As Passed by the Senate

130th General Assembly Regular Session 2013-2014

Sub. S. B. No. 152

Senator Lehner 

Cosponsors: Senators Beagle, Cafaro, Jones, LaRose, Manning, Patton, Brown, Burke, Coley, Eklund, Gardner, Hite, Kearney, Peterson, Sawyer, Schiavoni, Seitz, Skindell, Smith, Tavares, Turner, Uecker 

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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
subject to rules adopted by the supreme court, to protect the	64
interest of a child in any proceeding concerning an alleged	65
dependent child if any of the following applies:	66

(a) The parent of the child appears to be mentally	67
incompetent or is under eighteen years of age.	68

(b) There is a conflict of interest between the child and the	69
child's parents, guardian, or custodian.	70

(c) The court believes that the parent of the child is not	71
capable of representing the best interest of the child.	72

(3) Except in any proceeding concerning a dependent child	73
involving the permanent custody of an infant under the age of six	74
months for the sole purpose of placement for adoption by a private	75
child placing agency, the court may appoint a guardian ad litem,	76
subject to rules adopted by the supreme court, to protect the	77
interest of the child in any other proceeding concerning an	78
alleged dependent child.	79

(4) The guardian ad litem appointed for an alleged or	80
adjudicated abused or neglected child may bring a civil action	81
against any person who is required by division (A)(1) or (4) of	82
section 2151.421 of the Revised Code to file a report of child	83
abuse or child neglect that is known or reasonably suspected or	84
believed to have occurred if that person knows, or has reasonable	85
cause to suspect or believe based on facts that would cause a	86
reasonable person in a similar position to suspect or believe, as	87
applicable, that the child for whom the guardian ad litem is	88
appointed is the subject of child abuse or child neglect and does	89
not file the required report and if the child suffers any injury	90
or harm as a result of the child abuse or child neglect that is	91
known or reasonably suspected or believed to have occurred or	92
suffers additional injury or harm after the failure to file the	93
report.	94

(C) In any proceeding concerning an alleged or adjudicated	95
delinquent, unruly, abused, neglected, or dependent child in which	96
the parent appears to be mentally incompetent or is under eighteen	97
years of age, the court shall appoint a guardian ad litem to	98
protect the interest of that parent.	99

(D) The court shall require the guardian ad litem to	100
faithfully discharge the guardian ad litem's duties and, upon the	101
guardian ad litem's failure to faithfully discharge the guardian	102
ad litem's duties, shall discharge the guardian ad litem and	103
appoint another guardian ad litem. The court may fix the	104
compensation for the service of the guardian ad litem, which	105
compensation shall be paid from the treasury of the county,	106
subject to rules adopted by the supreme court.	107

(E) A parent who is eighteen years of age or older and not	108
mentally incompetent shall be deemed sui juris for the purpose of	109
any proceeding relative to a child of the parent who is alleged or	110
adjudicated to be an abused, neglected, or dependent child.	111

(F) In any case in which a parent of a child alleged or	112
adjudicated to be an abused, neglected, or dependent child is	113
under eighteen years of age, the parents of that parent shall be	114
summoned to appear at any hearing respecting the child, who is	115
alleged or adjudicated to be an abused, neglected, or dependent	116
child.	117

(G) InExcept as provided in division (K) of this section, in	118
any case involvingin which a guardian ad litem is to be appointed	119
for an alleged or adjudicated abused or, neglected, or dependent	120
child or in any case involving an agreement for the voluntary	121
surrender of temporary or permanent custody of a child that is	122
made in accordance with section 5103.15 of the Revised Code, the	123
court shall appoint the guardian ad litem in each case as soon as	124
possible after the complaint is filed, the request for an	125
extension of the temporary custody agreement is filed with the	126
court, or the request for court approval of the permanent custody	127
agreement is filed. In any case involving an alleged dependent	128
child in which the parent of the child appears to be mentally	129
incompetent or is under eighteen years of age, there is a conflict	130
of interest between the child and the child's parents, guardian,	131
or custodian, or the court believes that the parent of the child	132
is not capable of representing the best interest of the child, the	133
court shall appoint a guardian ad litem for the child. The	134
guardian ad litem or the guardian ad litem's replacement shall	135
continue to serve until any of the following occur:	136

(1) The complaint is dismissed or the request for an	137
extension of a temporary custody agreement or for court approval	138
of the permanent custody agreement is withdrawn or denied;	139

(2) All dispositional orders relative to the child have	140
terminated;	141

(3) The legal custody of the child is granted to a relative	142
of the child, or to another person;	143

(4) The child is placed in an adoptive home or, at the	144
court's discretion, a final decree of adoption is issued with	145
respect to the child;	146

