shall hold a review hearing in the same manner	1094
that it holds review hearings pursuant to division (C) of this	1095
section, except that if a review hearing is required by this	1096
division and if a hearing is to be held pursuant to division (C)	1097
of this section or section 2151.415 of the Revised Code, the	1098
hearing held pursuant to division (C) of this section or section	1099
2151.415 of the Revised Code shall take the place of the review	1100
hearing required by this division.	1101

(E) If a court determines pursuant to section 2151.419 of the	1102
Revised Code that a public children services agency or private	1103
child placing agency is not required to make reasonable efforts to	1104
prevent the removal of a child from the child's home, eliminate	1105
the continued removal of a child from the child's home, and return	1106
the child to the child's home, and the court does not return the	1107
child to the child's home pursuant to division (A)(3) of section	1108
2151.419 of the Revised Code, the court shall hold a review	1109
hearing to approve the permanency plan for the child and, if	1110
appropriate, to make changes to the child's case plan and the	1111
child's placement or custody arrangement consistent with the	1112
permanency plan. The court may hold the hearing immediately	1113
following the determination under section 2151.419 of the Revised	1114
Code and shall hold it no later than thirty days after making that	1115
determination.	1116

(F) The court shall give notice of the review hearings held	1117
pursuant to this section to every interested party, including, but	1118
not limited to, the appropriate agency employees who are	1119
responsible for the child's care and planning, the child's	1120
parents, any person who had guardianship or legal custody of the	1121
child prior to the custody order, the child's guardian ad litem,	1122
and the child. The court shall summon every interested party to	1123
appear at the review hearing and give them an opportunity to	1124
testify and to present other evidence with respect to the child's	1125
custody arrangement, including, but not limited to, the following:	1126
the case plan for the child,; the permanency plan, if one exists;	1127
the actions taken by the child's custodian; the need for a change	1128
in the child's custodian or caseworker; and the need for any	1129
specific action to be taken with respect to the child. The court	1130
shall require any interested party to testify or present other	1131
evidence when necessary to a proper determination of the issues	1132
presented at the review hearing. In any review hearing that	1133
pertains to a permanency plan for a child who will not be returned	1134
to the parent, the court shall consider in-state and out-of-state	1135
placement options and the court shall determine whether the	1136
in-state or the out-of-state placement continues to be appropriate	1137
and in the best interests of the child. In any review hearing that	1138
pertains to a permanency plan for a child, the court or a citizens	1139
board appointed by the court pursuant to division (H) of this	1140
section shall consult with the child, in an age-appropriate	1141
manner, regarding the proposed permanency plan for the child.	1142

(G) After the review hearing, the court shall take the	1143
following actions based upon the evidence presented:	1144

(1) If an administrative review has been conducted, determine	1145
whether the conclusions of the review are supported by a	1146
preponderance of the evidence and approve or modify the case plan	1147
based upon that evidence;	1148

(2) If the hearing was held under division (C) or (E) of this	1149
section, approve a permanency plan for the child that specifies	1150
whether and, if applicable, when the child will be safely returned	1151
home or placed for adoption, for legal custody, or in a planned	1152
permanent living arrangement. A permanency plan approved after a	1153
hearing under division (E) of this section shall not include any	1154
provision requiring the child to be returned to the child's home.	1155

(3) If the child is in temporary custody, do all of the	1156
following:	1157

(a) Determine whether the child can and should be returned	1158
home with or without an order for protective supervision;	1159

(b) If the child can and should be returned home with or	1160
without an order for protective supervision, terminate the order	1161
for temporary custody;	1162

(c) If the child cannot or should not be returned home with	1163
an order for protective supervision, determine whether the agency	1164
currently with custody of the child should retain custody or	1165
whether another public children services agency, private child	1166
placing agency, or an individual should be given custody of the	1167
child.	1168

The court shall comply with section 2151.42 of the Revised	1169
Code in taking any action under this division.	1170

(4) If the child is in permanent custody, determine what	1171
actions are required by the custodial agency and of any other	1172
organizations or persons in order to facilitate an adoption of the	1173
child and make any appropriate orders with respect to the custody	1174
arrangement or conditions of the child, including, but not limited	1175
to, a transfer of permanent custody to another public children	1176
services agency or private child placing agency;	1177

(5) Journalize the terms of the updated case plan for the	1178
child.	1179

(H) The court may appoint a referee or a citizens review	1180
board to conduct the review hearings that the court is required by	1181
this section to conduct, subject to the review and approval by the	1182
court of any determinations made by the referee or citizens review	1183
board. If the court appoints a citizens review board to conduct	1184
the review hearings, the board shall consist of one member	1185
representing the general public and four members who are trained	1186
or experienced in the care or placement of children and have	1187
training or experience in the fields of medicine, psychology,	1188
social work, education, or any related field. Of the initial	1189
appointments to the board, two shall be for a term of one year,	1190
two shall be for a term of two years, and one shall be for a term	1191
of three years, with all the terms ending one year after the date	1192
on which the appointment was made. Thereafter, all terms of the	1193
board members shall be for three years and shall end on the same	1194
day of the same month of the year as did the term that they	1195
succeed. Any member appointed to fill a vacancy occurring prior to	1196
the expiration of the term for which the member's predecessor was	1197
appointed shall hold office for the remainder of the term.	1198

