As Reported by the House Judiciary Committee

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 213

Representatives Pelanda, Celebrezze 

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

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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 require the

18

department of job and family services to adopt

19

rules that establish policies and procedures for

20

determining when a foster child or an alleged or

21

adjudicated abused, neglected, or dependent child

22

subject to out-of-home care may participate in

23

certain activities, to exempt a public children

24

services agency, private child placing agency, or

25

private noncustodial agency from civil liability

26

that results from a foster caregiver's or agency's

27

decisions using a reasonable and prudent parent

28

standard, to limit the circumstances under which a

29

child is placed into a planned permanent living

30

arrangement, to extend the period for incentive

31

payments under the kinship permanency incentive

32

program, and to provide factors for a person or

33

facility to consider when determining if an

34

alleged or adjudicated abused, neglected, or

35

dependent child subject to out-of-home care is

36

able to participate in certain activities.

37

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

Section 1.  That sections 2151.281, 2151.353, 2151.414,	38
2151.415, 2151.417, 2151.421, 5101.802, 5103.035, and 5103.162 be	39
amended and section 2151.315 of the Revised Code be enacted to	40
read as follows:	41

Sec. 2151.281.  (A) The court shall appoint a guardian ad	42
litem, subject to rules adopted by the supreme court, to protect	43
the interest of a child in any proceeding concerning an alleged or	44
adjudicated delinquent child or unruly child when either of the	45
following applies:	46

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

47

(2) The court finds that there is a conflict of interest	48
between the child and the child's parent, guardian, or legal	49
custodian.	50

(B)(1) TheExcept as provided in division (K) of this	51
section, the court shall appoint a guardian ad litem, subject to	52
rules adopted by the supreme court, to protect the interest of a	53
child in any proceeding concerning an alleged abused or neglected	54
child and in any proceeding held pursuant to section 2151.414 of	55
the Revised Code. The guardian ad litem so appointed shall not be	56
the attorney responsible for presenting the evidence alleging that	57
the child is an abused or neglected child and shall not be an	58
employee of any party in the proceeding.	59

(2) Except in any proceeding concerning a dependent child	60
involving the permanent custody of an infant under the age of six	61
months for the sole purpose of placement for adoption by a private	62
child placing agency, the court shall appoint a guardian ad litem	63
or a court appointed special advocate, subject to rules adopted by	64
the supreme court, to protect the interest of a child in any	65
proceeding concerning an alleged dependent child if any of the	66
following applies:	67

(a) The parent of the child appears to be mentally	68
incompetent or is under eighteen years of age.	69

(b) There is a conflict of interest between the child and the	70
child's parents, guardian, or custodian.	71

(c) The court believes that the parent of the child is not	72
capable of representing the best interest of the child.	73

(3) Except in any proceeding concerning a dependent child	74
involving the permanent custody of an infant under the age of six	75
months for the sole purpose of placement for adoption by a private	76
child placing agency, the court may appoint a guardian ad litem or	77
a court appointed special advocate, subject to rules adopted by	78
the supreme court, to protect the interest of the child in any	79
other proceeding concerning an alleged dependent child.	80

(4) The guardian ad litem appointed for an alleged or	81
adjudicated abused or neglected child may bring a civil action	82
against any person who is required by division (A)(1) or (4) of	83
section 2151.421 of the Revised Code to file a report of child	84
abuse or child neglect that is known or reasonably suspected or	85
believed to have occurred if that person knows, or has reasonable	86
cause to suspect or believe based on facts that would cause a	87
reasonable person in a similar position to suspect or believe, as	88
applicable, that the child for whom the guardian ad litem is	89
appointed is the subject of child abuse or child neglect and does	90
not file the required report and if the child suffers any injury	91
or harm as a result of the child abuse or child neglect that is	92
known or reasonably suspected or believed to have occurred or	93
suffers additional injury or harm after the failure to file the	94
report.	95

(C) In any proceeding concerning an alleged or adjudicated	96
delinquent, unruly, abused, neglected, or dependent child in which	97
the parent appears to be mentally incompetent or is under eighteen	98
years of age, the court shall appoint a guardian ad litem to	99
protect the interest of that parent.	100

(D) The court shall require the guardian ad litem to	101
faithfully discharge the guardian ad litem's duties and, upon the	102
guardian ad litem's failure to faithfully discharge the guardian	103
ad litem's duties, shall discharge the guardian ad litem and	104
appoint another guardian ad litem. The court may fix the	105
compensation for the service of the guardian ad litem, which	106
compensation shall be paid from the treasury of the county,	107
subject to rules adopted by the supreme court.	108

(E) A parent who is eighteen years of age or older and not	109
mentally incompetent shall be deemed sui juris for the purpose of	110
any proceeding relative to a child of the parent who is alleged or	111
adjudicated to be an abused, neglected, or dependent child.	112

(F) In any case in which a parent of a child alleged or	113
adjudicated to be an abused, neglected, or dependent child is	114
under eighteen years of age, the parents of that parent shall be	115
summoned to appear at any hearing respecting the child, who is	116
alleged or adjudicated to be an abused, neglected, or dependent	117
child.	118

(G) InExcept as provided in division (K) of this section, in	119
any case involvingin which a guardian ad litem or a court	120
appointed special advocate is to be appointed for an alleged or	121
adjudicated abused or, neglected, or dependent child or in any	122
case involving an agreement for the voluntary surrender of	123
temporary or permanent custody of a child that is made in	124
accordance with section 5103.15 of the Revised Code, the court	125
shall appoint the guardian ad litem in each case as soon as	126
possible after the complaint is filed, the request for an	127
extension of the temporary custody agreement is filed with the	128
court, or the request for court approval of the permanent custody	129
agreement is filed. In any case involving an alleged dependent	130
child in which the parent of the child appears to be mentally	131
incompetent or is under eighteen years of age, there is a conflict	132
of interest between the child and the child's parents, guardian,	133
or custodian, or the court believes that the parent of the child	134
is not capable of representing the best interest of the child, the	135
court shall appoint a guardian ad litem for the child. The	136
guardian ad litem or the guardian ad litem's replacement shall	137
continue to serve until any of the following occur:	138

(1) The complaint is dismissed or the request for an	139
extension of a temporary custody agreement or for court approval	140
of the permanent custody agreement is withdrawn or denied;	141

(2) All dispositional orders relative to the child have	142
terminated;	143

(3) The legal custody of the child is granted to a relative	144
of the child, or to another person;	145

(4) The child is placed in an adoptive home or, at the	146
court's discretion, a final decree of adoption is issued with	147
respect to the child;	148

(5) The child reaches the age of eighteen if the child is not	149
mentally retarded, developmentally disabled, or physically	150
impaired or the child reaches the age of twenty-one if the child	151
is mentally retarded, developmentally disabled, or physically	152
impaired;	153

(6) The guardian ad litem resigns or is removed by the court	154
and a replacement is appointed by the court.	155

If a guardian ad litem ceases to serve a child pursuant to	156
division (G)(4) of this section and the petition for adoption with	157
respect to the child is denied or withdrawn prior to the issuance	158
of a final decree of adoption or prior to the date an	159
interlocutory order of adoption becomes final, the juvenile court	160
shall reappoint a guardian ad litem for that child. The public	161
children services agency or private child placing agency with	162
permanent custody of the child shall notify the juvenile court if	163
the petition for adoption is denied or withdrawn.	164

(H) If the guardian ad litem for an alleged or adjudicated	165
abused, neglected, or dependent child is an attorney admitted to	166
the practice of law in this state, the guardian ad litem also may	167
serve as counsel to the ward. Until the supreme court adopts rules	168
regarding service as a guardian ad litem that regulate conflicts	169
between a person's role as guardian ad litem and as counsel, if a	170
person is serving as guardian ad litem and counsel for a child and	171
either that person or the court finds that a conflict may exist	172
between the person's roles as guardian ad litem and as counsel,	173
the court shall relieve the person of duties as guardian ad litem	174
and appoint someone else as guardian ad litem for the child. If	175
the court appoints a person who is not an attorney admitted to the	176
practice of law in this state to be a guardian ad litem, the court	177
also may appoint an attorney admitted to the practice of law in	178
this state to serve as counsel for the guardian ad litem.	179

(I) The guardian ad litem for an alleged or adjudicated	180
abused, neglected, or dependent child shall perform whatever	181
functions are necessary to protect the best interest of the child,	182
including, but not limited to, investigation, mediation,	183
monitoring court proceedings, and monitoring the services provided	184
the child by the public children services agency or private child	185
placing agency that has temporary or permanent custody of the	186
child, and shall file any motions and other court papers that are	187
in the best interest of the child in accordance with rules adopted	188
by the supreme court.	189

The guardian ad litem shall be given notice of all hearings,	190
administrative reviews, and other proceedings in the same manner	191
as notice is given to parties to the action.	192

(J)(1) When the court appoints a guardian ad litem pursuant	193
to this section, it shall appoint a qualified volunteer or court	194
appointed special advocate whenever one is available and the	195
appointment is appropriate.	196

(2) Upon request, the department of job and family services	197
shall provide for the training of volunteer guardians ad litem.	198

(K) A guardian ad litem shall not be appointed for a child	199
who is under six months of age in any proceeding in which a	200
private child placing agency is seeking permanent custody of the	201
child or seeking approval of a voluntary permanent custody	202
surrender agreement for the sole purpose of the adoption of the	203
child.	204

Sec. 2151.315.  (A) As used in this section,	205
"age-appropriate" means activities or items that are generally	206
accepted as suitable for children of the same chronological age or	207
level of maturity. Age appropriateness is based on the development	208
of cognitive, emotional, physical, and behavioral capacity that is	209
typical for an age or age group.	210

(B) A child who is subject to out-of-home care for alleged or	211
adjudicated abused, neglected, or dependent children is entitled	212
to participate in age-appropriate extracurricular, enrichment, and	213
social activities.	214

(C) A person or facility that is providing out-of-home care	215
for an alleged or adjudicated abused, neglected, or dependent	216
child shall consider all of the following when determining whether	217
to give permission for that child to participate in	218
extracurricular, enrichment, or social activities:	219

(1) The child's age, maturity, and developmental level to	220
maintain the overall health and safety of the child;	221

(2) The potential risk factors and the appropriateness of the	222
extracurricular, enrichment, or social activity;	223

(3) The best interest of the child based on information known	224
by the person or facility providing out-of-home care for an	225
alleged or adjudicated abused, neglected, or dependent child;	226

(4) The importance of encouraging the child's emotional and	227
developmental growth;	228

(5) The importance of providing the child with the most	229
family-like living experience possible;	230

(6) The behavioral history of the child and the child's	231
ability to safely participate in the extracurricular, enrichment,	232
or social activity.	233

(D) A person or facility that provides out-of-home care to an	234
alleged or adjudicated abused, neglected, or dependent child shall	235
be immune from liability in a civil action to recover damages for	236
injury, death, or loss to person or property caused to the child	237
who participates in an extracurricular, enrichment, or social	238
activity approved by the person or facility provided that the	239
person or facility considered the factors described in division	240
(C) of this section.	241

(E) The department of job and family services shall adopt	242
rules, pursuant to Chapter 119. of the Revised Code, that	243
establish policies and procedures to administer this section.	244

Sec. 2151.353.  (A) If a child is adjudicated an abused,	245
neglected, or dependent child, the court may make any of the	246
following orders of disposition:	247

(1) Place the child in protective supervision;

248

(2) Commit the child to the temporary custody of a public	249
children services agency, a private child placing agency, either	250
parent, a relative residing within or outside the state, or a	251
probation officer for placement in a certified foster home, or in	252
any other home approved by the court;	253

(3) Award legal custody of the child to either parent or to	254
any other person who, prior to the dispositional hearing, files a	255
motion requesting legal custody of the child or is identified as a	256
proposed legal custodian in a complaint or motion filed prior to	257
the dispositional hearing by any party to the proceedings. A	258
person identified in a complaint or motion filed by a party to the	259
proceedings as a proposed legal custodian shall be awarded legal	260
custody of the child only if the person identified signs a	261
statement of understanding for legal custody that contains at	262
least the following provisions:	263