(5) The child reaches the age of eighteen if the child is not	147
mentally retarded, developmentally disabled, or physically	148
impaired or the child reaches the age of twenty-one if the child	149
is mentally retarded, developmentally disabled, or physically	150
impaired;	151

(6) The guardian ad litem resigns or is removed by the court	152
and a replacement is appointed by the court.	153

If a guardian ad litem ceases to serve a child pursuant to	154
division (G)(4) of this section and the petition for adoption with	155
respect to the child is denied or withdrawn prior to the issuance	156
of a final decree of adoption or prior to the date an	157
interlocutory order of adoption becomes final, the juvenile court	158
shall reappoint a guardian ad litem for that child. The public	159
children services agency or private child placing agency with	160
permanent custody of the child shall notify the juvenile court if	161
the petition for adoption is denied or withdrawn.	162

(H) If the guardian ad litem for an alleged or adjudicated	163
abused, neglected, or dependent child is an attorney admitted to	164
the practice of law in this state, the guardian ad litem also may	165
serve as counsel to the ward. Until the supreme court adopts rules	166
regarding service as a guardian ad litem that regulate conflicts	167
between a person's role as guardian ad litem and as counsel, if a	168
person is serving as guardian ad litem and counsel for a child and	169
either that person or the court finds that a conflict may exist	170
between the person's roles as guardian ad litem and as counsel,	171
the court shall relieve the person of duties as guardian ad litem	172
and appoint someone else as guardian ad litem for the child. If	173
the court appoints a person who is not an attorney admitted to the	174
practice of law in this state to be a guardian ad litem, the court	175
also may appoint an attorney admitted to the practice of law in	176
this state to serve as counsel for the guardian ad litem.	177

(I) The guardian ad litem for an alleged or adjudicated	178
abused, neglected, or dependent child shall perform whatever	179
functions are necessary to protect the best interest of the child,	180
including, but not limited to, investigation, mediation,	181
monitoring court proceedings, and monitoring the services provided	182
the child by the public children services agency or private child	183
placing agency that has temporary or permanent custody of the	184
child, and shall file any motions and other court papers that are	185
in the best interest of the child in accordance with rules adopted	186
by the supreme court.	187

The guardian ad litem shall be given notice of all hearings,	188
administrative reviews, and other proceedings in the same manner	189
as notice is given to parties to the action.	190

(J)(1) When the court appoints a guardian ad litem pursuant	191
to this section, it shall appoint a qualified volunteer or court	192
appointed special advocate whenever one is available and the	193
appointment is appropriate.	194

(2) Upon request, the department of job and family services	195
shall provide for the training of volunteer guardians ad litem.	196

(K) A guardian ad litem shall not be appointed for a child	197
who is under six months of age in any proceeding in which a	198
private child placing agency is seeking permanent custody of the	199
child or seeking approval of a voluntary permanent custody	200
surrender agreement for the sole purpose of the adoption of the	201
child.	202

Sec. 2151.315.  (A) As used in this section,	203
"age-appropriate" means activities or items that are generally	204
accepted as suitable for children of the same chronological age or	205
level of maturity. Age appropriateness is based on the development	206
of cognitive, emotional, physical, and behavioral capacity that is	207
typical for an age or age group.	208

(B) A child who is subject to out-of-home care for alleged or	209
adjudicated abused, neglected, or dependent children is entitled	210
to participate in age-appropriate extracurricular, enrichment, and	211
social activities.	212

(C) A person or facility that is providing out-of-home care	213
for an alleged or adjudicated abused, neglected, or dependent	214
child shall consider all of the following when determining whether	215
to give permission for that child to participate in	216
extracurricular, enrichment, or social activities:	217

(1) The child's age, maturity, and developmental level to	218
maintain the overall health and safety of the child;	219

(2) The potential risk factors and the appropriateness of the	220
extracurricular, enrichment, or social activity;	221

(3) The best interest of the child based on information known	222
by the person or facility providing out-of-home care for an	223
alleged or adjudicated abused, neglected, or dependent child;	224

(4) The importance of encouraging the child's emotional and	225
developmental growth;	226

(5) The importance of providing the child with the most	227
family-like living experience possible;	228

(6) The behavioral history of the child and the child's	229
ability to safely participate in the extracurricular, enrichment,	230
or social activity.	231

(D) A person or facility that provides out-of-home care to an	232
alleged or adjudicated abused, neglected, or dependent child shall	233
be immune from liability in a civil action to recover damages for	234
injury, death, or loss to person or property caused to the child	235
who participates in an extracurricular, enrichment, or social	236
activity approved by the person or facility provided that the	237
person or facility considered the factors described in division	238
(C) of this section.	239

Sec. 2151.353.  (A) If a child is adjudicated an abused,	240
neglected, or dependent child, the court may make any of the	241
following orders of disposition:	242