(I) A copy of the court's determination following any review	1199
hearing held pursuant to this section shall be sent to the	1200
custodial agency, the guardian ad litem of the child who is the	1201
subject of the review hearing, and, if that child is not the	1202
subject of a permanent commitment hearing, the parents of the	1203
child.	1204

(J) If the hearing held under this section takes the place of	1205
an administrative review that otherwise would have been held under	1206
section 2151.416 of the Revised Code, the court at the hearing	1207
held under this section shall do all of the following in addition	1208
to any other requirements of this section:	1209

(1) Determine the continued necessity for and the safety and	1210
appropriateness of the child's placement;	1211

(2) Determine the extent of compliance with the child's case	1212
plan;	1213

(3) Determine the extent of progress that has been made	1214
toward alleviating or mitigating the causes necessitating the	1215
child's placement in foster care;	1216

(4) Project a likely date by which the child may be safely	1217
returned home or placed for adoption or legal custody.	1218

(K)(1) Whenever the court is required to approve a permanency	1219
plan under this section or section 2151.415 of the Revised Code,	1220
the public children services agency or private child placing	1221
agency that filed the complaint in the case, has custody of the	1222
child, or will be given custody of the child shall develop a	1223
permanency plan for the child. The agency must file the plan with	1224
the court prior to the hearing under this section or section	1225
2151.415 of the Revised Code.	1226

(2) The permanency plan developed by the agency must specify	1227
whether and, if applicable, when the child will be safely returned	1228
home or placed for adoption or legal custody. If the agency	1229
determines that there is a compelling reason why returning the	1230
child home or placing the child for adoption or legal custody is	1231
not in the best interest of the child, the plan shall provide that	1232
the child will be placed in a planned permanent living	1233
arrangement. A permanency plan developed as a result of a	1234
determination made under division (A)(2) of section 2151.419 of	1235
the Revised Code may not include any provision requiring the child	1236
to be returned home.	1237

Sec. 2151.421.  (A)(1)(a) No person described in division	1238
(A)(1)(b) of this section who is acting in an official or	1239
professional capacity and knows, or has reasonable cause to	1240
suspect based on facts that would cause a reasonable person in a	1241
similar position to suspect, that a child under eighteen years of	1242
age or a mentally retarded, developmentally disabled, or	1243
physically impaired child under twenty-one years of age has	1244
suffered or faces a threat of suffering any physical or mental	1245
wound, injury, disability, or condition of a nature that	1246
reasonably indicates abuse or neglect of the child shall fail to	1247
immediately report that knowledge or reasonable cause to suspect	1248
to the entity or persons specified in this division. Except as	1249
provided in section 5120.173 of the Revised Code, the person	1250
making the report shall make it to the public children services	1251
agency or a municipal or county peace officer in the county in	1252
which the child resides or in which the abuse or neglect is	1253
occurring or has occurred. In the circumstances described in	1254
section 5120.173 of the Revised Code, the person making the report	1255
shall make it to the entity specified in that section.	1256

(b) Division (A)(1)(a) of this section applies to any person	1257
who is an attorney; physician, including a hospital intern or	1258
resident; dentist; podiatrist; practitioner of a limited branch of	1259
medicine as specified in section 4731.15 of the Revised Code;	1260
registered nurse; licensed practical nurse; visiting nurse; other	1261
health care professional; licensed psychologist; licensed school	1262
psychologist; independent marriage and family therapist or	1263
marriage and family therapist; speech pathologist or audiologist;	1264
coroner; administrator or employee of a child day-care center;	1265
administrator or employee of a residential camp or child day camp;	1266
administrator or employee of a certified child care agency or	1267
other public or private children services agency; school teacher;	1268
school employee; school authority; person engaged in social work	1269
or the practice of professional counseling; agent of a county	1270
humane society; person, other than a cleric, rendering spiritual	1271
treatment through prayer in accordance with the tenets of a	1272
well-recognized religion; employee of a county department of job	1273
and family services who is a professional and who works with	1274
children and families; superintendent, board member, or employee	1275
of a county board of developmental disabilities; investigative	1276
agent contracted with by a county board of developmental	1277
disabilities; employee of the department of developmental	1278
disabilities; employee of a facility or home that provides respite	1279
care in accordance with section 5123.171 of the Revised Code;	1280
employee of a home health agency; employee of an entity that	1281
provides homemaker services; a person performing the duties of an	1282
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1283
or third party employed by a public children services agency to	1284
assist in providing child or family related services; court	1285
appointed special advocate; or guardian ad litem.	1286

(2) Except as provided in division (A)(3) of this section, an	1287
attorney or a physician is not required to make a report pursuant	1288
to division (A)(1) of this section concerning any communication	1289
the attorney or physician receives from a client or patient in an	1290
attorney-client or physician-patient relationship, if, in	1291
accordance with division (A) or (B) of section 2317.02 of the	1292
Revised Code, the attorney or physician could not testify with	1293
respect to that communication in a civil or criminal proceeding.	1294

(3) The client or patient in an attorney-client or	1295
physician-patient relationship described in division (A)(2) of	1296
this section is deemed to have waived any testimonial privilege	1297
under division (A) or (B) of section 2317.02 of the Revised Code	1298
with respect to any communication the attorney or physician	1299
receives from the client or patient in that attorney-client or	1300
physician-patient relationship, and the attorney or physician	1301
shall make a report pursuant to division (A)(1) of this section	1302
with respect to that communication, if all of the following apply:	1303