(a) That it is the intent of the person to become the legal	264
custodian of the child and the person is able to assume legal	265
responsibility for the care and supervision of the child;	266

(b) That the person understands that legal custody of the	267
child in question is intended to be permanent in nature and that	268
the person will be responsible as the custodian for the child	269
until the child reaches the age of majority. Responsibility as	270
custodian for the child shall continue beyond the age of majority	271
if, at the time the child reaches the age of majority, the child	272
is pursuing a diploma granted by the board of education or other	273
governing authority, successful completion of the curriculum of	274
any high school, successful completion of an individualized	275
education program developed for the student by any high school, or	276
an age and schooling certificate. Responsibility beyond the age of	277
majority shall terminate when the child ceases to continuously	278
pursue such an education, completes such an education, or is	279
excused from such an education under standards adopted by the	280
state board of education, whichever occurs first.	281

(c) That the parents of the child have residual parental	282
rights, privileges, and responsibilities, including, but not	283
limited to, the privilege of reasonable visitation, consent to	284
adoption, the privilege to determine the child's religious	285
affiliation, and the responsibility for support;	286

(d) That the person understands that the person must be	287
present in court for the dispositional hearing in order to affirm	288
the person's intention to become legal custodian, to affirm that	289
the person understands the effect of the custodianship before the	290
court, and to answer any questions that the court or any parties	291
to the case may have.	292

(4) Commit the child to the permanent custody of a public	293
children services agency or private child placing agency, if the	294
court determines in accordance with division (E) of section	295
2151.414 of the Revised Code that the child cannot be placed with	296
one of the child's parents within a reasonable time or should not	297
be placed with either parent and determines in accordance with	298
division (D)(1) of section 2151.414 of the Revised Code that the	299
permanent commitment is in the best interest of the child. If the	300
court grants permanent custody under this division, the court,	301
upon the request of any party, shall file a written opinion	302
setting forth its findings of fact and conclusions of law in	303
relation to the proceeding.	304

(5) Place the child in a planned permanent living arrangement	305
with a public children services agency or private child placing	306
agency, if a public children services agency or private child	307
placing agency requests the court to place the child in a planned	308
permanent living arrangement and if the court finds, by clear and	309
convincing evidence, that a planned permanent living arrangement	310
is in the best interest of the child and that one of the following	311
exists:	312

(a) The child, because of physical, mental, or psychological	313
problems or needs, is unable to function in a family-like setting	314
and must remain in residential or institutional care now and for	315
the foreseeable future beyond the date of the dispositional	316
hearing held pursuant to section 2151.35 of the Revised Code.	317

(b) The child is sixteen years of age or older, the parents	318
of the child have significant physical, mental, or psychological	319
problems and are unable to care for the child because of those	320
problems, adoption is not in the best interest of the child, as	321
determined in accordance with division (D)(1) of section 2151.414	322
of the Revised Code, and the child retains a significant and	323
positive relationship with a parent or relative.	324

(c) The child is sixteen years of age or older, has been	325
counseled on the permanent placement options available to the	326
child, and is unwilling to accept or unable to adapt to a	327
permanent placement, and is in an agency program preparing the	328
child for independent living.	329

(6) Order the removal from the child's home until further	330
order of the court of the person who committed abuse as described	331
in section 2151.031 of the Revised Code against the child, who	332
caused or allowed the child to suffer neglect as described in	333
section 2151.03 of the Revised Code, or who is the parent,	334
guardian, or custodian of a child who is adjudicated a dependent	335
child and order any person not to have contact with the child or	336
the child's siblings.	337

(B)(1) When making a determination on whether to place a	338
child in a planned permanent living arrangement pursuant to	339
division (A)(5)(b) or (c) of this section, the court shall	340
consider all relevant information that has been presented to the	341
court, including information gathered from the child, the child's	342
guardian ad litem, and the public children services agency or	343
private child placing agency.	344

(2) A child who is placed in a planned permanent living	345
arrangement pursuant to division (A)(5)(b) or (c) of this section	346
shall be placed in an independent living setting or in a family	347
setting in which the caregiver has been provided by the agency	348
that has custody of the child with a notice that addresses the	349
following:	350

(a) The caregiver understands that the planned permanent	351
living arrangement is intended to be permanent in nature and that	352
the caregiver will provide a stable placement for the child	353
through the child's emancipation or until the court releases the	354
child from the custody of the agency, whichever occurs first.	355

(b) The caregiver is expected to actively participate in the	356
youth's independent living case plan, attend agency team meetings	357
and court hearings as appropriate, complete training, as provided	358
in division (B) of section 5103.035 of the Revised Code, related	359
to providing the child independent living services, and assist in	360
the child's transition into adulthood.	361

(3) The department of job and family services shall develop a	362
model notice to be provided by an agency that has custody of a	363
child to a caregiver under division (B)(2) of this section. The	364
agency may modify the model notice to apply to the needs of the	365
agency.	366

(C) No order for permanent custody or temporary custody of a	367
child or the placement of a child in a planned permanent living	368
arrangement shall be made pursuant to this section unless the	369
complaint alleging the abuse, neglect, or dependency contains a	370
prayer requesting permanent custody, temporary custody, or the	371
placement of the child in a planned permanent living arrangement	372
as desired, the summons served on the parents of the child	373
contains as is appropriate a full explanation that the granting of	374
an order for permanent custody permanently divests them of their	375
parental rights, a full explanation that an adjudication that the	376
child is an abused, neglected, or dependent child may result in an	377
order of temporary custody that will cause the removal of the	378
child from their legal custody until the court terminates the	379
order of temporary custody or permanently divests the parents of	380
their parental rights, or a full explanation that the granting of	381
an order for a planned permanent living arrangement will result in	382
the removal of the child from their legal custody if any of the	383
conditions listed in divisions (A)(5)(a) to (c) of this section	384
are found to exist, and the summons served on the parents contains	385
a full explanation of their right to be represented by counsel and	386
to have counsel appointed pursuant to Chapter 120. of the Revised	387
Code if they are indigent.	388

If after making disposition as authorized by division (A)(2)	389
of this section, a motion is filed that requests permanent custody	390
of the child, the court may grant permanent custody of the child	391
to the movant in accordance with section 2151.414 of the Revised	392
Code.	393

(C)(D) If the court issues an order for protective	394
supervision pursuant to division (A)(1) of this section, the court	395
may place any reasonable restrictions upon the child, the child's	396
parents, guardian, or custodian, or any other person, including,	397
but not limited to, any of the following:	398

(1) Order a party, within forty-eight hours after the	399
issuance of the order, to vacate the child's home indefinitely or	400
for a specified period of time;	401

(2) Order a party, a parent of the child, or a physical	402
custodian of the child to prevent any particular person from	403
having contact with the child;	404

(3) Issue an order restraining or otherwise controlling the	405
conduct of any person which conduct would not be in the best	406
interest of the child.	407

(D)(E) As part of its dispositional order, the court shall	408
journalize a case plan for the child. The journalized case plan	409
shall not be changed except as provided in section 2151.412 of the	410
Revised Code.	411

(E)(F)(1) The court shall retain jurisdiction over any child	412
for whom the court issues an order of disposition pursuant to	413
division (A) of this section or pursuant to section 2151.414 or	414
2151.415 of the Revised Code until the child attains the age of	415
eighteen years if the child is not mentally retarded,	416
developmentally disabled, or physically impaired, the child	417
attains the age of twenty-one years if the child is mentally	418
retarded, developmentally disabled, or physically impaired, or the	419
child is adopted and a final decree of adoption is issued, except	420
that the court may retain jurisdiction over the child and continue	421
any order of disposition under division (A) of this section or	422
under section 2151.414 or 2151.415 of the Revised Code for a	423
specified period of time to enable the child to graduate from high	424
school or vocational school. The court shall make an entry	425
continuing its jurisdiction under this division in the journal.	426

(2) Any public children services agency, any private child	427
placing agency, the department of job and family services, or any	428
party, other than any parent whose parental rights with respect to	429
the child have been terminated pursuant to an order issued under	430
division (A)(4) of this section, by filing a motion with the	431
court, may at any time request the court to modify or terminate	432
any order of disposition issued pursuant to division (A) of this	433
section or section 2151.414 or 2151.415 of the Revised Code. The	434
court shall hold a hearing upon the motion as if the hearing were	435
the original dispositional hearing and shall give all parties to	436
the action and the guardian ad litem notice of the hearing	437
pursuant to the Juvenile Rules. If applicable, the court shall	438
comply with section 2151.42 of the Revised Code.	439

(F)(G) Any temporary custody order issued pursuant to	440
division (A) of this section shall terminate one year after the	441
earlier of the date on which the complaint in the case was filed	442
or the child was first placed into shelter care, except that, upon	443
the filing of a motion pursuant to section 2151.415 of the Revised	444
Code, the temporary custody order shall continue and not terminate	445
until the court issues a dispositional order under that section.	446
In resolving the motion, the court shall not order an existing	447
temporary custody order to continue beyond two years after the	448
date on which the complaint was filed or the child was first	449
placed into shelter care, whichever date is earlier, regardless of	450
whether any extensions have been previously ordered pursuant to	451
division (D) of section 2151.415 of the Revised Code.	452

(G)(H)(1) No later than one year after the earlier of the	453
date the complaint in the case was filed or the child was first	454
placed in shelter care, a party may ask the court to extend an	455
order for protective supervision for six months or to terminate	456
the order. A party requesting extension or termination of the	457
order shall file a written request for the extension or	458
termination with the court and give notice of the proposed	459
extension or termination in writing before the end of the day	460
after the day of filing it to all parties and the child's guardian	461
ad litem. If a public children services agency or private child	462
placing agency requests termination of the order, the agency shall	463
file a written status report setting out the facts supporting	464
termination of the order at the time it files the request with the	465
court. If no party requests extension or termination of the order,	466
the court shall notify the parties that the court will extend the	467
order for six months or terminate it and that it may do so without	468
a hearing unless one of the parties requests a hearing. All	469
parties and the guardian ad litem shall have seven days from the	470
date a notice is sent pursuant to this division to object to and	471
request a hearing on the proposed extension or termination.	472

(a) If it receives a timely request for a hearing, the court	473
shall schedule a hearing to be held no later than thirty days	474
after the request is received by the court. The court shall give	475
notice of the date, time, and location of the hearing to all	476
parties and the guardian ad litem. At the hearing, the court shall	477
determine whether extension or termination of the order is in the	478
child's best interest. If termination is in the child's best	479
interest, the court shall terminate the order. If extension is in	480
the child's best interest, the court shall extend the order for	481
six months.	482

(b) If it does not receive a timely request for a hearing,	483
the court may extend the order for six months or terminate it	484
without a hearing and shall journalize the order of extension or	485
termination not later than fourteen days after receiving the	486
request for extension or termination or after the date the court	487
notifies the parties that it will extend or terminate the order.	488
If the court does not extend or terminate the order, it shall	489
schedule a hearing to be held no later than thirty days after the	490
expiration of the applicable fourteen-day time period and give	491
notice of the date, time, and location of the hearing to all	492
parties and the child's guardian ad litem. At the hearing, the	493
court shall determine whether extension or termination of the	494
order is in the child's best interest. If termination is in the	495
child's best interest, the court shall terminate the order. If	496
extension is in the child's best interest, the court shall issue	497
an order extending the order for protective supervision six	498
months.	499

(2) If the court grants an extension of the order for	500
protective supervision pursuant to division (G)(H)(1) of this	501
section, a party may, prior to termination of the extension, file	502
with the court a request for an additional extension of six months	503
or for termination of the order. The court and the parties shall	504
comply with division (G)(H)(1) of this section with respect to	505
extending or terminating the order.	506