(1) Place the child in protective supervision;

243

(2) Commit the child to the temporary custody of a public	244
children services agency, a private child placing agency, either	245
parent, a relative residing within or outside the state, or a	246
probation officer for placement in a certified foster home, or in	247
any other home approved by the court;	248

(3) Award legal custody of the child to either parent or to	249
any other person who, prior to the dispositional hearing, files a	250
motion requesting legal custody of the child or is identified as a	251
proposed legal custodian in a complaint or motion filed prior to	252
the dispositional hearing by any party to the proceedings. A	253
person identified in a complaint or motion filed by a party to the	254
proceedings as a proposed legal custodian shall be awarded legal	255
custody of the child only if the person identified signs a	256
statement of understanding for legal custody that contains at	257
least the following provisions:	258

(a) That it is the intent of the person to become the legal	259
custodian of the child and the person is able to assume legal	260
responsibility for the care and supervision of the child;	261

(b) That the person understands that legal custody of the	262
child in question is intended to be permanent in nature and that	263
the person will be responsible as the custodian for the child	264
until the child reaches the age of majority. Responsibility as	265
custodian for the child shall continue beyond the age of majority	266
if, at the time the child reaches the age of majority, the child	267
is pursuing a diploma granted by the board of education or other	268
governing authority, successful completion of the curriculum of	269
any high school, successful completion of an individualized	270
education program developed for the student by any high school, or	271
an age and schooling certificate. Responsibility beyond the age of	272
majority shall terminate when the child ceases to continuously	273
pursue such an education, completes such an education, or is	274
excused from such an education under standards adopted by the	275
state board of education, whichever occurs first.	276

(c) That the parents of the child have residual parental	277
rights, privileges, and responsibilities, including, but not	278
limited to, the privilege of reasonable visitation, consent to	279
adoption, the privilege to determine the child's religious	280
affiliation, and the responsibility for support;	281

(d) That the person understands that the person must be	282
present in court for the dispositional hearing in order to affirm	283
the person's intention to become legal custodian, to affirm that	284
the person understands the effect of the custodianship before the	285
court, and to answer any questions that the court or any parties	286
to the case may have.	287

(4) Commit the child to the permanent custody of a public	288
children services agency or private child placing agency, if the	289
court determines in accordance with division (E) of section	290
2151.414 of the Revised Code that the child cannot be placed with	291
one of the child's parents within a reasonable time or should not	292
be placed with either parent and determines in accordance with	293
division (D)(1) of section 2151.414 of the Revised Code that the	294
permanent commitment is in the best interest of the child. If the	295
court grants permanent custody under this division, the court,	296
upon the request of any party, shall file a written opinion	297
setting forth its findings of fact and conclusions of law in	298
relation to the proceeding.	299

(5) Place the child in a planned permanent living arrangement	300
with a public children services agency or private child placing	301
agency, if a public children services agency or private child	302
placing agency requests the court to place the child in a planned	303
permanent living arrangement and if the court finds, by clear and	304
convincing evidence, that a planned permanent living arrangement	305
is in the best interest of the child and that one of the following	306
exists:	307

(a) The child, because of physical, mental, or psychological	308
problems or needs, is unable to function in a family-like setting	309
and must remain in residential or institutional care now and for	310
the foreseeable future beyond the date of the dispositional	311
hearing held pursuant to section 2151.35 of the Revised Code.	312

(b) The child is sixteen years of age or older, the parents	313
of the child have significant physical, mental, or psychological	314
problems and are unable to care for the child because of those	315
problems, adoption is not in the best interest of the child, as	316
determined in accordance with division (D)(1) of section 2151.414	317
of the Revised Code, and the child retains a significant and	318
positive relationship with a parent or relative.	319

(c) The child is sixteen years of age or older, has been	320
counseled on the permanent placement options available to the	321
child, and is unwilling to accept or unable to adapt to a	322
permanent placement, and is in an agency program preparing the	323
child for independent living.	324

(6) Order the removal from the child's home until further	325
order of the court of the person who committed abuse as described	326
in section 2151.031 of the Revised Code against the child, who	327
caused or allowed the child to suffer neglect as described in	328
section 2151.03 of the Revised Code, or who is the parent,	329
guardian, or custodian of a child who is adjudicated a dependent	330
child and order any person not to have contact with the child or	331
the child's siblings.	332

(B)(1) When making a determination on whether to place a	333
child in a planned permanent living arrangement pursuant to	334
division (A)(5)(b) or (c) of this section, the court shall	335
consider all relevant information that has been presented to the	336
court, including information gathered from the child, the child's	337
guardian ad litem, and the public children services agency or	338
private child placing agency.	339