(a) The client or patient, at the time of the communication,	1304
is either a child under eighteen years of age or a mentally	1305
retarded, developmentally disabled, or physically impaired person	1306
under twenty-one years of age.	1307

(b) The attorney or physician knows, or has reasonable cause	1308
to suspect based on facts that would cause a reasonable person in	1309
similar position to suspect, as a result of the communication or	1310
any observations made during that communication, that the client	1311
or patient has suffered or faces a threat of suffering any	1312
physical or mental wound, injury, disability, or condition of a	1313
nature that reasonably indicates abuse or neglect of the client or	1314
patient.	1315

(c) The abuse or neglect does not arise out of the client's	1316
or patient's attempt to have an abortion without the notification	1317
of her parents, guardian, or custodian in accordance with section	1318
2151.85 of the Revised Code.	1319

(4)(a) No cleric and no person, other than a volunteer,	1320
designated by any church, religious society, or faith acting as a	1321
leader, official, or delegate on behalf of the church, religious	1322
society, or faith who is acting in an official or professional	1323
capacity, who knows, or has reasonable cause to believe based on	1324
facts that would cause a reasonable person in a similar position	1325
to believe, that a child under eighteen years of age or a mentally	1326
retarded, developmentally disabled, or physically impaired child	1327
under twenty-one years of age has suffered or faces a threat of	1328
suffering any physical or mental wound, injury, disability, or	1329
condition of a nature that reasonably indicates abuse or neglect	1330
of the child, and who knows, or has reasonable cause to believe	1331
based on facts that would cause a reasonable person in a similar	1332
position to believe, that another cleric or another person, other	1333
than a volunteer, designated by a church, religious society, or	1334
faith acting as a leader, official, or delegate on behalf of the	1335
church, religious society, or faith caused, or poses the threat of	1336
causing, the wound, injury, disability, or condition that	1337
reasonably indicates abuse or neglect shall fail to immediately	1338
report that knowledge or reasonable cause to believe to the entity	1339
or persons specified in this division. Except as provided in	1340
section 5120.173 of the Revised Code, the person making the report	1341
shall make it to the public children services agency or a	1342
municipal or county peace officer in the county in which the child	1343
resides or in which the abuse or neglect is occurring or has	1344
occurred. In the circumstances described in section 5120.173 of	1345
the Revised Code, the person making the report shall make it to	1346
the entity specified in that section.	1347

(b) Except as provided in division (A)(4)(c) of this section,	1348
a cleric is not required to make a report pursuant to division	1349
(A)(4)(a) of this section concerning any communication the cleric	1350
receives from a penitent in a cleric-penitent relationship, if, in	1351
accordance with division (C) of section 2317.02 of the Revised	1352
Code, the cleric could not testify with respect to that	1353
communication in a civil or criminal proceeding.	1354

(c) The penitent in a cleric-penitent relationship described	1355
in division (A)(4)(b) of this section is deemed to have waived any	1356
testimonial privilege under division (C) of section 2317.02 of the	1357
Revised Code with respect to any communication the cleric receives	1358
from the penitent in that cleric-penitent relationship, and the	1359
cleric shall make a report pursuant to division (A)(4)(a) of this	1360
section with respect to that communication, if all of the	1361
following apply:	1362

(i) The penitent, at the time of the communication, is either	1363
a child under eighteen years of age or a mentally retarded,	1364
developmentally disabled, or physically impaired person under	1365
twenty-one years of age.	1366

(ii) The cleric knows, or has reasonable cause to believe	1367
based on facts that would cause a reasonable person in a similar	1368
position to believe, as a result of the communication or any	1369
observations made during that communication, the penitent has	1370
suffered or faces a threat of suffering any physical or mental	1371
wound, injury, disability, or condition of a nature that	1372
reasonably indicates abuse or neglect of the penitent.	1373

(iii) The abuse or neglect does not arise out of the	1374
penitent's attempt to have an abortion performed upon a child	1375
under eighteen years of age or upon a mentally retarded,	1376
developmentally disabled, or physically impaired person under	1377
twenty-one years of age without the notification of her parents,	1378
guardian, or custodian in accordance with section 2151.85 of the	1379
Revised Code.	1380

(d) Divisions (A)(4)(a) and (c) of this section do not apply	1381
in a cleric-penitent relationship when the disclosure of any	1382
communication the cleric receives from the penitent is in	1383
violation of the sacred trust.	1384

(e) As used in divisions (A)(1) and (4) of this section,	1385
"cleric" and "sacred trust" have the same meanings as in section	1386
2317.02 of the Revised Code.	1387

(B) Anyone who knows, or has reasonable cause to suspect	1388
based on facts that would cause a reasonable person in similar	1389
circumstances to suspect, that a child under eighteen years of age	1390
or a mentally retarded, developmentally disabled, or physically	1391
impaired person under twenty-one years of age has suffered or	1392
faces a threat of suffering any physical or mental wound, injury,	1393
disability, or other condition of a nature that reasonably	1394
indicates abuse or neglect of the child may report or cause	1395
reports to be made of that knowledge or reasonable cause to	1396
suspect to the entity or persons specified in this division.	1397
Except as provided in section 5120.173 of the Revised Code, a	1398
person making a report or causing a report to be made under this	1399
division shall make it or cause it to be made to the public	1400
children services agency or to a municipal or county peace	1401
officer. In the circumstances described in section 5120.173 of the	1402
Revised Code, a person making a report or causing a report to be	1403
made under this division shall make it or cause it to be made to	1404
the entity specified in that section.	1405