(3) If a court grants an extension pursuant to division	507
(G)(H)(2) of this section, the court shall terminate the order for	508
protective supervision at the end of the extension.	509

(H)(I) The court shall not issue a dispositional order	510
pursuant to division (A) of this section that removes a child from	511
the child's home unless the court complies with section 2151.419	512
of the Revised Code and includes in the dispositional order the	513
findings of fact required by that section.	514

(I)(J) If a motion or application for an order described in	515
division (A)(6) of this section is made, the court shall not issue	516
the order unless, prior to the issuance of the order, it provides	517
to the person all of the following:	518

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

519

(2) The grounds for the motion or application;

520

(3) An opportunity to present evidence and witnesses at a	521
hearing regarding the motion or application;	522

(4) An opportunity to be represented by counsel at the	523
hearing.	524

(J)(K) The jurisdiction of the court shall terminate one year	525
after the date of the award or, if the court takes any further	526
action in the matter subsequent to the award, the date of the	527
latest further action subsequent to the award, if the court awards	528
legal custody of a child to either of the following:	529

(1) A legal custodian who, at the time of the award of legal	530
custody, resides in a county of this state other than the county	531
in which the court is located;	532

(2) A legal custodian who resides in the county in which the	533
court is located at the time of the award of legal custody, but	534
moves to a different county of this state prior to one year after	535
the date of the award or, if the court takes any further action in	536
the matter subsequent to the award, one year after the date of the	537
latest further action subsequent to the award.	538

The court in the county in which the legal custodian resides	539
then shall have jurisdiction in the matter.	540

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	541
to section 2151.413 of the Revised Code for permanent custody of a	542
child, the court shall schedule a hearing and give notice of the	543
filing of the motion and of the hearing, in accordance with	544
section 2151.29 of the Revised Code, to all parties to the action	545
and to the child's guardian ad litem. The notice also shall	546
contain a full explanation that the granting of permanent custody	547
permanently divests the parents of their parental rights, a full	548
explanation of their right to be represented by counsel and to	549
have counsel appointed pursuant to Chapter 120. of the Revised	550
Code if they are indigent, and the name and telephone number of	551
the court employee designated by the court pursuant to section	552
2151.314 of the Revised Code to arrange for the prompt appointment	553
of counsel for indigent persons.	554

The court shall conduct a hearing in accordance with section	555
2151.35 of the Revised Code to determine if it is in the best	556
interest of the child to permanently terminate parental rights and	557
grant permanent custody to the agency that filed the motion. The	558
adjudication that the child is an abused, neglected, or dependent	559
child and any dispositional order that has been issued in the case	560
under section 2151.353 of the Revised Code pursuant to the	561
adjudication shall not be readjudicated at the hearing and shall	562
not be affected by a denial of the motion for permanent custody.	563

(2) The court shall hold the hearing scheduled pursuant to	564
division (A)(1) of this section not later than one hundred twenty	565
days after the agency files the motion for permanent custody,	566
except that, for good cause shown, the court may continue the	567
hearing for a reasonable period of time beyond the	568
one-hundred-twenty-day deadline. The court shall issue an order	569
that grants, denies, or otherwise disposes of the motion for	570
permanent custody, and journalize the order, not later than two	571
hundred days after the agency files the motion.	572

If a motion is made under division (D)(2) of section 2151.413	573
of the Revised Code and no dispositional hearing has been held in	574
the case, the court may hear the motion in the dispositional	575
hearing required by division (B) of section 2151.35 of the Revised	576
Code. If the court issues an order pursuant to section 2151.353 of	577
the Revised Code granting permanent custody of the child to the	578
agency, the court shall immediately dismiss the motion made under	579
division (D)(2) of section 2151.413 of the Revised Code.	580

The failure of the court to comply with the time periods set	581
forth in division (A)(2) of this section does not affect the	582
authority of the court to issue any order under this chapter and	583
does not provide any basis for attacking the jurisdiction of the	584
court or the validity of any order of the court.	585

(B)(1) Except as provided in division (B)(2) of this section,	586
the court may grant permanent custody of a child to a movant if	587
the court determines at the hearing held pursuant to division (A)	588
of this section, by clear and convincing evidence, that it is in	589
the best interest of the child to grant permanent custody of the	590
child to the agency that filed the motion for permanent custody	591
and that any of the following apply:	592

(a) The child is not abandoned or orphaned, has not been in	593
the temporary custody of one or more public children services	594
agencies or private child placing agencies for twelve or more	595
months of a consecutive twenty-two-month period, or has not been	596
in the temporary custody of one or more public children services	597
agencies or private child placing agencies for twelve or more	598
months of a consecutive twenty-two-month period if, as described	599
in division (D)(1) of section 2151.413 of the Revised Code, the	600
child was previously in the temporary custody of an equivalent	601
agency in another state, and the child cannot be placed with	602
either of the child's parents within a reasonable time or should	603
not be placed with the child's parents.	604

(b) The child is abandoned.

605

(c) The child is orphaned, and there are no relatives of the	606
child who are able to take permanent custody.	607

(d) The child has been in the temporary custody of one or	608
more public children services agencies or private child placing	609
agencies for twelve or more months of a consecutive	610
twenty-two-month period, or the child has been in the temporary	611
custody of one or more public children services agencies or	612
private child placing agencies for twelve or more months of a	613
consecutive twenty-two-month period and, as described in division	614
(D)(1) of section 2151.413 of the Revised Code, the child was	615
previously in the temporary custody of an equivalent agency in	616
another state.	617

(e) The child or another child in the custody of the parent	618
or parents from whose custody the child has been removed has been	619
adjudicated an abused, neglected, or dependent child on three	620
separate occasions by any court in this state or another state.	621

For the purposes of division (B)(1) of this section, a child	622
shall be considered to have entered the temporary custody of an	623
agency on the earlier of the date the child is adjudicated	624
pursuant to section 2151.28 of the Revised Code or the date that	625
is sixty days after the removal of the child from home.	626

(2) With respect to a motion made pursuant to division (D)(2)	627
of section 2151.413 of the Revised Code, the court shall grant	628
permanent custody of the child to the movant if the court	629
determines in accordance with division (E) of this section that	630
the child cannot be placed with one of the child's parents within	631
a reasonable time or should not be placed with either parent and	632
determines in accordance with division (D) of this section that	633
permanent custody is in the child's best interest.	634

(C) In making the determinations required by this section or	635
division (A)(4) of section 2151.353 of the Revised Code, a court	636
shall not consider the effect the granting of permanent custody to	637
the agency would have upon any parent of the child. A written	638
report of the guardian ad litem of the child shall be submitted to	639
the court prior to or at the time of the hearing held pursuant to	640
division (A) of this section or section 2151.35 of the Revised	641
Code but shall not be submitted under oath.	642

If the court grants permanent custody of a child to a movant	643
under this division, the court, upon the request of any party,	644
shall file a written opinion setting forth its findings of fact	645
and conclusions of law in relation to the proceeding. The court	646
shall not deny an agency's motion for permanent custody solely	647
because the agency failed to implement any particular aspect of	648
the child's case plan.	649

(D)(1) In determining the best interest of a child at a	650
hearing held pursuant to division (A) of this section or for the	651
purposes of division (A)(4) or (5) of section 2151.353 or division	652
(C) of section 2151.415 of the Revised Code, the court shall	653
consider all relevant factors, including, but not limited to, the	654
following:	655

(a) The interaction and interrelationship of the child with	656
the child's parents, siblings, relatives, foster caregivers and	657
out-of-home providers, and any other person who may significantly	658
affect the child;	659

(b) The wishes of the child, as expressed directly by the	660
child or through the child's guardian ad litem, with due regard	661
for the maturity of the child;	662

(c) The custodial history of the child, including whether the	663
child has been in the temporary custody of one or more public	664
children services agencies or private child placing agencies for	665
twelve or more months of a consecutive twenty-two-month period, or	666
the child has been in the temporary custody of one or more public	667
children services agencies or private child placing agencies for	668
twelve or more months of a consecutive twenty-two-month period	669
and, as described in division (D)(1) of section 2151.413 of the	670
Revised Code, the child was previously in the temporary custody of	671
an equivalent agency in another state;	672

(d) The child's need for a legally secure permanent placement	673
and whether that type of placement can be achieved without a grant	674
of permanent custody to the agency;	675

(e) Whether any of the factors in divisions (E)(7) to (11) of	676
this section apply in relation to the parents and child.	677

For the purposes of division (D)(1) of this section, a child	678
shall be considered to have entered the temporary custody of an	679
agency on the earlier of the date the child is adjudicated	680
pursuant to section 2151.28 of the Revised Code or the date that	681
is sixty days after the removal of the child from home.	682

(2) If all of the following apply, permanent custody is in	683
the best interest of the child and the court shall commit the	684
child to the permanent custody of a public children services	685
agency or private child placing agency:	686

(a) The court determines by clear and convincing evidence	687
that one or more of the factors in division (E) of this section	688
exist and the child cannot be placed with one of the child's	689
parents within a reasonable time or should not be placed with	690
either parent.	691

(b) The child has been in an agency's custody for two years	692
or longer, and no longer qualifies for temporary custody pursuant	693
to division (D) of section 2151.415 of the Revised Code.	694

(c) The child does not meet the requirements for a planned	695
permanent living arrangement pursuant to division (A)(5) of	696
section 2151.353 of the Revised Code.	697

(d) Prior to the dispositional hearing, no relative or other	698
interested person has filed, or has been identified in, a motion	699
for legal custody of the child.	700

(E) In determining at a hearing held pursuant to division (A)	701
of this section or for the purposes of division (A)(4) of section	702
2151.353 of the Revised Code whether a child cannot be placed with	703
either parent within a reasonable period of time or should not be	704
placed with the parents, the court shall consider all relevant	705
evidence. If the court determines, by clear and convincing	706
evidence, at a hearing held pursuant to division (A) of this	707
section or for the purposes of division (A)(4) of section 2151.353	708
of the Revised Code that one or more of the following exist as to	709
each of the child's parents, the court shall enter a finding that	710
the child cannot be placed with either parent within a reasonable	711
time or should not be placed with either parent:	712

(1) Following the placement of the child outside the child's	713
home and notwithstanding reasonable case planning and diligent	714
efforts by the agency to assist the parents to remedy the problems	715
that initially caused the child to be placed outside the home, the	716
parent has failed continuously and repeatedly to substantially	717
remedy the conditions causing the child to be placed outside the	718
child's home. In determining whether the parents have	719
substantially remedied those conditions, the court shall consider	720
parental utilization of medical, psychiatric, psychological, and	721
other social and rehabilitative services and material resources	722
that were made available to the parents for the purpose of	723
changing parental conduct to allow them to resume and maintain	724
parental duties.	725

(2) Chronic mental illness, chronic emotional illness, mental	726
retardation, physical disability, or chemical dependency of the	727
parent that is so severe that it makes the parent unable to	728
provide an adequate permanent home for the child at the present	729
time and, as anticipated, within one year after the court holds	730
the hearing pursuant to division (A) of this section or for the	731
purposes of division (A)(4) of section 2151.353 of the Revised	732
Code;	733

(3) The parent committed any abuse as described in section	734
2151.031 of the Revised Code against the child, caused the child	735
to suffer any neglect as described in section 2151.03 of the	736
Revised Code, or allowed the child to suffer any neglect as	737
described in section 2151.03 of the Revised Code between the date	738
that the original complaint alleging abuse or neglect was filed	739
and the date of the filing of the motion for permanent custody;	740

(4) The parent has demonstrated a lack of commitment toward	741
the child by failing to regularly support, visit, or communicate	742
with the child when able to do so, or by other actions showing an	743
unwillingness to provide an adequate permanent home for the child;	744

(5) The parent is incarcerated for an offense committed	745
against the child or a sibling of the child;	746