(2) A child who is placed in a planned permanent living	340
arrangement pursuant to division (A)(5)(b) or (c) of this section	341
shall be placed in an independent living setting or in a family	342
setting in which the caregiver has been provided by the agency	343
that has custody of the child with a notice that addresses the	344
following:	345

(a) The caregiver understands that the planned permanent	346
living arrangement is intended to be permanent in nature and that	347
the caregiver will provide a stable placement for the child	348
through the child's emancipation or until the court releases the	349
child from the custody of the agency, whichever occurs first.	350

(b) The caregiver is expected to actively participate in the	351
youth's independent living case plan, attend agency team meetings	352
and court hearings as appropriate, complete training, as provided	353
in division (B) of section 5103.035 of the Revised Code, related	354
to providing the child independent living services, and assist in	355
the child's transition into adulthood.	356

(3) The department of job and family services shall develop a	357
model notice to be provided by an agency that has custody of a	358
child to a caregiver under division (B)(2) of this section. The	359
agency may modify the model notice to apply to the needs of the	360
agency.	361

(C) No order for permanent custody or temporary custody of a	362
child or the placement of a child in a planned permanent living	363
arrangement shall be made pursuant to this section unless the	364
complaint alleging the abuse, neglect, or dependency contains a	365
prayer requesting permanent custody, temporary custody, or the	366
placement of the child in a planned permanent living arrangement	367
as desired, the summons served on the parents of the child	368
contains as is appropriate a full explanation that the granting of	369
an order for permanent custody permanently divests them of their	370
parental rights, a full explanation that an adjudication that the	371
child is an abused, neglected, or dependent child may result in an	372
order of temporary custody that will cause the removal of the	373
child from their legal custody until the court terminates the	374
order of temporary custody or permanently divests the parents of	375
their parental rights, or a full explanation that the granting of	376
an order for a planned permanent living arrangement will result in	377
the removal of the child from their legal custody if any of the	378
conditions listed in divisions (A)(5)(a) to (c) of this section	379
are found to exist, and the summons served on the parents contains	380
a full explanation of their right to be represented by counsel and	381
to have counsel appointed pursuant to Chapter 120. of the Revised	382
Code if they are indigent.	383

If after making disposition as authorized by division (A)(2)	384
of this section, a motion is filed that requests permanent custody	385
of the child, the court may grant permanent custody of the child	386
to the movant in accordance with section 2151.414 of the Revised	387
Code.	388

(C)(D) If the court issues an order for protective	389
supervision pursuant to division (A)(1) of this section, the court	390
may place any reasonable restrictions upon the child, the child's	391
parents, guardian, or custodian, or any other person, including,	392
but not limited to, any of the following:	393

(1) Order a party, within forty-eight hours after the	394
issuance of the order, to vacate the child's home indefinitely or	395
for a specified period of time;	396

(2) Order a party, a parent of the child, or a physical	397
custodian of the child to prevent any particular person from	398
having contact with the child;	399

(3) Issue an order restraining or otherwise controlling the	400
conduct of any person which conduct would not be in the best	401
interest of the child.	402

(D)(E) As part of its dispositional order, the court shall	403
journalize a case plan for the child. The journalized case plan	404
shall not be changed except as provided in section 2151.412 of the	405
Revised Code.	406

(E)(F)(1) The court shall retain jurisdiction over any child	407
for whom the court issues an order of disposition pursuant to	408
division (A) of this section or pursuant to section 2151.414 or	409
2151.415 of the Revised Code until the child attains the age of	410
eighteen years if the child is not mentally retarded,	411
developmentally disabled, or physically impaired, the child	412
attains the age of twenty-one years if the child is mentally	413
retarded, developmentally disabled, or physically impaired, or the	414
child is adopted and a final decree of adoption is issued, except	415
that the court may retain jurisdiction over the child and continue	416
any order of disposition under division (A) of this section or	417
under section 2151.414 or 2151.415 of the Revised Code for a	418
specified period of time to enable the child to graduate from high	419
school or vocational school. The court shall make an entry	420
continuing its jurisdiction under this division in the journal.	421

(2) Any public children services agency, any private child	422
placing agency, the department of job and family services, or any	423
party, other than any parent whose parental rights with respect to	424
the child have been terminated pursuant to an order issued under	425
division (A)(4) of this section, by filing a motion with the	426
court, may at any time request the court to modify or terminate	427
any order of disposition issued pursuant to division (A) of this	428
section or section 2151.414 or 2151.415 of the Revised Code. The	429
court shall hold a hearing upon the motion as if the hearing were	430
the original dispositional hearing and shall give all parties to	431
the action and the guardian ad litem notice of the hearing	432
pursuant to the Juvenile Rules. If applicable, the court shall	433
comply with section 2151.42 of the Revised Code.	434