(C) Any report made pursuant to division (A) or (B) of this	1406
section shall be made forthwith either by telephone or in person	1407
and shall be followed by a written report, if requested by the	1408
receiving agency or officer. The written report shall contain:	1409

(1) The names and addresses of the child and the child's	1410
parents or the person or persons having custody of the child, if	1411
known;	1412

(2) The child's age and the nature and extent of the child's	1413
injuries, abuse, or neglect that is known or reasonably suspected	1414
or believed, as applicable, to have occurred or of the threat of	1415
injury, abuse, or neglect that is known or reasonably suspected or	1416
believed, as applicable, to exist, including any evidence of	1417
previous injuries, abuse, or neglect;	1418

(3) Any other information that might be helpful in	1419
establishing the cause of the injury, abuse, or neglect that is	1420
known or reasonably suspected or believed, as applicable, to have	1421
occurred or of the threat of injury, abuse, or neglect that is	1422
known or reasonably suspected or believed, as applicable, to	1423
exist.	1424

Any person, who is required by division (A) of this section	1425
to report child abuse or child neglect that is known or reasonably	1426
suspected or believed to have occurred, may take or cause to be	1427
taken color photographs of areas of trauma visible on a child and,	1428
if medically indicated, cause to be performed radiological	1429
examinations of the child.	1430

(D) As used in this division, "children's advocacy center"	1431
and "sexual abuse of a child" have the same meanings as in section	1432
2151.425 of the Revised Code.	1433

(1) When a municipal or county peace officer receives a	1434
report concerning the possible abuse or neglect of a child or the	1435
possible threat of abuse or neglect of a child, upon receipt of	1436
the report, the municipal or county peace officer who receives the	1437
report shall refer the report to the appropriate public children	1438
services agency.	1439

(2) When a public children services agency receives a report	1440
pursuant to this division or division (A) or (B) of this section,	1441
upon receipt of the report, the public children services agency	1442
shall do both of the following:	1443

(a) Comply with section 2151.422 of the Revised Code;

1444

(b) If the county served by the agency is also served by a	1445
children's advocacy center and the report alleges sexual abuse of	1446
a child or another type of abuse of a child that is specified in	1447
the memorandum of understanding that creates the center as being	1448
within the center's jurisdiction, comply regarding the report with	1449
the protocol and procedures for referrals and investigations, with	1450
the coordinating activities, and with the authority or	1451
responsibility for performing or providing functions, activities,	1452
and services stipulated in the interagency agreement entered into	1453
under section 2151.428 of the Revised Code relative to that	1454
center.	1455

(E) No township, municipal, or county peace officer shall	1456
remove a child about whom a report is made pursuant to this	1457
section from the child's parents, stepparents, or guardian or any	1458
other persons having custody of the child without consultation	1459
with the public children services agency, unless, in the judgment	1460
of the officer, and, if the report was made by physician, the	1461
physician, immediate removal is considered essential to protect	1462
the child from further abuse or neglect. The agency that must be	1463
consulted shall be the agency conducting the investigation of the	1464
report as determined pursuant to section 2151.422 of the Revised	1465
Code.	1466

(F)(1) Except as provided in section 2151.422 of the Revised	1467
Code or in an interagency agreement entered into under section	1468
2151.428 of the Revised Code that applies to the particular	1469
report, the public children services agency shall investigate,	1470
within twenty-four hours, each report of child abuse or child	1471
neglect that is known or reasonably suspected or believed to have	1472
occurred and of a threat of child abuse or child neglect that is	1473
known or reasonably suspected or believed to exist that is	1474
referred to it under this section to determine the circumstances	1475
surrounding the injuries, abuse, or neglect or the threat of	1476
injury, abuse, or neglect, the cause of the injuries, abuse,	1477
neglect, or threat, and the person or persons responsible. The	1478
investigation shall be made in cooperation with the law	1479
enforcement agency and in accordance with the memorandum of	1480
understanding prepared under division (J) of this section. A	1481
representative of the public children services agency shall, at	1482
the time of initial contact with the person subject to the	1483
investigation, inform the person of the specific complaints or	1484
allegations made against the person. The information shall be	1485
given in a manner that is consistent with division (H)(1) of this	1486
section and protects the rights of the person making the report	1487
under this section.	1488

A failure to make the investigation in accordance with the	1489
memorandum is not grounds for, and shall not result in, the	1490
dismissal of any charges or complaint arising from the report or	1491
the suppression of any evidence obtained as a result of the report	1492
and does not give, and shall not be construed as giving, any	1493
rights or any grounds for appeal or post-conviction relief to any	1494
person. The public children services agency shall report each case	1495
to the uniform statewide automated child welfare information	1496
system that the department of job and family services shall	1497
maintain in accordance with section 5101.13 of the Revised Code.	1498
The public children services agency shall submit a report of its	1499
investigation, in writing, to the law enforcement agency.	1500

(2) The public children services agency shall make any	1501
recommendations to the county prosecuting attorney or city	1502
director of law that it considers necessary to protect any	1503
children that are brought to its attention.	1504