(6) The parent has been convicted of or pleaded guilty to an	747
offense under division (A) or (C) of section 2919.22 or under	748
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	749
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	750
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	751
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	752
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	753
Revised Code and the child or a sibling of the child was a victim	754
of the offense or the parent has been convicted of or pleaded	755
guilty to an offense under section 2903.04 of the Revised Code, a	756
sibling of the child was the victim of the offense, and the parent	757
who committed the offense poses an ongoing danger to the child or	758
a sibling of the child.	759

(7) The parent has been convicted of or pleaded guilty to one	760
of the following:	761

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	762
the Revised Code or under an existing or former law of this state,	763
any other state, or the United States that is substantially	764
equivalent to an offense described in those sections and the	765
victim of the offense was a sibling of the child or the victim was	766
another child who lived in the parent's household at the time of	767
the offense;	768

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	769
the Revised Code or under an existing or former law of this state,	770
any other state, or the United States that is substantially	771
equivalent to an offense described in those sections and the	772
victim of the offense is the child, a sibling of the child, or	773
another child who lived in the parent's household at the time of	774
the offense;	775

(c) An offense under division (B)(2) of section 2919.22 of	776
the Revised Code or under an existing or former law of this state,	777
any other state, or the United States that is substantially	778
equivalent to the offense described in that section and the child,	779
a sibling of the child, or another child who lived in the parent's	780
household at the time of the offense is the victim of the offense;	781

(d) An offense under section 2907.02, 2907.03, 2907.04,	782
2907.05, or 2907.06 of the Revised Code or under an existing or	783
former law of this state, any other state, or the United States	784
that is substantially equivalent to an offense described in those	785
sections and the victim of the offense is the child, a sibling of	786
the child, or another child who lived in the parent's household at	787
the time of the offense;	788

(e) A conspiracy or attempt to commit, or complicity in	789
committing, an offense described in division (E)(7)(a) or (d) of	790
this section.	791

(8) The parent has repeatedly withheld medical treatment or	792
food from the child when the parent has the means to provide the	793
treatment or food, and, in the case of withheld medical treatment,	794
the parent withheld it for a purpose other than to treat the	795
physical or mental illness or defect of the child by spiritual	796
means through prayer alone in accordance with the tenets of a	797
recognized religious body.	798

(9) The parent has placed the child at substantial risk of	799
harm two or more times due to alcohol or drug abuse and has	800
rejected treatment two or more times or refused to participate in	801
further treatment two or more times after a case plan issued	802
pursuant to section 2151.412 of the Revised Code requiring	803
treatment of the parent was journalized as part of a dispositional	804
order issued with respect to the child or an order was issued by	805
any other court requiring treatment of the parent.	806

(10) The parent has abandoned the child.

807

(11) The parent has had parental rights involuntarily	808
terminated with respect to a sibling of the child pursuant to this	809
section or section 2151.353 or 2151.415 of the Revised Code, or	810
under an existing or former law of this state, any other state, or	811
the United States that is substantially equivalent to those	812
sections, and the parent has failed to provide clear and	813
convincing evidence to prove that, notwithstanding the prior	814
termination, the parent can provide a legally secure permanent	815
placement and adequate care for the health, welfare, and safety of	816
the child.	817

(12) The parent is incarcerated at the time of the filing of	818
the motion for permanent custody or the dispositional hearing of	819
the child and will not be available to care for the child for at	820
least eighteen months after the filing of the motion for permanent	821
custody or the dispositional hearing.	822

(13) The parent is repeatedly incarcerated, and the repeated	823
incarceration prevents the parent from providing care for the	824
child.	825

(14) The parent for any reason is unwilling to provide food,	826
clothing, shelter, and other basic necessities for the child or to	827
prevent the child from suffering physical, emotional, or sexual	828
abuse or physical, emotional, or mental neglect.	829

(15) The parent has committed abuse as described in section	830
2151.031 of the Revised Code against the child or caused or	831
allowed the child to suffer neglect as described in section	832
2151.03 of the Revised Code, and the court determines that the	833
seriousness, nature, or likelihood of recurrence of the abuse or	834
neglect makes the child's placement with the child's parent a	835
threat to the child's safety.	836

(16) Any other factor the court considers relevant.

837

(F) The parents of a child for whom the court has issued an	838
order granting permanent custody pursuant to this section, upon	839
the issuance of the order, cease to be parties to the action. This	840
division is not intended to eliminate or restrict any right of the	841
parents to appeal the granting of permanent custody of their child	842
to a movant pursuant to this section.	843

Sec. 2151.415.  (A) Except for cases in which a motion for	844
permanent custody described in division (D)(1) of section 2151.413	845
of the Revised Code is required to be made, a public children	846
services agency or private child placing agency that has been	847
given temporary custody of a child pursuant to section 2151.353 of	848
the Revised Code, not later than thirty days prior to the earlier	849
of the date for the termination of the custody order pursuant to	850
division (G)(H) of section 2151.353 of the Revised Code or the	851
date set at the dispositional hearing for the hearing to be held	852
pursuant to this section, shall file a motion with the court that	853
issued the order of disposition requesting that any of the	854
following orders of disposition of the child be issued by the	855
court:	856

(1) An order that the child be returned home and the custody	857
of the child's parents, guardian, or custodian without any	858
restrictions;	859

(2) An order for protective supervision;

860

(3) An order that the child be placed in the legal custody of	861
a relative or other interested individual;	862

(4) An order permanently terminating the parental rights of	863
the child's parents;	864

(5) An order that the child be placed in a planned permanent	865
living arrangement;	866

(6) In accordance with division (D) of this section, an order	867
for the extension of temporary custody.	868

(B) Upon the filing of a motion pursuant to division (A) of	869
this section, the court shall hold a dispositional hearing on the	870
date set at the dispositional hearing held pursuant to section	871
2151.35 of the Revised Code, with notice to all parties to the	872
action in accordance with the Juvenile Rules. After the	873
dispositional hearing or at a date after the dispositional hearing	874
that is not later than one year after the earlier of the date on	875
which the complaint in the case was filed or the child was first	876
placed into shelter care, the court, in accordance with the best	877
interest of the child as supported by the evidence presented at	878
the dispositional hearing, shall issue an order of disposition as	879
set forth in division (A) of this section, except that all orders	880
for permanent custody shall be made in accordance with sections	881
2151.413 and 2151.414 of the Revised Code. In issuing an order of	882
disposition under this section, the court shall comply with	883
section 2151.42 of the Revised Code.	884

(C)(1) If an agency pursuant to division (A) of this section	885
requests the court to place a child into a planned permanent	886
living arrangement, the agency shall present evidence to indicate	887
why a planned permanent living arrangement is appropriate for the	888
child, including, but not limited to, evidence that the agency has	889
tried or considered all other possible dispositions for the child.	890
A court shall not place a child in a planned permanent living	891
arrangement, unless it finds, by clear and convincing evidence,	892
that a planned permanent living arrangement is in the best	893
interest of the child and that one of the following exists:	894

(a) The child, because of physical, mental, or psychological	895
problems or needs, is unable to function in a family-like setting	896
and must remain in residential or institutional care.	897

(b) The parents of the child have significant physical,	898
mental, or psychological problems and are unable to care for the	899
child because of those problems, adoption is not in the best	900
interest of the child, as determined in accordance with division	901
(D)(1) of section 2151.414 of the Revised Code, and the child	902
retains a significant and positive relationship with a parent or	903
relative;	904

(c) The child is sixteen years of age or older, has been	905
counseled on the permanent placement options available, is	906
unwilling to accept or unable to adapt to a permanent placement,	907
and is in an agency program preparing for independent living.	908

(2) If the court issues an order placing a child in a planned	909
permanent living arrangement, both of the following apply:	910

(a) The court shall issue a finding of fact setting forth the	911
reasons for its finding;	912

(b) The agency may make any appropriate placement for the	913
child and shall develop a case plan for the child that is designed	914
to assist the child in finding a permanent home outside of the	915
home of the parents.	916

(D)(1) If an agency pursuant to division (A) of this section	917
requests the court to grant an extension of temporary custody for	918
a period of up to six months, the agency shall include in the	919
motion an explanation of the progress on the case plan of the	920
child and of its expectations of reunifying the child with the	921
child's family, or placing the child in a permanent placement,	922
within the extension period. The court shall schedule a hearing on	923
the motion, give notice of its date, time, and location to all	924
parties and the guardian ad litem of the child, and at the hearing	925
consider the evidence presented by the parties and the guardian ad	926
litem. The court may extend the temporary custody order of the	927
child for a period of up to six months, if it determines at the	928
hearing, by clear and convincing evidence, that the extension is	929
in the best interest of the child, there has been significant	930
progress on the case plan of the child, and there is reasonable	931
cause to believe that the child will be reunified with one of the	932
parents or otherwise permanently placed within the period of	933
extension. In determining whether to extend the temporary custody	934
of the child pursuant to this division, the court shall comply	935
with section 2151.42 of the Revised Code. If the court extends the	936
temporary custody of the child pursuant to this division, upon	937
request it shall issue findings of fact.	938

(2) Prior to the end of the extension granted pursuant to	939
division (D)(1) of this section, the agency that received the	940
extension shall file a motion with the court requesting the	941
issuance of one of the orders of disposition set forth in	942
divisions (A)(1) to (5) of this section or requesting the court to	943
extend the temporary custody order of the child for an additional	944
period of up to six months. If the agency requests the issuance of	945
an order of disposition under divisions (A)(1) to (5) of this	946
section or does not file any motion prior to the expiration of the	947
extension period, the court shall conduct a hearing in accordance	948
with division (B) of this section and issue an appropriate order	949
of disposition. In issuing an order of disposition, the court	950
shall comply with section 2151.42 of the Revised Code.	951

If the agency requests an additional extension of up to six	952
months of the temporary custody order of the child, the court	953
shall schedule and conduct a hearing in the manner set forth in	954
division (D)(1) of this section. The court may extend the	955
temporary custody order of the child for an additional period of	956
up to six months if it determines at the hearing, by clear and	957
convincing evidence, that the additional extension is in the best	958
interest of the child, there has been substantial additional	959
progress since the original extension of temporary custody in the	960
case plan of the child, there has been substantial additional	961
progress since the original extension of temporary custody toward	962
reunifying the child with one of the parents or otherwise	963
permanently placing the child, and there is reasonable cause to	964
believe that the child will be reunified with one of the parents	965
or otherwise placed in a permanent setting before the expiration	966
of the additional extension period. In determining whether to	967
grant an additional extension, the court shall comply with section	968
2151.42 of the Revised Code. If the court extends the temporary	969
custody of the child for an additional period pursuant to this	970
division, upon request it shall issue findings of fact.	971

(3) Prior to the end of the extension of a temporary custody	972
order granted pursuant to division (D)(2) of this section, the	973
agency that received the extension shall file a motion with the	974
court requesting the issuance of one of the orders of disposition	975
set forth in divisions (A)(1) to (5) of this section. Upon the	976
filing of the motion by the agency or, if the agency does not file	977
the motion prior to the expiration of the extension period, upon	978
its own motion, the court, prior to the expiration of the	979
extension period, shall conduct a hearing in accordance with	980
division (B) of this section and issue an appropriate order of	981
disposition. In issuing an order of disposition, the court shall	982
comply with section 2151.42 of the Revised Code.	983

(4) No court shall grant an agency more than two extensions	984
of temporary custody pursuant to division (D) of this section and	985
the court shall not order an existing temporary custody order to	986
continue beyond two years after the date on which the complaint	987
was filed or the child was first placed into shelter care,	988
whichever date is earlier, regardless of whether any extensions	989
have been previously ordered pursuant to division (D) of this	990
section.	991

(E) After the issuance of an order pursuant to division (B)	992
of this section, the court shall retain jurisdiction over the	993
child until the child attains the age of eighteen if the child is	994
not mentally retarded, developmentally disabled, or physically	995
impaired, the child attains the age of twenty-one if the child is	996
mentally retarded, developmentally disabled, or physically	997
impaired, or the child is adopted and a final decree of adoption	998
is issued, unless the court's jurisdiction over the child is	999
extended pursuant to division (E)(F) of section 2151.353 of the	1000
Revised Code.	1001