(F)(G) Any temporary custody order issued pursuant to	435
division (A) of this section shall terminate one year after the	436
earlier of the date on which the complaint in the case was filed	437
or the child was first placed into shelter care, except that, upon	438
the filing of a motion pursuant to section 2151.415 of the Revised	439
Code, the temporary custody order shall continue and not terminate	440
until the court issues a dispositional order under that section.	441
In resolving the motion, the court shall not order an existing	442
temporary custody order to continue beyond two years after the	443
date on which the complaint was filed or the child was first	444
placed into shelter care, whichever date is earlier, regardless of	445
whether any extensions have been previously ordered pursuant to	446
division (D) of section 2151.415 of the Revised Code.	447

(G)(H)(1) No later than one year after the earlier of the	448
date the complaint in the case was filed or the child was first	449
placed in shelter care, a party may ask the court to extend an	450
order for protective supervision for six months or to terminate	451
the order. A party requesting extension or termination of the	452
order shall file a written request for the extension or	453
termination with the court and give notice of the proposed	454
extension or termination in writing before the end of the day	455
after the day of filing it to all parties and the child's guardian	456
ad litem. If a public children services agency or private child	457
placing agency requests termination of the order, the agency shall	458
file a written status report setting out the facts supporting	459
termination of the order at the time it files the request with the	460
court. If no party requests extension or termination of the order,	461
the court shall notify the parties that the court will extend the	462
order for six months or terminate it and that it may do so without	463
a hearing unless one of the parties requests a hearing. All	464
parties and the guardian ad litem shall have seven days from the	465
date a notice is sent pursuant to this division to object to and	466
request a hearing on the proposed extension or termination.	467

(a) If it receives a timely request for a hearing, the court	468
shall schedule a hearing to be held no later than thirty days	469
after the request is received by the court. The court shall give	470
notice of the date, time, and location of the hearing to all	471
parties and the guardian ad litem. At the hearing, the court shall	472
determine whether extension or termination of the order is in the	473
child's best interest. If termination is in the child's best	474
interest, the court shall terminate the order. If extension is in	475
the child's best interest, the court shall extend the order for	476
six months.	477

(b) If it does not receive a timely request for a hearing,	478
the court may extend the order for six months or terminate it	479
without a hearing and shall journalize the order of extension or	480
termination not later than fourteen days after receiving the	481
request for extension or termination or after the date the court	482
notifies the parties that it will extend or terminate the order.	483
If the court does not extend or terminate the order, it shall	484
schedule a hearing to be held no later than thirty days after the	485
expiration of the applicable fourteen-day time period and give	486
notice of the date, time, and location of the hearing to all	487
parties and the child's guardian ad litem. At the hearing, the	488
court shall determine whether extension or termination of the	489
order is in the child's best interest. If termination is in the	490
child's best interest, the court shall terminate the order. If	491
extension is in the child's best interest, the court shall issue	492
an order extending the order for protective supervision six	493
months.	494

(2) If the court grants an extension of the order for	495
protective supervision pursuant to division (G)(H)(1) of this	496
section, a party may, prior to termination of the extension, file	497
with the court a request for an additional extension of six months	498
or for termination of the order. The court and the parties shall	499
comply with division (G)(H)(1) of this section with respect to	500
extending or terminating the order.	501

(3) If a court grants an extension pursuant to division	502
(G)(H)(2) of this section, the court shall terminate the order for	503
protective supervision at the end of the extension.	504

(H)(I) The court shall not issue a dispositional order	505
pursuant to division (A) of this section that removes a child from	506
the child's home unless the court complies with section 2151.419	507
of the Revised Code and includes in the dispositional order the	508
findings of fact required by that section.	509

(I)(J) If a motion or application for an order described in	510
division (A)(6) of this section is made, the court shall not issue	511
the order unless, prior to the issuance of the order, it provides	512
to the person all of the following:	513

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

514

(2) The grounds for the motion or application;

515

(3) An opportunity to present evidence and witnesses at a	516
hearing regarding the motion or application;	517

(4) An opportunity to be represented by counsel at the	518
hearing.	519

(J)(K) The jurisdiction of the court shall terminate one year	520
after the date of the award or, if the court takes any further	521
action in the matter subsequent to the award, the date of the	522
latest further action subsequent to the award, if the court awards	523
legal custody of a child to either of the following:	524

(1) A legal custodian who, at the time of the award of legal	525
custody, resides in a county of this state other than the county	526
in which the court is located;	527

(2) A legal custodian who resides in the county in which the	528
court is located at the time of the award of legal custody, but	529
moves to a different county of this state prior to one year after	530
the date of the award or, if the court takes any further action in	531
the matter subsequent to the award, one year after the date of the	532
latest further action subsequent to the award.	533