(G)(1)(a) Except as provided in division (H)(3) of this	1505
section, anyone or any hospital, institution, school, health	1506
department, or agency participating in the making of reports under	1507
division (A) of this section, anyone or any hospital, institution,	1508
school, health department, or agency participating in good faith	1509
in the making of reports under division (B) of this section, and	1510
anyone participating in good faith in a judicial proceeding	1511
resulting from the reports, shall be immune from any civil or	1512
criminal liability for injury, death, or loss to person or	1513
property that otherwise might be incurred or imposed as a result	1514
of the making of the reports or the participation in the judicial	1515
proceeding.	1516

(b) Notwithstanding section 4731.22 of the Revised Code, the	1517
physician-patient privilege shall not be a ground for excluding	1518
evidence regarding a child's injuries, abuse, or neglect, or the	1519
cause of the injuries, abuse, or neglect in any judicial	1520
proceeding resulting from a report submitted pursuant to this	1521
section.	1522

(2) In any civil or criminal action or proceeding in which it	1523
is alleged and proved that participation in the making of a report	1524
under this section was not in good faith or participation in a	1525
judicial proceeding resulting from a report made under this	1526
section was not in good faith, the court shall award the	1527
prevailing party reasonable attorney's fees and costs and, if a	1528
civil action or proceeding is voluntarily dismissed, may award	1529
reasonable attorney's fees and costs to the party against whom the	1530
civil action or proceeding is brought.	1531

(H)(1) Except as provided in divisions (H)(4) and (N) of this	1532
section, a report made under this section is confidential. The	1533
information provided in a report made pursuant to this section and	1534
the name of the person who made the report shall not be released	1535
for use, and shall not be used, as evidence in any civil action or	1536
proceeding brought against the person who made the report. Nothing	1537
in this division shall preclude the use of reports of other	1538
incidents of known or suspected abuse or neglect in a civil action	1539
or proceeding brought pursuant to division (M) of this section	1540
against a person who is alleged to have violated division (A)(1)	1541
of this section, provided that any information in a report that	1542
would identify the child who is the subject of the report or the	1543
maker of the report, if the maker of the report is not the	1544
defendant or an agent or employee of the defendant, has been	1545
redacted. In a criminal proceeding, the report is admissible in	1546
evidence in accordance with the Rules of Evidence and is subject	1547
to discovery in accordance with the Rules of Criminal Procedure.	1548

(2) No person shall permit or encourage the unauthorized	1549
dissemination of the contents of any report made under this	1550
section.	1551

(3) A person who knowingly makes or causes another person to	1552
make a false report under division (B) of this section that	1553
alleges that any person has committed an act or omission that	1554
resulted in a child being an abused child or a neglected child is	1555
guilty of a violation of section 2921.14 of the Revised Code.	1556

(4) If a report is made pursuant to division (A) or (B) of	1557
this section and the child who is the subject of the report dies	1558
for any reason at any time after the report is made, but before	1559
the child attains eighteen years of age, the public children	1560
services agency or municipal or county peace officer to which the	1561
report was made or referred, on the request of the child fatality	1562
review board, shall submit a summary sheet of information	1563
providing a summary of the report to the review board of the	1564
county in which the deceased child resided at the time of death.	1565
On the request of the review board, the agency or peace officer	1566
may, at its discretion, make the report available to the review	1567
board. If the county served by the public children services agency	1568
is also served by a children's advocacy center and the report of	1569
alleged sexual abuse of a child or another type of abuse of a	1570
child is specified in the memorandum of understanding that creates	1571
the center as being within the center's jurisdiction, the agency	1572
or center shall perform the duties and functions specified in this	1573
division in accordance with the interagency agreement entered into	1574
under section 2151.428 of the Revised Code relative to that	1575
advocacy center.	1576

(5) A public children services agency shall advise a person	1577
alleged to have inflicted abuse or neglect on a child who is the	1578
subject of a report made pursuant to this section, including a	1579
report alleging sexual abuse of a child or another type of abuse	1580
of a child referred to a children's advocacy center pursuant to an	1581
interagency agreement entered into under section 2151.428 of the	1582
Revised Code, in writing of the disposition of the investigation.	1583
The agency shall not provide to the person any information that	1584
identifies the person who made the report, statements of	1585
witnesses, or police or other investigative reports.	1586

(I) Any report that is required by this section, other than a	1587
report that is made to the state highway patrol as described in	1588
section 5120.173 of the Revised Code, shall result in protective	1589
services and emergency supportive services being made available by	1590
the public children services agency on behalf of the children	1591
about whom the report is made, in an effort to prevent further	1592
neglect or abuse, to enhance their welfare, and, whenever	1593
possible, to preserve the family unit intact. The agency required	1594
to provide the services shall be the agency conducting the	1595
investigation of the report pursuant to section 2151.422 of the	1596
Revised Code.	1597

(J)(1) Each public children services agency shall prepare a	1598
memorandum of understanding that is signed by all of the	1599
following:	1600

(a) If there is only one juvenile judge in the county, the	1601
juvenile judge of the county or the juvenile judge's	1602
representative;	1603

(b) If there is more than one juvenile judge in the county, a	1604
juvenile judge or the juvenile judges' representative selected by	1605
the juvenile judges or, if they are unable to do so for any	1606
reason, the juvenile judge who is senior in point of service or	1607
the senior juvenile judge's representative;	1608

(c) The county peace officer;