(F) The court, on its own motion or the motion of the agency	1002
or person with legal custody of the child, the child's guardian ad	1003
litem, or any other party to the action, may conduct a hearing	1004
with notice to all parties to determine whether any order issued	1005
pursuant to this section should be modified or terminated or	1006
whether any other dispositional order set forth in divisions	1007
(A)(1) to (5) of this section should be issued. After the hearing	1008
and consideration of all the evidence presented, the court, in	1009
accordance with the best interest of the child, may modify or	1010
terminate any order issued pursuant to this section or issue any	1011
dispositional order set forth in divisions (A)(1) to (5) of this	1012
section. In rendering a decision under this division, the court	1013
shall comply with section 2151.42 of the Revised Code.	1014

(G) If the court places a child in a planned permanent living	1015
arrangement with a public children services agency or a private	1016
child placing agency pursuant to this section, the agency with	1017
which the child is placed in a planned permanent living	1018
arrangement shall not remove the child from the residential	1019
placement in which the child is originally placed pursuant to the	1020
case plan for the child or in which the child is placed with court	1021
approval pursuant to this division, unless the court and the	1022
guardian ad litem are given notice of the intended removal and the	1023
court issues an order approving the removal or unless the removal	1024
is necessary to protect the child from physical or emotional harm	1025
and the agency gives the court notice of the removal and of the	1026
reasons why the removal is necessary to protect the child from	1027
physical or emotional harm immediately after the removal of the	1028
child from the prior setting.	1029

(H) If the hearing held under this section takes the place of	1030
an administrative review that otherwise would have been held under	1031
section 2151.416 of the Revised Code, the court at the hearing	1032
held under this section shall do all of the following in addition	1033
to any other requirements of this section:	1034

(1) Determine the continued necessity for and the	1035
appropriateness of the child's placement;	1036

(2) Determine the extent of compliance with the child's case	1037
plan;	1038

(3) Determine the extent of progress that has been made	1039
toward alleviating or mitigating the causes necessitating the	1040
child's placement in foster care;	1041

(4) Project a likely date by which the child may be returned	1042
to the child's home or placed for adoption or legal guardianship;	1043

(5) Approve the permanency plan for the child consistent with	1044
section 2151.417 of the Revised Code.	1045

Sec. 2151.417.  (A) Any court that issues a dispositional	1046
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1047
Revised Code may review at any time the child's placement or	1048
custody arrangement, the case plan prepared for the child pursuant	1049
to section 2151.412 of the Revised Code, the actions of the public	1050
children services agency or private child placing agency in	1051
implementing that case plan, the child's permanency plan if the	1052
child's permanency plan has been approved, and any other aspects	1053
of the child's placement or custody arrangement. In conducting the	1054
review, the court shall determine the appropriateness of any	1055
agency actions, the safety and appropriateness of continuing the	1056
child's placement or custody arrangement, and whether any changes	1057
should be made with respect to the child's permanency plan or	1058
placement or custody arrangement or with respect to the actions of	1059
the agency under the child's placement or custody arrangement.	1060
Based upon the evidence presented at a hearing held after notice	1061
to all parties and the guardian ad litem of the child, the court	1062
may require the agency, the parents, guardian, or custodian of the	1063
child, and the physical custodians of the child to take any	1064
reasonable action that the court determines is necessary and in	1065
the best interest of the child or to discontinue any action that	1066
it determines is not in the best interest of the child.	1067

(B) If a court issues a dispositional order pursuant to	1068
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1069
court has continuing jurisdiction over the child as set forth in	1070
division (E)(F)(1) of section 2151.353 of the Revised Code. The	1071
court may amend a dispositional order in accordance with division	1072
(E)(F)(2) of section 2151.353 of the Revised Code at any time upon	1073
its own motion or upon the motion of any interested party. The	1074
court shall comply with section 2151.42 of the Revised Code in	1075
amending any dispositional order pursuant to this division.	1076

(C) Any court that issues a dispositional order pursuant to	1077
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1078
hold a review hearing one year after the earlier of the date on	1079
which the complaint in the case was filed or the child was first	1080
placed into shelter care to review the case plan prepared pursuant	1081
to section 2151.412 of the Revised Code and the child's placement	1082
or custody arrangement, to approve or review the permanency plan	1083
for the child, and to make changes to the case plan and placement	1084
or custody arrangement consistent with the permanency plan. The	1085
court shall schedule the review hearing at the time that it holds	1086
the dispositional hearing pursuant to section 2151.35 of the	1087
Revised Code.	1088

The court shall hold a similar review hearing no later than	1089
every twelve months after the initial review hearing until the	1090
child is adopted, returned to the parents, or the court otherwise	1091
terminates the child's placement or custody arrangement, except	1092
that the dispositional hearing held pursuant to section 2151.415	1093
of the Revised Code shall take the place of the first review	1094
hearing to be held under this section. The court shall schedule	1095
each subsequent review hearing at the conclusion of the review	1096
hearing immediately preceding the review hearing to be scheduled.	1097

(D) If, within fourteen days after a written summary of an	1098
administrative review is filed with the court pursuant to section	1099
2151.416 of the Revised Code, the court does not approve the	1100
proposed change to the case plan filed pursuant to division (E) of	1101
section 2151.416 of the Revised Code or a party or the guardian ad	1102
litem requests a review hearing pursuant to division (E) of that	1103
section, the court shall hold a review hearing in the same manner	1104
that it holds review hearings pursuant to division (C) of this	1105
section, except that if a review hearing is required by this	1106
division and if a hearing is to be held pursuant to division (C)	1107
of this section or section 2151.415 of the Revised Code, the	1108
hearing held pursuant to division (C) of this section or section	1109
2151.415 of the Revised Code shall take the place of the review	1110
hearing required by this division.	1111

(E) If a court determines pursuant to section 2151.419 of the	1112
Revised Code that a public children services agency or private	1113
child placing agency is not required to make reasonable efforts to	1114
prevent the removal of a child from the child's home, eliminate	1115
the continued removal of a child from the child's home, and return	1116
the child to the child's home, and the court does not return the	1117
child to the child's home pursuant to division (A)(3) of section	1118
2151.419 of the Revised Code, the court shall hold a review	1119
hearing to approve the permanency plan for the child and, if	1120
appropriate, to make changes to the child's case plan and the	1121
child's placement or custody arrangement consistent with the	1122
permanency plan. The court may hold the hearing immediately	1123
following the determination under section 2151.419 of the Revised	1124
Code and shall hold it no later than thirty days after making that	1125
determination.	1126

(F) The court shall give notice of the review hearings held	1127
pursuant to this section to every interested party, including, but	1128
not limited to, the appropriate agency employees who are	1129
responsible for the child's care and planning, the child's	1130
parents, any person who had guardianship or legal custody of the	1131
child prior to the custody order, the child's guardian ad litem,	1132
and the child. The court shall summon every interested party to	1133
appear at the review hearing and give them an opportunity to	1134
testify and to present other evidence with respect to the child's	1135
custody arrangement, including, but not limited to, the following:	1136
the case plan for the child,; the permanency plan, if one exists;	1137
the actions taken by the child's custodian; the need for a change	1138
in the child's custodian or caseworker; and the need for any	1139
specific action to be taken with respect to the child. The court	1140
shall require any interested party to testify or present other	1141
evidence when necessary to a proper determination of the issues	1142
presented at the review hearing. In any review hearing that	1143
pertains to a permanency plan for a child who will not be returned	1144
to the parent, the court shall consider in-state and out-of-state	1145
placement options and the court shall determine whether the	1146
in-state or the out-of-state placement continues to be appropriate	1147
and in the best interests of the child. In any review hearing that	1148
pertains to a permanency plan for a child, the court or a citizens	1149
board appointed by the court pursuant to division (H) of this	1150
section shall consult with the child, in an age-appropriate	1151
manner, regarding the proposed permanency plan for the child.	1152

(G) After the review hearing, the court shall take the	1153
following actions based upon the evidence presented:	1154

(1) If an administrative review has been conducted, determine	1155
whether the conclusions of the review are supported by a	1156
preponderance of the evidence and approve or modify the case plan	1157
based upon that evidence;	1158

(2) If the hearing was held under division (C) or (E) of this	1159
section, approve a permanency plan for the child that specifies	1160
whether and, if applicable, when the child will be safely returned	1161
home or placed for adoption, for legal custody, or in a planned	1162
permanent living arrangement. A permanency plan approved after a	1163
hearing under division (E) of this section shall not include any	1164
provision requiring the child to be returned to the child's home.	1165

(3) If the child is in temporary custody, do all of the	1166
following:	1167

(a) Determine whether the child can and should be returned	1168
home with or without an order for protective supervision;	1169

(b) If the child can and should be returned home with or	1170
without an order for protective supervision, terminate the order	1171
for temporary custody;	1172

(c) If the child cannot or should not be returned home with	1173
an order for protective supervision, determine whether the agency	1174
currently with custody of the child should retain custody or	1175
whether another public children services agency, private child	1176
placing agency, or an individual should be given custody of the	1177
child.	1178

The court shall comply with section 2151.42 of the Revised	1179
Code in taking any action under this division.	1180

(4) If the child is in permanent custody, determine what	1181
actions are required by the custodial agency and of any other	1182
organizations or persons in order to facilitate an adoption of the	1183
child and make any appropriate orders with respect to the custody	1184
arrangement or conditions of the child, including, but not limited	1185
to, a transfer of permanent custody to another public children	1186
services agency or private child placing agency;	1187

(5) Journalize the terms of the updated case plan for the	1188
child.	1189

(H) The court may appoint a referee or a citizens review	1190
board to conduct the review hearings that the court is required by	1191
this section to conduct, subject to the review and approval by the	1192
court of any determinations made by the referee or citizens review	1193
board. If the court appoints a citizens review board to conduct	1194
the review hearings, the board shall consist of one member	1195
representing the general public and four members who are trained	1196
or experienced in the care or placement of children and have	1197
training or experience in the fields of medicine, psychology,	1198
social work, education, or any related field. Of the initial	1199
appointments to the board, two shall be for a term of one year,	1200
two shall be for a term of two years, and one shall be for a term	1201
of three years, with all the terms ending one year after the date	1202
on which the appointment was made. Thereafter, all terms of the	1203
board members shall be for three years and shall end on the same	1204
day of the same month of the year as did the term that they	1205
succeed. Any member appointed to fill a vacancy occurring prior to	1206
the expiration of the term for which the member's predecessor was	1207
appointed shall hold office for the remainder of the term.	1208

(I) A copy of the court's determination following any review	1209
hearing held pursuant to this section shall be sent to the	1210
custodial agency, the guardian ad litem of the child who is the	1211
subject of the review hearing, and, if that child is not the	1212
subject of a permanent commitment hearing, the parents of the	1213
child.	1214

(J) If the hearing held under this section takes the place of	1215
an administrative review that otherwise would have been held under	1216
section 2151.416 of the Revised Code, the court at the hearing	1217
held under this section shall do all of the following in addition	1218
to any other requirements of this section:	1219

(1) Determine the continued necessity for and the safety and	1220
appropriateness of the child's placement;	1221

(2) Determine the extent of compliance with the child's case	1222
plan;	1223

(3) Determine the extent of progress that has been made	1224
toward alleviating or mitigating the causes necessitating the	1225
child's placement in foster care;	1226

(4) Project a likely date by which the child may be safely	1227
returned home or placed for adoption or legal custody.	1228

(K)(1) Whenever the court is required to approve a permanency	1229
plan under this section or section 2151.415 of the Revised Code,	1230
the public children services agency or private child placing	1231
agency that filed the complaint in the case, has custody of the	1232
child, or will be given custody of the child shall develop a	1233
permanency plan for the child. The agency must file the plan with	1234
the court prior to the hearing under this section or section	1235
2151.415 of the Revised Code.	1236