The court in the county in which the legal custodian resides	534
then shall have jurisdiction in the matter.	535

Sec. 2151.414.  (A)(1) Upon the filing of a motion pursuant	536
to section 2151.413 of the Revised Code for permanent custody of a	537
child, the court shall schedule a hearing and give notice of the	538
filing of the motion and of the hearing, in accordance with	539
section 2151.29 of the Revised Code, to all parties to the action	540
and to the child's guardian ad litem. The notice also shall	541
contain a full explanation that the granting of permanent custody	542
permanently divests the parents of their parental rights, a full	543
explanation of their right to be represented by counsel and to	544
have counsel appointed pursuant to Chapter 120. of the Revised	545
Code if they are indigent, and the name and telephone number of	546
the court employee designated by the court pursuant to section	547
2151.314 of the Revised Code to arrange for the prompt appointment	548
of counsel for indigent persons.	549

The court shall conduct a hearing in accordance with section	550
2151.35 of the Revised Code to determine if it is in the best	551
interest of the child to permanently terminate parental rights and	552
grant permanent custody to the agency that filed the motion. The	553
adjudication that the child is an abused, neglected, or dependent	554
child and any dispositional order that has been issued in the case	555
under section 2151.353 of the Revised Code pursuant to the	556
adjudication shall not be readjudicated at the hearing and shall	557
not be affected by a denial of the motion for permanent custody.	558

(2) The court shall hold the hearing scheduled pursuant to	559
division (A)(1) of this section not later than one hundred twenty	560
days after the agency files the motion for permanent custody,	561
except that, for good cause shown, the court may continue the	562
hearing for a reasonable period of time beyond the	563
one-hundred-twenty-day deadline. The court shall issue an order	564
that grants, denies, or otherwise disposes of the motion for	565
permanent custody, and journalize the order, not later than two	566
hundred days after the agency files the motion.	567

If a motion is made under division (D)(2) of section 2151.413	568
of the Revised Code and no dispositional hearing has been held in	569
the case, the court may hear the motion in the dispositional	570
hearing required by division (B) of section 2151.35 of the Revised	571
Code. If the court issues an order pursuant to section 2151.353 of	572
the Revised Code granting permanent custody of the child to the	573
agency, the court shall immediately dismiss the motion made under	574
division (D)(2) of section 2151.413 of the Revised Code.	575

The failure of the court to comply with the time periods set	576
forth in division (A)(2) of this section does not affect the	577
authority of the court to issue any order under this chapter and	578
does not provide any basis for attacking the jurisdiction of the	579
court or the validity of any order of the court.	580

(B)(1) Except as provided in division (B)(2) of this section,	581
the court may grant permanent custody of a child to a movant if	582
the court determines at the hearing held pursuant to division (A)	583
of this section, by clear and convincing evidence, that it is in	584
the best interest of the child to grant permanent custody of the	585
child to the agency that filed the motion for permanent custody	586
and that any of the following apply:	587

(a) The child is not abandoned or orphaned, has not been in	588
the temporary custody of one or more public children services	589
agencies or private child placing agencies for twelve or more	590
months of a consecutive twenty-two-month period, or has not been	591
in the temporary custody of one or more public children services	592
agencies or private child placing agencies for twelve or more	593
months of a consecutive twenty-two-month period if, as described	594
in division (D)(1) of section 2151.413 of the Revised Code, the	595
child was previously in the temporary custody of an equivalent	596
agency in another state, and the child cannot be placed with	597
either of the child's parents within a reasonable time or should	598
not be placed with the child's parents.	599

(b) The child is abandoned.

600

(c) The child is orphaned, and there are no relatives of the	601
child who are able to take permanent custody.	602

(d) The child has been in the temporary custody of one or	603
more public children services agencies or private child placing	604
agencies for twelve or more months of a consecutive	605
twenty-two-month period, or the child has been in the temporary	606
custody of one or more public children services agencies or	607
private child placing agencies for twelve or more months of a	608
consecutive twenty-two-month period and, as described in division	609
(D)(1) of section 2151.413 of the Revised Code, the child was	610
previously in the temporary custody of an equivalent agency in	611
another state.	612

(e) The child or another child in the custody of the parent	613
or parents from whose custody the child has been removed has been	614
adjudicated an abused, neglected, or dependent child on three	615
separate occasions by any court in this state or another state.	616

For the purposes of division (B)(1) of this section, a child	617
shall be considered to have entered the temporary custody of an	618
agency on the earlier of the date the child is adjudicated	619
pursuant to section 2151.28 of the Revised Code or the date that	620
is sixty days after the removal of the child from home.	621