1609

(d) All chief municipal peace officers within the county;

1610

(e) Other law enforcement officers handling child abuse and	1611
neglect cases in the county;	1612

(f) The prosecuting attorney of the county;

1613

(g) If the public children services agency is not the county	1614
department of job and family services, the county department of	1615
job and family services;	1616

(h) The county humane society;

1617

(i) If the public children services agency participated in	1618
the execution of a memorandum of understanding under section	1619
2151.426 of the Revised Code establishing a children's advocacy	1620
center, each participating member of the children's advocacy	1621
center established by the memorandum.	1622

(2) A memorandum of understanding shall set forth the normal	1623
operating procedure to be employed by all concerned officials in	1624
the execution of their respective responsibilities under this	1625
section and division (C) of section 2919.21, division (B)(1) of	1626
section 2919.22, division (B) of section 2919.23, and section	1627
2919.24 of the Revised Code and shall have as two of its primary	1628
goals the elimination of all unnecessary interviews of children	1629
who are the subject of reports made pursuant to division (A) or	1630
(B) of this section and, when feasible, providing for only one	1631
interview of a child who is the subject of any report made	1632
pursuant to division (A) or (B) of this section. A failure to	1633
follow the procedure set forth in the memorandum by the concerned	1634
officials is not grounds for, and shall not result in, the	1635
dismissal of any charges or complaint arising from any reported	1636
case of abuse or neglect or the suppression of any evidence	1637
obtained as a result of any reported child abuse or child neglect	1638
and does not give, and shall not be construed as giving, any	1639
rights or any grounds for appeal or post-conviction relief to any	1640
person.	1641

(3) A memorandum of understanding shall include all of the	1642
following:	1643

(a) The roles and responsibilities for handling emergency and	1644
nonemergency cases of abuse and neglect;	1645

(b) Standards and procedures to be used in handling and	1646
coordinating investigations of reported cases of child abuse and	1647
reported cases of child neglect, methods to be used in	1648
interviewing the child who is the subject of the report and who	1649
allegedly was abused or neglected, and standards and procedures	1650
addressing the categories of persons who may interview the child	1651
who is the subject of the report and who allegedly was abused or	1652
neglected.	1653

(4) If a public children services agency participated in the	1654
execution of a memorandum of understanding under section 2151.426	1655
of the Revised Code establishing a children's advocacy center, the	1656
agency shall incorporate the contents of that memorandum in the	1657
memorandum prepared pursuant to this section.	1658

(5) The clerk of the court of common pleas in the county may	1659
sign the memorandum of understanding prepared under division	1660
(J)(1) of this section. If the clerk signs the memorandum of	1661
understanding, the clerk shall execute all relevant	1662
responsibilities as required of officials specified in the	1663
memorandum.	1664

(K)(1) Except as provided in division (K)(4) of this section,	1665
a person who is required to make a report pursuant to division (A)	1666
of this section may make a reasonable number of requests of the	1667
public children services agency that receives or is referred the	1668
report, or of the children's advocacy center that is referred the	1669
report if the report is referred to a children's advocacy center	1670
pursuant to an interagency agreement entered into under section	1671
2151.428 of the Revised Code, to be provided with the following	1672
information:	1673

(a) Whether the agency or center has initiated an	1674
investigation of the report;	1675

(b) Whether the agency or center is continuing to investigate	1676
the report;	1677

(c) Whether the agency or center is otherwise involved with	1678
the child who is the subject of the report;	1679

(d) The general status of the health and safety of the child	1680
who is the subject of the report;	1681

(e) Whether the report has resulted in the filing of a	1682
complaint in juvenile court or of criminal charges in another	1683
court.	1684

(2) A person may request the information specified in	1685
division (K)(1) of this section only if, at the time the report is	1686
made, the person's name, address, and telephone number are	1687
provided to the person who receives the report.	1688

When a municipal or county peace officer or employee of a	1689
public children services agency receives a report pursuant to	1690
division (A) or (B) of this section the recipient of the report	1691
shall inform the person of the right to request the information	1692
described in division (K)(1) of this section. The recipient of the	1693
report shall include in the initial child abuse or child neglect	1694
report that the person making the report was so informed and, if	1695
provided at the time of the making of the report, shall include	1696
the person's name, address, and telephone number in the report.	1697

Each request is subject to verification of the identity of	1698
the person making the report. If that person's identity is	1699
verified, the agency shall provide the person with the information	1700
described in division (K)(1) of this section a reasonable number	1701
of times, except that the agency shall not disclose any	1702
confidential information regarding the child who is the subject of	1703
the report other than the information described in those	1704
divisions.	1705

(3) A request made pursuant to division (K)(1) of this	1706
section is not a substitute for any report required to be made	1707
pursuant to division (A) of this section.	1708

(4) If an agency other than the agency that received or was	1709
referred the report is conducting the investigation of the report	1710
pursuant to section 2151.422 of the Revised Code, the agency	1711
conducting the investigation shall comply with the requirements of	1712
division (K) of this section.	1713

(L) The director of job and family services shall adopt rules	1714
in accordance with Chapter 119. of the Revised Code to implement	1715
this section. The department of job and family services may enter	1716
into a plan of cooperation with any other governmental entity to	1717
aid in ensuring that children are protected from abuse and	1718
neglect. The department shall make recommendations to the attorney	1719
general that the department determines are necessary to protect	1720
children from child abuse and child neglect.	1721