(2) The permanency plan developed by the agency must specify	1237
whether and, if applicable, when the child will be safely returned	1238
home or placed for adoption or legal custody. If the agency	1239
determines that there is a compelling reason why returning the	1240
child home or placing the child for adoption or legal custody is	1241
not in the best interest of the child, the plan shall provide that	1242
the child will be placed in a planned permanent living	1243
arrangement. A permanency plan developed as a result of a	1244
determination made under division (A)(2) of section 2151.419 of	1245
the Revised Code may not include any provision requiring the child	1246
to be returned home.	1247

Sec. 2151.421.  (A)(1)(a) No person described in division	1248
(A)(1)(b) of this section who is acting in an official or	1249
professional capacity and knows, or has reasonable cause to	1250
suspect based on facts that would cause a reasonable person in a	1251
similar position to suspect, that a child under eighteen years of	1252
age or a mentally retarded, developmentally disabled, or	1253
physically impaired child under twenty-one years of age has	1254
suffered or faces a threat of suffering any physical or mental	1255
wound, injury, disability, or condition of a nature that	1256
reasonably indicates abuse or neglect of the child shall fail to	1257
immediately report that knowledge or reasonable cause to suspect	1258
to the entity or persons specified in this division. Except as	1259
provided in section 5120.173 of the Revised Code, the person	1260
making the report shall make it to the public children services	1261
agency or a municipal or county peace officer in the county in	1262
which the child resides or in which the abuse or neglect is	1263
occurring or has occurred. In the circumstances described in	1264
section 5120.173 of the Revised Code, the person making the report	1265
shall make it to the entity specified in that section.	1266

(b) Division (A)(1)(a) of this section applies to any person	1267
who is an attorney; physician, including a hospital intern or	1268
resident; dentist; podiatrist; practitioner of a limited branch of	1269
medicine as specified in section 4731.15 of the Revised Code;	1270
registered nurse; licensed practical nurse; visiting nurse; other	1271
health care professional; licensed psychologist; licensed school	1272
psychologist; independent marriage and family therapist or	1273
marriage and family therapist; speech pathologist or audiologist;	1274
coroner; administrator or employee of a child day-care center;	1275
administrator or employee of a residential camp or child day camp;	1276
administrator or employee of a certified child care agency or	1277
other public or private children services agency; school teacher;	1278
school employee; school authority; person engaged in social work	1279
or the practice of professional counseling; agent of a county	1280
humane society; person, other than a cleric, rendering spiritual	1281
treatment through prayer in accordance with the tenets of a	1282
well-recognized religion; employee of a county department of job	1283
and family services who is a professional and who works with	1284
children and families; superintendent, board member, or employee	1285
of a county board of developmental disabilities; investigative	1286
agent contracted with by a county board of developmental	1287
disabilities; employee of the department of developmental	1288
disabilities; employee of a facility or home that provides respite	1289
care in accordance with section 5123.171 of the Revised Code;	1290
employee of a home health agency; employee of an entity that	1291
provides homemaker services; a person performing the duties of an	1292
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1293
or third party employed by a public children services agency to	1294
assist in providing child or family related services; court	1295
appointed special advocate; or guardian ad litem.	1296

(2) Except as provided in division (A)(3) of this section, an	1297
attorney or a physician is not required to make a report pursuant	1298
to division (A)(1) of this section concerning any communication	1299
the attorney or physician receives from a client or patient in an	1300
attorney-client or physician-patient relationship, if, in	1301
accordance with division (A) or (B) of section 2317.02 of the	1302
Revised Code, the attorney or physician could not testify with	1303
respect to that communication in a civil or criminal proceeding.	1304

(3) The client or patient in an attorney-client or	1305
physician-patient relationship described in division (A)(2) of	1306
this section is deemed to have waived any testimonial privilege	1307
under division (A) or (B) of section 2317.02 of the Revised Code	1308
with respect to any communication the attorney or physician	1309
receives from the client or patient in that attorney-client or	1310
physician-patient relationship, and the attorney or physician	1311
shall make a report pursuant to division (A)(1) of this section	1312
with respect to that communication, if all of the following apply:	1313

(a) The client or patient, at the time of the communication,	1314
is either a child under eighteen years of age or a mentally	1315
retarded, developmentally disabled, or physically impaired person	1316
under twenty-one years of age.	1317

(b) The attorney or physician knows, or has reasonable cause	1318
to suspect based on facts that would cause a reasonable person in	1319
similar position to suspect, as a result of the communication or	1320
any observations made during that communication, that the client	1321
or patient has suffered or faces a threat of suffering any	1322
physical or mental wound, injury, disability, or condition of a	1323
nature that reasonably indicates abuse or neglect of the client or	1324
patient.	1325

(c) The abuse or neglect does not arise out of the client's	1326
or patient's attempt to have an abortion without the notification	1327
of her parents, guardian, or custodian in accordance with section	1328
2151.85 of the Revised Code.	1329

(4)(a) No cleric and no person, other than a volunteer,	1330
designated by any church, religious society, or faith acting as a	1331
leader, official, or delegate on behalf of the church, religious	1332
society, or faith who is acting in an official or professional	1333
capacity, who knows, or has reasonable cause to believe based on	1334
facts that would cause a reasonable person in a similar position	1335
to believe, that a child under eighteen years of age or a mentally	1336
retarded, developmentally disabled, or physically impaired child	1337
under twenty-one years of age has suffered or faces a threat of	1338
suffering any physical or mental wound, injury, disability, or	1339
condition of a nature that reasonably indicates abuse or neglect	1340
of the child, and who knows, or has reasonable cause to believe	1341
based on facts that would cause a reasonable person in a similar	1342
position to believe, that another cleric or another person, other	1343
than a volunteer, designated by a church, religious society, or	1344
faith acting as a leader, official, or delegate on behalf of the	1345
church, religious society, or faith caused, or poses the threat of	1346
causing, the wound, injury, disability, or condition that	1347
reasonably indicates abuse or neglect shall fail to immediately	1348
report that knowledge or reasonable cause to believe to the entity	1349
or persons specified in this division. Except as provided in	1350
section 5120.173 of the Revised Code, the person making the report	1351
shall make it to the public children services agency or a	1352
municipal or county peace officer in the county in which the child	1353
resides or in which the abuse or neglect is occurring or has	1354
occurred. In the circumstances described in section 5120.173 of	1355
the Revised Code, the person making the report shall make it to	1356
the entity specified in that section.	1357

(b) Except as provided in division (A)(4)(c) of this section,	1358
a cleric is not required to make a report pursuant to division	1359
(A)(4)(a) of this section concerning any communication the cleric	1360
receives from a penitent in a cleric-penitent relationship, if, in	1361
accordance with division (C) of section 2317.02 of the Revised	1362
Code, the cleric could not testify with respect to that	1363
communication in a civil or criminal proceeding.	1364

(c) The penitent in a cleric-penitent relationship described	1365
in division (A)(4)(b) of this section is deemed to have waived any	1366
testimonial privilege under division (C) of section 2317.02 of the	1367
Revised Code with respect to any communication the cleric receives	1368
from the penitent in that cleric-penitent relationship, and the	1369
cleric shall make a report pursuant to division (A)(4)(a) of this	1370
section with respect to that communication, if all of the	1371
following apply:	1372

(i) The penitent, at the time of the communication, is either	1373
a child under eighteen years of age or a mentally retarded,	1374
developmentally disabled, or physically impaired person under	1375
twenty-one years of age.	1376

(ii) The cleric knows, or has reasonable cause to believe	1377
based on facts that would cause a reasonable person in a similar	1378
position to believe, as a result of the communication or any	1379
observations made during that communication, the penitent has	1380
suffered or faces a threat of suffering any physical or mental	1381
wound, injury, disability, or condition of a nature that	1382
reasonably indicates abuse or neglect of the penitent.	1383

(iii) The abuse or neglect does not arise out of the	1384
penitent's attempt to have an abortion performed upon a child	1385
under eighteen years of age or upon a mentally retarded,	1386
developmentally disabled, or physically impaired person under	1387
twenty-one years of age without the notification of her parents,	1388
guardian, or custodian in accordance with section 2151.85 of the	1389
Revised Code.	1390

(d) Divisions (A)(4)(a) and (c) of this section do not apply	1391
in a cleric-penitent relationship when the disclosure of any	1392
communication the cleric receives from the penitent is in	1393
violation of the sacred trust.	1394

(e) As used in divisions (A)(1) and (4) of this section,	1395
"cleric" and "sacred trust" have the same meanings as in section	1396
2317.02 of the Revised Code.	1397

(B) Anyone who knows, or has reasonable cause to suspect	1398
based on facts that would cause a reasonable person in similar	1399
circumstances to suspect, that a child under eighteen years of age	1400
or a mentally retarded, developmentally disabled, or physically	1401
impaired person under twenty-one years of age has suffered or	1402
faces a threat of suffering any physical or mental wound, injury,	1403
disability, or other condition of a nature that reasonably	1404
indicates abuse or neglect of the child may report or cause	1405
reports to be made of that knowledge or reasonable cause to	1406
suspect to the entity or persons specified in this division.	1407
Except as provided in section 5120.173 of the Revised Code, a	1408
person making a report or causing a report to be made under this	1409
division shall make it or cause it to be made to the public	1410
children services agency or to a municipal or county peace	1411
officer. In the circumstances described in section 5120.173 of the	1412
Revised Code, a person making a report or causing a report to be	1413
made under this division shall make it or cause it to be made to	1414
the entity specified in that section.	1415

(C) Any report made pursuant to division (A) or (B) of this	1416
section shall be made forthwith either by telephone or in person	1417
and shall be followed by a written report, if requested by the	1418
receiving agency or officer. The written report shall contain:	1419

(1) The names and addresses of the child and the child's	1420
parents or the person or persons having custody of the child, if	1421
known;	1422

(2) The child's age and the nature and extent of the child's	1423
injuries, abuse, or neglect that is known or reasonably suspected	1424
or believed, as applicable, to have occurred or of the threat of	1425
injury, abuse, or neglect that is known or reasonably suspected or	1426
believed, as applicable, to exist, including any evidence of	1427
previous injuries, abuse, or neglect;	1428

(3) Any other information that might be helpful in	1429
establishing the cause of the injury, abuse, or neglect that is	1430
known or reasonably suspected or believed, as applicable, to have	1431
occurred or of the threat of injury, abuse, or neglect that is	1432
known or reasonably suspected or believed, as applicable, to	1433
exist.	1434

Any person, who is required by division (A) of this section	1435
to report child abuse or child neglect that is known or reasonably	1436
suspected or believed to have occurred, may take or cause to be	1437
taken color photographs of areas of trauma visible on a child and,	1438
if medically indicated, cause to be performed radiological	1439
examinations of the child.	1440

(D) As used in this division, "children's advocacy center"	1441
and "sexual abuse of a child" have the same meanings as in section	1442
2151.425 of the Revised Code.	1443

(1) When a municipal or county peace officer receives a	1444
report concerning the possible abuse or neglect of a child or the	1445
possible threat of abuse or neglect of a child, upon receipt of	1446
the report, the municipal or county peace officer who receives the	1447
report shall refer the report to the appropriate public children	1448
services agency.	1449

(2) When a public children services agency receives a report	1450
pursuant to this division or division (A) or (B) of this section,	1451
upon receipt of the report, the public children services agency	1452
shall do both of the following:	1453

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

1454

(b) If the county served by the agency is also served by a	1455
children's advocacy center and the report alleges sexual abuse of	1456
a child or another type of abuse of a child that is specified in	1457
the memorandum of understanding that creates the center as being	1458
within the center's jurisdiction, comply regarding the report with	1459
the protocol and procedures for referrals and investigations, with	1460
the coordinating activities, and with the authority or	1461
responsibility for performing or providing functions, activities,	1462
and services stipulated in the interagency agreement entered into	1463
under section 2151.428 of the Revised Code relative to that	1464
center.	1465