(2) With respect to a motion made pursuant to division (D)(2)	622
of section 2151.413 of the Revised Code, the court shall grant	623
permanent custody of the child to the movant if the court	624
determines in accordance with division (E) of this section that	625
the child cannot be placed with one of the child's parents within	626
a reasonable time or should not be placed with either parent and	627
determines in accordance with division (D) of this section that	628
permanent custody is in the child's best interest.	629

(C) In making the determinations required by this section or	630
division (A)(4) of section 2151.353 of the Revised Code, a court	631
shall not consider the effect the granting of permanent custody to	632
the agency would have upon any parent of the child. A written	633
report of the guardian ad litem of the child shall be submitted to	634
the court prior to or at the time of the hearing held pursuant to	635
division (A) of this section or section 2151.35 of the Revised	636
Code but shall not be submitted under oath.	637

If the court grants permanent custody of a child to a movant	638
under this division, the court, upon the request of any party,	639
shall file a written opinion setting forth its findings of fact	640
and conclusions of law in relation to the proceeding. The court	641
shall not deny an agency's motion for permanent custody solely	642
because the agency failed to implement any particular aspect of	643
the child's case plan.	644

(D)(1) In determining the best interest of a child at a	645
hearing held pursuant to division (A) of this section or for the	646
purposes of division (A)(4) or (5) of section 2151.353 or division	647
(C) of section 2151.415 of the Revised Code, the court shall	648
consider all relevant factors, including, but not limited to, the	649
following:	650

(a) The interaction and interrelationship of the child with	651
the child's parents, siblings, relatives, foster caregivers and	652
out-of-home providers, and any other person who may significantly	653
affect the child;	654

(b) The wishes of the child, as expressed directly by the	655
child or through the child's guardian ad litem, with due regard	656
for the maturity of the child;	657

(c) The custodial history of the child, including whether the	658
child has been in the temporary custody of one or more public	659
children services agencies or private child placing agencies for	660
twelve or more months of a consecutive twenty-two-month period, or	661
the child has been in the temporary custody of one or more public	662
children services agencies or private child placing agencies for	663
twelve or more months of a consecutive twenty-two-month period	664
and, as described in division (D)(1) of section 2151.413 of the	665
Revised Code, the child was previously in the temporary custody of	666
an equivalent agency in another state;	667

(d) The child's need for a legally secure permanent placement	668
and whether that type of placement can be achieved without a grant	669
of permanent custody to the agency;	670

(e) Whether any of the factors in divisions (E)(7) to (11) of	671
this section apply in relation to the parents and child.	672

For the purposes of division (D)(1) of this section, a child	673
shall be considered to have entered the temporary custody of an	674
agency on the earlier of the date the child is adjudicated	675
pursuant to section 2151.28 of the Revised Code or the date that	676
is sixty days after the removal of the child from home.	677

(2) If all of the following apply, permanent custody is in	678
the best interest of the child and the court shall commit the	679
child to the permanent custody of a public children services	680
agency or private child placing agency:	681

(a) The court determines by clear and convincing evidence	682
that one or more of the factors in division (E) of this section	683
exist and the child cannot be placed with one of the child's	684
parents within a reasonable time or should not be placed with	685
either parent.	686

(b) The child has been in an agency's custody for two years	687
or longer, and no longer qualifies for temporary custody pursuant	688
to division (D) of section 2151.415 of the Revised Code.	689

(c) The child does not meet the requirements for a planned	690
permanent living arrangement pursuant to division (A)(5) of	691
section 2151.353 of the Revised Code.	692

(d) Prior to the dispositional hearing, no relative or other	693
interested person has filed, or has been identified in, a motion	694
for legal custody of the child.	695

(E) In determining at a hearing held pursuant to division (A)	696
of this section or for the purposes of division (A)(4) of section	697
2151.353 of the Revised Code whether a child cannot be placed with	698
either parent within a reasonable period of time or should not be	699
placed with the parents, the court shall consider all relevant	700
evidence. If the court determines, by clear and convincing	701
evidence, at a hearing held pursuant to division (A) of this	702
section or for the purposes of division (A)(4) of section 2151.353	703
of the Revised Code that one or more of the following exist as to	704
each of the child's parents, the court shall enter a finding that	705
the child cannot be placed with either parent within a reasonable	706
time or should not be placed with either parent:	707

(1) Following the placement of the child outside the child's	708
home and notwithstanding reasonable case planning and diligent	709
efforts by the agency to assist the parents to remedy the problems	710
that initially caused the child to be placed outside the home, the	711
parent has failed continuously and repeatedly to substantially	712
remedy the conditions causing the child to be placed outside the	713
child's home. In determining whether the parents have	714
substantially remedied those conditions, the court shall consider	715
parental utilization of medical, psychiatric, psychological, and	716
other social and rehabilitative services and material resources	717
that were made available to the parents for the purpose of	718
changing parental conduct to allow them to resume and maintain	719
parental duties.	720