(M) Whoever violates division (A) of this section is liable	1722
for compensatory and exemplary damages to the child who would have	1723
been the subject of the report that was not made. A person who	1724
brings a civil action or proceeding pursuant to this division	1725
against a person who is alleged to have violated division (A)(1)	1726
of this section may use in the action or proceeding reports of	1727
other incidents of known or suspected abuse or neglect, provided	1728
that any information in a report that would identify the child who	1729
is the subject of the report or the maker of the report, if the	1730
maker is not the defendant or an agent or employee of the	1731
defendant, has been redacted.	1732

(N)(1) As used in this division:

1733

(a) "Out-of-home care" includes a nonchartered nonpublic	1734
school if the alleged child abuse or child neglect, or alleged	1735
threat of child abuse or child neglect, described in a report	1736
received by a public children services agency allegedly occurred	1737
in or involved the nonchartered nonpublic school and the alleged	1738
perpetrator named in the report holds a certificate, permit, or	1739
license issued by the state board of education under section	1740
3301.071 or Chapter 3319. of the Revised Code.	1741

(b) "Administrator, director, or other chief administrative	1742
officer" means the superintendent of the school district if the	1743
out-of-home care entity subject to a report made pursuant to this	1744
section is a school operated by the district.	1745

(2) No later than the end of the day following the day on	1746
which a public children services agency receives a report of	1747
alleged child abuse or child neglect, or a report of an alleged	1748
threat of child abuse or child neglect, that allegedly occurred in	1749
or involved an out-of-home care entity, the agency shall provide	1750
written notice of the allegations contained in and the person	1751
named as the alleged perpetrator in the report to the	1752
administrator, director, or other chief administrative officer of	1753
the out-of-home care entity that is the subject of the report	1754
unless the administrator, director, or other chief administrative	1755
officer is named as an alleged perpetrator in the report. If the	1756
administrator, director, or other chief administrative officer of	1757
an out-of-home care entity is named as an alleged perpetrator in a	1758
report of alleged child abuse or child neglect, or a report of an	1759
alleged threat of child abuse or child neglect, that allegedly	1760
occurred in or involved the out-of-home care entity, the agency	1761
shall provide the written notice to the owner or governing board	1762
of the out-of-home care entity that is the subject of the report.	1763
The agency shall not provide witness statements or police or other	1764
investigative reports.	1765

(3) No later than three days after the day on which a public	1766
children services agency that conducted the investigation as	1767
determined pursuant to section 2151.422 of the Revised Code makes	1768
a disposition of an investigation involving a report of alleged	1769
child abuse or child neglect, or a report of an alleged threat of	1770
child abuse or child neglect, that allegedly occurred in or	1771
involved an out-of-home care entity, the agency shall send written	1772
notice of the disposition of the investigation to the	1773
administrator, director, or other chief administrative officer and	1774
the owner or governing board of the out-of-home care entity. The	1775
agency shall not provide witness statements or police or other	1776
investigative reports.	1777

(O) As used in this section, "investigation" means the public	1778
children services agency's response to an accepted report of child	1779
abuse or neglect through either an alternative response or a	1780
traditional response.	1781

Sec. 5101.802.  (A) As used in this section:

1782

(1) "Custodian," "guardian," and "minor child" have the same	1783
meanings as in section 5107.02 of the Revised Code.	1784

(2) "Federal poverty guidelines" has the same meaning as in	1785
section 5101.46 of the Revised Code.	1786

(3) "Kinship caregiver" has the same meaning as in section	1787
5101.85 of the Revised Code.	1788

(B) Subject to division (E) of section 5101.801 of the	1789
Revised Code, there is hereby created the kinship permanency	1790
incentive program to promote permanency for a minor child in the	1791
legal and physical custody of a kinship caregiver. The program	1792
shall provide an initial one-time incentive payment to the kinship	1793
caregiver to defray the costs of initial placement of the minor	1794
child in the kinship caregiver's home. The program may provide	1795
additional permanency incentive payments for the minor child at	1796
six month intervals for a total period not to exceed thirty-six	1797
forty-eight months, based on the availability of funds.	1798

(C) A kinship caregiver may participate in the program if all	1799
of the following requirements are met:	1800

(1) The kinship caregiver applies to a public children	1801
services agency in accordance with the application process	1802
established in rules authorized by division (E) of this section;	1803

(2) Not earlier than July 1, 2005, a juvenile court issues an	1804
order granting legal custody to the kinship caregiver, or a	1805
probate court grants guardianship to the kinship caregiver, except	1806
that a temporary court order is not sufficient to meet this	1807
requirement;	1808

(3) The kinship caregiver is either the minor child's	1809
custodian or guardian;	1810

(4) The minor child resides with the kinship caregiver	1811
pursuant to a placement approval process established in rules	1812
authorized by division (E) of this section;	1813

(5) Excluding any income excluded under rules adopted under	1814
division (E) of this section, the gross income of the kinship	1815
caregiver's family, including the minor child, does not exceed	1816
three hundred per cent of the federal poverty guidelines.	1817

(D) Public children services agencies shall make initial and	1818
ongoing eligibility determinations for the kinship permanency	1819
incentive program in accordance with rules authorized by division	1820
(E) of this section. The director of job and family services shall	1821
supervise public children services agencies' duties under this	1822
section.	1823