(E) No township, municipal, or county peace officer shall	1466
remove a child about whom a report is made pursuant to this	1467
section from the child's parents, stepparents, or guardian or any	1468
other persons having custody of the child without consultation	1469
with the public children services agency, unless, in the judgment	1470
of the officer, and, if the report was made by physician, the	1471
physician, immediate removal is considered essential to protect	1472
the child from further abuse or neglect. The agency that must be	1473
consulted shall be the agency conducting the investigation of the	1474
report as determined pursuant to section 2151.422 of the Revised	1475
Code.	1476

(F)(1) Except as provided in section 2151.422 of the Revised	1477
Code or in an interagency agreement entered into under section	1478
2151.428 of the Revised Code that applies to the particular	1479
report, the public children services agency shall investigate,	1480
within twenty-four hours, each report of child abuse or child	1481
neglect that is known or reasonably suspected or believed to have	1482
occurred and of a threat of child abuse or child neglect that is	1483
known or reasonably suspected or believed to exist that is	1484
referred to it under this section to determine the circumstances	1485
surrounding the injuries, abuse, or neglect or the threat of	1486
injury, abuse, or neglect, the cause of the injuries, abuse,	1487
neglect, or threat, and the person or persons responsible. The	1488
investigation shall be made in cooperation with the law	1489
enforcement agency and in accordance with the memorandum of	1490
understanding prepared under division (J) of this section. A	1491
representative of the public children services agency shall, at	1492
the time of initial contact with the person subject to the	1493
investigation, inform the person of the specific complaints or	1494
allegations made against the person. The information shall be	1495
given in a manner that is consistent with division (H)(1) of this	1496
section and protects the rights of the person making the report	1497
under this section.	1498

A failure to make the investigation in accordance with the	1499
memorandum is not grounds for, and shall not result in, the	1500
dismissal of any charges or complaint arising from the report or	1501
the suppression of any evidence obtained as a result of the report	1502
and does not give, and shall not be construed as giving, any	1503
rights or any grounds for appeal or post-conviction relief to any	1504
person. The public children services agency shall report each case	1505
to the uniform statewide automated child welfare information	1506
system that the department of job and family services shall	1507
maintain in accordance with section 5101.13 of the Revised Code.	1508
The public children services agency shall submit a report of its	1509
investigation, in writing, to the law enforcement agency.	1510

(2) The public children services agency shall make any	1511
recommendations to the county prosecuting attorney or city	1512
director of law that it considers necessary to protect any	1513
children that are brought to its attention.	1514

(G)(1)(a) Except as provided in division (H)(3) of this	1515
section, anyone or any hospital, institution, school, health	1516
department, or agency participating in the making of reports under	1517
division (A) of this section, anyone or any hospital, institution,	1518
school, health department, or agency participating in good faith	1519
in the making of reports under division (B) of this section, and	1520
anyone participating in good faith in a judicial proceeding	1521
resulting from the reports, shall be immune from any civil or	1522
criminal liability for injury, death, or loss to person or	1523
property that otherwise might be incurred or imposed as a result	1524
of the making of the reports or the participation in the judicial	1525
proceeding.	1526

(b) Notwithstanding section 4731.22 of the Revised Code, the	1527
physician-patient privilege shall not be a ground for excluding	1528
evidence regarding a child's injuries, abuse, or neglect, or the	1529
cause of the injuries, abuse, or neglect in any judicial	1530
proceeding resulting from a report submitted pursuant to this	1531
section.	1532

(2) In any civil or criminal action or proceeding in which it	1533
is alleged and proved that participation in the making of a report	1534
under this section was not in good faith or participation in a	1535
judicial proceeding resulting from a report made under this	1536
section was not in good faith, the court shall award the	1537
prevailing party reasonable attorney's fees and costs and, if a	1538
civil action or proceeding is voluntarily dismissed, may award	1539
reasonable attorney's fees and costs to the party against whom the	1540
civil action or proceeding is brought.	1541

(H)(1) Except as provided in divisions (H)(4) and (N) of this	1542
section, a report made under this section is confidential. The	1543
information provided in a report made pursuant to this section and	1544
the name of the person who made the report shall not be released	1545
for use, and shall not be used, as evidence in any civil action or	1546
proceeding brought against the person who made the report. Nothing	1547
in this division shall preclude the use of reports of other	1548
incidents of known or suspected abuse or neglect in a civil action	1549
or proceeding brought pursuant to division (M) of this section	1550
against a person who is alleged to have violated division (A)(1)	1551
of this section, provided that any information in a report that	1552
would identify the child who is the subject of the report or the	1553
maker of the report, if the maker of the report is not the	1554
defendant or an agent or employee of the defendant, has been	1555
redacted. In a criminal proceeding, the report is admissible in	1556
evidence in accordance with the Rules of Evidence and is subject	1557
to discovery in accordance with the Rules of Criminal Procedure.	1558

(2) No person shall permit or encourage the unauthorized	1559
dissemination of the contents of any report made under this	1560
section.	1561

(3) A person who knowingly makes or causes another person to	1562
make a false report under division (B) of this section that	1563
alleges that any person has committed an act or omission that	1564
resulted in a child being an abused child or a neglected child is	1565
guilty of a violation of section 2921.14 of the Revised Code.	1566

(4) If a report is made pursuant to division (A) or (B) of	1567
this section and the child who is the subject of the report dies	1568
for any reason at any time after the report is made, but before	1569
the child attains eighteen years of age, the public children	1570
services agency or municipal or county peace officer to which the	1571
report was made or referred, on the request of the child fatality	1572
review board, shall submit a summary sheet of information	1573
providing a summary of the report to the review board of the	1574
county in which the deceased child resided at the time of death.	1575
On the request of the review board, the agency or peace officer	1576
may, at its discretion, make the report available to the review	1577
board. If the county served by the public children services agency	1578
is also served by a children's advocacy center and the report of	1579
alleged sexual abuse of a child or another type of abuse of a	1580
child is specified in the memorandum of understanding that creates	1581
the center as being within the center's jurisdiction, the agency	1582
or center shall perform the duties and functions specified in this	1583
division in accordance with the interagency agreement entered into	1584
under section 2151.428 of the Revised Code relative to that	1585
advocacy center.	1586

(5) A public children services agency shall advise a person	1587
alleged to have inflicted abuse or neglect on a child who is the	1588
subject of a report made pursuant to this section, including a	1589
report alleging sexual abuse of a child or another type of abuse	1590
of a child referred to a children's advocacy center pursuant to an	1591
interagency agreement entered into under section 2151.428 of the	1592
Revised Code, in writing of the disposition of the investigation.	1593
The agency shall not provide to the person any information that	1594
identifies the person who made the report, statements of	1595
witnesses, or police or other investigative reports.	1596

(I) Any report that is required by this section, other than a	1597
report that is made to the state highway patrol as described in	1598
section 5120.173 of the Revised Code, shall result in protective	1599
services and emergency supportive services being made available by	1600
the public children services agency on behalf of the children	1601
about whom the report is made, in an effort to prevent further	1602
neglect or abuse, to enhance their welfare, and, whenever	1603
possible, to preserve the family unit intact. The agency required	1604
to provide the services shall be the agency conducting the	1605
investigation of the report pursuant to section 2151.422 of the	1606
Revised Code.	1607

(J)(1) Each public children services agency shall prepare a	1608
memorandum of understanding that is signed by all of the	1609
following:	1610

(a) If there is only one juvenile judge in the county, the	1611
juvenile judge of the county or the juvenile judge's	1612
representative;	1613

(b) If there is more than one juvenile judge in the county, a	1614
juvenile judge or the juvenile judges' representative selected by	1615
the juvenile judges or, if they are unable to do so for any	1616
reason, the juvenile judge who is senior in point of service or	1617
the senior juvenile judge's representative;	1618

(c) The county peace officer;

1619

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

1620

(e) Other law enforcement officers handling child abuse and	1621
neglect cases in the county;	1622

(f) The prosecuting attorney of the county;

1623

(g) If the public children services agency is not the county	1624
department of job and family services, the county department of	1625
job and family services;	1626

(h) The county humane society;

1627

(i) If the public children services agency participated in	1628
the execution of a memorandum of understanding under section	1629
2151.426 of the Revised Code establishing a children's advocacy	1630
center, each participating member of the children's advocacy	1631
center established by the memorandum.	1632

(2) A memorandum of understanding shall set forth the normal	1633
operating procedure to be employed by all concerned officials in	1634
the execution of their respective responsibilities under this	1635
section and division (C) of section 2919.21, division (B)(1) of	1636
section 2919.22, division (B) of section 2919.23, and section	1637
2919.24 of the Revised Code and shall have as two of its primary	1638
goals the elimination of all unnecessary interviews of children	1639
who are the subject of reports made pursuant to division (A) or	1640
(B) of this section and, when feasible, providing for only one	1641
interview of a child who is the subject of any report made	1642
pursuant to division (A) or (B) of this section. A failure to	1643
follow the procedure set forth in the memorandum by the concerned	1644
officials is not grounds for, and shall not result in, the	1645
dismissal of any charges or complaint arising from any reported	1646
case of abuse or neglect or the suppression of any evidence	1647
obtained as a result of any reported child abuse or child neglect	1648
and does not give, and shall not be construed as giving, any	1649
rights or any grounds for appeal or post-conviction relief to any	1650
person.	1651

(3) A memorandum of understanding shall include all of the	1652
following:	1653

(a) The roles and responsibilities for handling emergency and	1654
nonemergency cases of abuse and neglect;	1655

(b) Standards and procedures to be used in handling and	1656
coordinating investigations of reported cases of child abuse and	1657
reported cases of child neglect, methods to be used in	1658
interviewing the child who is the subject of the report and who	1659
allegedly was abused or neglected, and standards and procedures	1660
addressing the categories of persons who may interview the child	1661
who is the subject of the report and who allegedly was abused or	1662
neglected.	1663

(4) If a public children services agency participated in the	1664
execution of a memorandum of understanding under section 2151.426	1665
of the Revised Code establishing a children's advocacy center, the	1666
agency shall incorporate the contents of that memorandum in the	1667
memorandum prepared pursuant to this section.	1668

(5) The clerk of the court of common pleas in the county may	1669
sign the memorandum of understanding prepared under division	1670
(J)(1) of this section. If the clerk signs the memorandum of	1671
understanding, the clerk shall execute all relevant	1672
responsibilities as required of officials specified in the	1673
memorandum.	1674

(K)(1) Except as provided in division (K)(4) of this section,	1675
a person who is required to make a report pursuant to division (A)	1676
of this section may make a reasonable number of requests of the	1677
public children services agency that receives or is referred the	1678
report, or of the children's advocacy center that is referred the	1679
report if the report is referred to a children's advocacy center	1680
pursuant to an interagency agreement entered into under section	1681
2151.428 of the Revised Code, to be provided with the following	1682
information:	1683

(a) Whether the agency or center has initiated an	1684
investigation of the report;	1685

(b) Whether the agency or center is continuing to investigate	1686
the report;	1687

(c) Whether the agency or center is otherwise involved with	1688
the child who is the subject of the report;	1689

(d) The general status of the health and safety of the child	1690
who is the subject of the report;	1691

(e) Whether the report has resulted in the filing of a	1692
complaint in juvenile court or of criminal charges in another	1693
court.	1694

(2) A person may request the information specified in	1695
division (K)(1) of this section only if, at the time the report is	1696
made, the person's name, address, and telephone number are	1697
provided to the person who receives the report.	1698

When a municipal or county peace officer or employee of a	1699
public children services agency receives a report pursuant to	1700
division (A) or (B) of this section the recipient of the report	1701
shall inform the person of the right to request the information	1702
described in division (K)(1) of this section. The recipient of the	1703
report shall include in the initial child abuse or child neglect	1704
report that the person making the report was so informed and, if	1705
provided at the time of the making of the report, shall include	1706
the person's name, address, and telephone number in the report.	1707

Each request is subject to verification of the identity of	1708
the person making the report. If that person's identity is	1709
verified, the agency shall provide the person with the information	1710
described in division (K)(1) of this section a reasonable number	1711
of times, except that the agency shall not disclose any	1712
confidential information regarding the child who is the subject of	1713
the report other than the information described in those	1714
divisions.	1715

(3) A request made pursuant to division (K)(1) of this	1716
section is not a substitute for any report required to be made	1717
pursuant to division (A) of this section.	1718

(4) If an agency other than the agency that received or was	1719
referred the report is conducting the investigation of the report	1720
pursuant to section 2151.422 of the Revised Code, the agency	1721
conducting the investigation shall comply with the requirements of	1722
division (K) of this section.	1723

(L) The director of job and family services shall adopt rules	1724
in accordance with Chapter 119. of the Revised Code to implement	1725
this section. The department of job and family services may enter	1726
into a plan of cooperation with any other governmental entity to	1727
aid in ensuring that children are protected from abuse and	1728
neglect. The department shall make recommendations to the attorney	1729
general that the department determines are necessary to protect	1730
children from child abuse and child neglect.	1731

(M) Whoever violates division (A) of this section is liable	1732
for compensatory and exemplary damages to the child who would have	1733
been the subject of the report that was not made. A person who	1734
brings a civil action or proceeding pursuant to this division	1735
against a person who is alleged to have violated division (A)(1)	1736
of this section may use in the action or proceeding reports of	1737
other incidents of known or suspected abuse or neglect, provided	1738
that any information in a report that would identify the child who	1739
is the subject of the report or the maker of the report, if the	1740
maker is not the defendant or an agent or employee of the	1741
defendant, has been redacted.	1742

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

1743

(a) "Out-of-home care" includes a nonchartered nonpublic	1744
school if the alleged child abuse or child neglect, or alleged	1745
threat of child abuse or child neglect, described in a report	1746
received by a public children services agency allegedly occurred	1747
in or involved the nonchartered nonpublic school and the alleged	1748
perpetrator named in the report holds a certificate, permit, or	1749
license issued by the state board of education under section	1750
3301.071 or Chapter 3319. of the Revised Code.	1751

(b) "Administrator, director, or other chief administrative	1752
officer" means the superintendent of the school district if the	1753
out-of-home care entity subject to a report made pursuant to this	1754
section is a school operated by the district.	1755

(2) No later than the end of the day following the day on	1756
which a public children services agency receives a report of	1757
alleged child abuse or child neglect, or a report of an alleged	1758
threat of child abuse or child neglect, that allegedly occurred in	1759
or involved an out-of-home care entity, the agency shall provide	1760
written notice of the allegations contained in and the person	1761
named as the alleged perpetrator in the report to the	1762
administrator, director, or other chief administrative officer of	1763
the out-of-home care entity that is the subject of the report	1764
unless the administrator, director, or other chief administrative	1765
officer is named as an alleged perpetrator in the report. If the	1766
administrator, director, or other chief administrative officer of	1767
an out-of-home care entity is named as an alleged perpetrator in a	1768
report of alleged child abuse or child neglect, or a report of an	1769
alleged threat of child abuse or child neglect, that allegedly	1770
occurred in or involved the out-of-home care entity, the agency	1771
shall provide the written notice to the owner or governing board	1772
of the out-of-home care entity that is the subject of the report.	1773
The agency shall not provide witness statements or police or other	1774
investigative reports.	1775

(3) No later than three days after the day on which a public	1776
children services agency that conducted the investigation as	1777
determined pursuant to section 2151.422 of the Revised Code makes	1778
a disposition of an investigation involving a report of alleged	1779
child abuse or child neglect, or a report of an alleged threat of	1780
child abuse or child neglect, that allegedly occurred in or	1781
involved an out-of-home care entity, the agency shall send written	1782
notice of the disposition of the investigation to the	1783
administrator, director, or other chief administrative officer and	1784
the owner or governing board of the out-of-home care entity. The	1785
agency shall not provide witness statements or police or other	1786
investigative reports.	1787

(O) As used in this section, "investigation" means the public	1788
children services agency's response to an accepted report of child	1789
abuse or neglect through either an alternative response or a	1790
traditional response.	1791

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

1792

(1) "Custodian," "guardian," and "minor child" have the same	1793
meanings as in section 5107.02 of the Revised Code.	1794

(2) "Federal poverty guidelines" has the same meaning as in	1795
section 5101.46 of the Revised Code.	1796

(3) "Kinship caregiver" has the same meaning as in section	1797
5101.85 of the Revised Code.	1798

(B) Subject to division (E) of section 5101.801 of the	1799
Revised Code, there is hereby created the kinship permanency	1800
incentive program to promote permanency for a minor child in the	1801
legal and physical custody of a kinship caregiver. The program	1802
shall provide an initial one-time incentive payment to the kinship	1803
caregiver to defray the costs of initial placement of the minor	1804
child in the kinship caregiver's home. The program may provide	1805
additional permanency incentive payments for the minor child at	1806
six month intervals for a total period not to exceed thirty-six	1807
forty-eight months.	1808

(C) A kinship caregiver may participate in the program if all	1809
of the following requirements are met:	1810

(1) The kinship caregiver applies to a public children	1811
services agency in accordance with the application process	1812
established in rules authorized by division (E) of this section;	1813

(2) Not earlier than July 1, 2005, a juvenile court issues an	1814
order granting legal custody to the kinship caregiver, or a	1815
probate court grants guardianship to the kinship caregiver, except	1816
that a temporary court order is not sufficient to meet this	1817
requirement;	1818

(3) The kinship caregiver is either the minor child's	1819
custodian or guardian;	1820

(4) The minor child resides with the kinship caregiver	1821
pursuant to a placement approval process established in rules	1822
authorized by division (E) of this section;	1823

(5) Excluding any income excluded under rules adopted under	1824
division (E) of this section, the gross income of the kinship	1825
caregiver's family, including the minor child, does not exceed	1826
three hundred per cent of the federal poverty guidelines.	1827

(D) Public children services agencies shall make initial and	1828
ongoing eligibility determinations for the kinship permanency	1829
incentive program in accordance with rules authorized by division	1830
(E) of this section. The director of job and family services shall	1831
supervise public children services agencies' duties under this	1832
section.	1833

(E) The director of job and family services shall adopt rules	1834
under division (C) of section 5101.801 of the Revised Code as	1835
necessary to implement the kinship permanency incentive program.	1836
The rules shall establish all of the following:	1837

(1) The application process for the program;

1838

(2) The placement approval process through which a minor	1839
child is placed with a kinship caregiver for the kinship caregiver	1840
to be eligible for the program;	1841

(3) The initial and ongoing eligibility determination process	1842
for the program, including the computation of income eligibility;	1843

(4) The amount of the incentive payments provided under the	1844
program;	1845

(5) The method by which the incentive payments are provided	1846
to a kinship caregiver.	1847

(F) The amendments made to this section by Am. Sub. H.B. 119	1848
of the 127th general assembly shall not affect the eligibility of	1849
any kinship caregiver whose eligibility was established before	1850
the effective date of the amendmentsJune 30, 2007.	1851

Sec. 5103.035.  A public children services agency, private	1852
child placing agency, or private noncustodial agency acting as a	1853
recommending agency for a foster caregiver shall develop and	1854
implement a written needs assessment and continuing training plan	1855
for the foster caregiver. Each needs assessment and continuing	1856
training plan shall satisfy all of the following requirements:	1857

(A) Be effective for the two-year period the foster	1858
caregiver's certificate is in effect;	1859

(B) Be appropriate for the type of foster home the foster	1860
caregiver operates, and include training for the caregiver that	1861
relates to providing independent living services, as defined in	1862
section 2151.81 of the Revised Code, to a child placed as provided	1863
in division (B)(2) of section 2151.353 of the Revised Code;	1864

(C) Require the foster caregiver to successfully complete the	1865
training required by the department in rules adopted pursuant to	1866
section 5103.0316 of the Revised Code and any other courses the	1867
agency considers appropriate;	1868

(D) Include criteria the agency is to use to determine	1869
whether the foster caregiver has successfully completed the	1870
courses;	1871

(E) Guarantee that the courses the foster caregiver is	1872
required to complete are available to the foster caregiver at	1873
reasonable times and places;	1874

(F) Specify the number of hours of continuing training, if	1875
any, the foster caregiver may complete by teaching one or more	1876
training classes to other foster caregivers or by providing	1877
mentoring services to other foster caregivers pursuant to division	1878
(B) of section 5103.032 of the Revised Code;	1879

(G) Specify the number of hours of continuing training, if	1880
any, the agency will waive pursuant to division (C) of section	1881
5103.032 of the Revised Code.	1882

Sec. 5103.162. (A) Except as provided in division (B) of this	1883
section, a foster caregiver shall be immune from liability in a	1884
civil action to recover damages for injury, death, or loss to	1885
person or property allegedly caused by an act or omission in	1886
connection with a power, duty, responsibility, or authorization	1887
under this chapter or under rules adopted under authority of this	1888
chapter.	1889

(B) The immunity described in division (A) of this section	1890
does not apply to a foster caregiver if, in relation to the act or	1891
omission in question, any of the following applies:	1892

(1) The act or omission was manifestly outside the scope of	1893
the foster caregiver's power, duty, responsibility, or	1894
authorization.	1895

(2) The act or omission was with malicious purpose, in bad	1896
faith, or in a wanton or reckless manner.	1897

(3) Liability for the act or omission is expressly imposed by	1898
a section of the Revised Code.	1899

(C)(1) A foster caregiver shall use a reasonable and prudent	1900
parent standard when considering whether to authorize a foster	1901
child who resides in the foster home to participate in	1902
extracurricular, enrichment, and social activities in accordance	1903
with policies and procedures adopted by the department of job and	1904
family services as prescribed in division (D) of this section.	1905

(2) A public children services agency, private child placing	1906
agency, or private noncustodial agency that serves as the child's	1907
custodian or as the supervising agency for the foster caregiver	1908
shall be immune from liability in a civil action to recover	1909
damages for injury, death, or loss to person or property that	1910
result from a foster caregiver's or agency's decisions using a	1911
reasonable and prudent parent standard in accordance with division	1912
(C)(1) of this section.	1913

(3) Nothing in this section shall affect, limit, abridge, or	1914
otherwise modify the immunities and defenses available to a public	1915
children services agency as a political subdivision under Chapter	1916
2744. of the Revised Code.	1917

(4) As used in this section, "reasonable and prudent parent	1918
standard" means the standard characterized by careful and sensible	1919
parental decisions that maintain the child's health, safety, and	1920
best interests while at the same time encouraging the child's	1921
emotional and developmental growth, that a caregiver or agency	1922
shall use when determining whether to allow a child in the care of	1923
a foster caregiver to participate in extracurricular, enrichment,	1924
and social activities.	1925

(D) The department of job and family services shall adopt	1926
rules, pursuant to Chapter 119. of the Revised Code, that	1927
establish policies and procedures for determining whether a foster	1928
child who resides in a foster home may participate in	1929
extracurricular, enrichment, and social activities. The department	1930
shall consult with current and former foster youth advocacy	1931
organizations when establishing the policies and procedures.	1932

Section 2.  That existing sections 2151.281, 2151.353,	1933
2151.414, 2151.415, 2151.417, 2151.421, 5101.802, 5103.035, and	1934
5103.162 of the Revised Code are hereby repealed.	1935

Section 3.  Section 2151.281 of the Revised Code is presented	1936
in this act as a composite of the section as amended by both Am.	1937
Sub. S.B. 17 and Am. Sub. S.B. 238 of the 126th General Assembly.	1938
The General Assembly, applying the principle stated in division	1939
(B) of section 1.52 of the Revised Code that amendments are to be	1940
harmonized if reasonably capable of simultaneous operation, finds	1941
that the composite is the resulting version of the section in	1942
effect prior to the effective date of the section as presented in	1943
this act.	1944