(E) The director of job and family services shall adopt rules	1824
under division (C) of section 5101.801 of the Revised Code as	1825
necessary to implement the kinship permanency incentive program.	1826
The rules shall establish all of the following:	1827

(1) The application process for the program;

1828

(2) The placement approval process through which a minor	1829
child is placed with a kinship caregiver for the kinship caregiver	1830
to be eligible for the program;	1831

(3) The initial and ongoing eligibility determination process	1832
for the program, including the computation of income eligibility;	1833

(4) The amount of the incentive payments provided under the	1834
program;	1835

(5) The method by which the incentive payments are provided	1836
to a kinship caregiver.	1837

(F) The amendments made to this section by Am. Sub. H.B. 119	1838
of the 127th general assembly shall not affect the eligibility of	1839
any kinship caregiver whose eligibility was established before	1840
the effective date of the amendmentsJune 30, 2007.	1841

Sec. 5103.035.  A public children services agency, private	1842
child placing agency, or private noncustodial agency acting as a	1843
recommending agency for a foster caregiver shall develop and	1844
implement a written needs assessment and continuing training plan	1845
for the foster caregiver. Each needs assessment and continuing	1846
training plan shall satisfy all of the following requirements:	1847

(A) Be effective for the two-year period the foster	1848
caregiver's certificate is in effect;	1849

(B) Be appropriate for the type of foster home the foster	1850
caregiver operates, and include training for the caregiver that	1851
relates to providing independent living services, as defined in	1852
section 2151.81 of the Revised Code, to a child placed as provided	1853
in division (B)(2) of section 2151.353 of the Revised Code;	1854

(C) Require the foster caregiver to successfully complete the	1855
training required by the department in rules adopted pursuant to	1856
section 5103.0316 of the Revised Code and any other courses the	1857
agency considers appropriate;	1858

(D) Include criteria the agency is to use to determine	1859
whether the foster caregiver has successfully completed the	1860
courses;	1861

(E) Guarantee that the courses the foster caregiver is	1862
required to complete are available to the foster caregiver at	1863
reasonable times and places;	1864

(F) Specify the number of hours of continuing training, if	1865
any, the foster caregiver may complete by teaching one or more	1866
training classes to other foster caregivers or by providing	1867
mentoring services to other foster caregivers pursuant to division	1868
(B) of section 5103.032 of the Revised Code;	1869

(G) Specify the number of hours of continuing training, if	1870
any, the agency will waive pursuant to division (C) of section	1871
5103.032 of the Revised Code.	1872

Sec. 5103.162. (A) Except as provided in division (B) of this	1873
section, a foster caregiver shall be immune from liability in a	1874
civil action to recover damages for injury, death, or loss to	1875
person or property allegedly caused by an act or omission in	1876
connection with a power, duty, responsibility, or authorization	1877
under this chapter or under rules adopted under authority of this	1878
chapter.	1879

(B) The immunity described in division (A) of this section	1880
does not apply to a foster caregiver if, in relation to the act or	1881
omission in question, any of the following applies:	1882

(1) The act or omission was manifestly outside the scope of	1883
the foster caregiver's power, duty, responsibility, or	1884
authorization.	1885

(2) The act or omission was with malicious purpose, in bad	1886
faith, or in a wanton or reckless manner.	1887

(3) Liability for the act or omission is expressly imposed by	1888
a section of the Revised Code.	1889

(C)(1) A foster caregiver shall use a reasonable and prudent	1890
parent standard when considering whether to authorize a foster	1891
child who resides in the foster home to participate in	1892
extracurricular, enrichment, and social activities.	1893

(2) A public children services agency, private child placing	1894
agency, or private noncustodial agency that serves as the child's	1895
custodian or as the supervising agency for the foster caregiver	1896
shall be immune from liability in a civil action to recover	1897
damages for injury, death, or loss to person or property that	1898
result from a foster caregiver's or agency's decisions using a	1899
reasonable and prudent parent standard in accordance with division	1900
(C)(1) of this section.	1901

(3) Nothing in this section shall affect, limit, abridge, or	1902
otherwise modify the immunities and defenses available to a public	1903
children services agency as a political subdivision under Chapter	1904
2744. of the Revised Code.	1905

(4) As used in this section, "reasonable and prudent parent	1906
standard" means the standard characterized by careful and sensible	1907
parental decisions that maintain the child's health, safety, and	1908
best interests while at the same time encouraging the child's	1909
emotional and developmental growth, that a caregiver or agency	1910
shall use when determining whether to allow a child in the care of	1911
a foster caregiver to participate in extracurricular, enrichment,	1912
and social activities.	1913

Section 2.  That existing sections 2151.281, 2151.353,	1914
2151.414, 2151.415, 2151.417, 2151.421, 5101.802, 5103.035, and	1915
5103.162 of the Revised Code are hereby repealed.	1916

Section 3.  Section 2151.281 of the Revised Code is presented	1917
in this act as a composite of the section as amended by both Am.	1918
Sub. S.B. 17 and Am. Sub. S.B. 238 of the 126th General Assembly.	1919
The General Assembly, applying the principle stated in division	1920
(B) of section 1.52 of the Revised Code that amendments are to be	1921
harmonized if reasonably capable of simultaneous operation, finds	1922
that the composite is the resulting version of the section in	1923
effect prior to the effective date of the section as presented in	1924
this act.	1925