(2) Chronic mental illness, chronic emotional illness, mental	721
retardation, physical disability, or chemical dependency of the	722
parent that is so severe that it makes the parent unable to	723
provide an adequate permanent home for the child at the present	724
time and, as anticipated, within one year after the court holds	725
the hearing pursuant to division (A) of this section or for the	726
purposes of division (A)(4) of section 2151.353 of the Revised	727
Code;	728

(3) The parent committed any abuse as described in section	729
2151.031 of the Revised Code against the child, caused the child	730
to suffer any neglect as described in section 2151.03 of the	731
Revised Code, or allowed the child to suffer any neglect as	732
described in section 2151.03 of the Revised Code between the date	733
that the original complaint alleging abuse or neglect was filed	734
and the date of the filing of the motion for permanent custody;	735

(4) The parent has demonstrated a lack of commitment toward	736
the child by failing to regularly support, visit, or communicate	737
with the child when able to do so, or by other actions showing an	738
unwillingness to provide an adequate permanent home for the child;	739

(5) The parent is incarcerated for an offense committed	740
against the child or a sibling of the child;	741

(6) The parent has been convicted of or pleaded guilty to an	742
offense under division (A) or (C) of section 2919.22 or under	743
section 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.03,	744
2905.04, 2905.05, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	745
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	746
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.24,	747
2919.25, 2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the	748
Revised Code and the child or a sibling of the child was a victim	749
of the offense or the parent has been convicted of or pleaded	750
guilty to an offense under section 2903.04 of the Revised Code, a	751
sibling of the child was the victim of the offense, and the parent	752
who committed the offense poses an ongoing danger to the child or	753
a sibling of the child.	754

(7) The parent has been convicted of or pleaded guilty to one	755
of the following:	756

(a) An offense under section 2903.01, 2903.02, or 2903.03 of	757
the Revised Code or under an existing or former law of this state,	758
any other state, or the United States that is substantially	759
equivalent to an offense described in those sections and the	760
victim of the offense was a sibling of the child or the victim was	761
another child who lived in the parent's household at the time of	762
the offense;	763

(b) An offense under section 2903.11, 2903.12, or 2903.13 of	764
the Revised Code or under an existing or former law of this state,	765
any other state, or the United States that is substantially	766
equivalent to an offense described in those sections and the	767
victim of the offense is the child, a sibling of the child, or	768
another child who lived in the parent's household at the time of	769
the offense;	770

(c) An offense under division (B)(2) of section 2919.22 of	771
the Revised Code or under an existing or former law of this state,	772
any other state, or the United States that is substantially	773
equivalent to the offense described in that section and the child,	774
a sibling of the child, or another child who lived in the parent's	775
household at the time of the offense is the victim of the offense;	776

(d) An offense under section 2907.02, 2907.03, 2907.04,	777
2907.05, or 2907.06 of the Revised Code or under an existing or	778
former law of this state, any other state, or the United States	779
that is substantially equivalent to an offense described in those	780
sections and the victim of the offense is the child, a sibling of	781
the child, or another child who lived in the parent's household at	782
the time of the offense;	783

(e) A conspiracy or attempt to commit, or complicity in	784
committing, an offense described in division (E)(7)(a) or (d) of	785
this section.	786

(8) The parent has repeatedly withheld medical treatment or	787
food from the child when the parent has the means to provide the	788
treatment or food, and, in the case of withheld medical treatment,	789
the parent withheld it for a purpose other than to treat the	790
physical or mental illness or defect of the child by spiritual	791
means through prayer alone in accordance with the tenets of a	792
recognized religious body.	793

(9) The parent has placed the child at substantial risk of	794
harm two or more times due to alcohol or drug abuse and has	795
rejected treatment two or more times or refused to participate in	796
further treatment two or more times after a case plan issued	797
pursuant to section 2151.412 of the Revised Code requiring	798
treatment of the parent was journalized as part of a dispositional	799
order issued with respect to the child or an order was issued by	800
any other court requiring treatment of the parent.	801

(10) The parent has abandoned the child.

802

(11) The parent has had parental rights involuntarily	803
terminated with respect to a sibling of the child pursuant to this	804
section or section 2151.353 or 2151.415 of the Revised Code, or	805
under an existing or former law of this state, any other state, or	806
the United States that is substantially equivalent to those	807
sections, and the parent has failed to provide clear and	808
convincing evidence to prove that, notwithstanding the prior	809
termination, the parent can provide a legally secure permanent	810
placement and adequate care for the health, welfare, and safety of	811
the child.	812

(12) The parent is incarcerated at the time of the filing of	813
the motion for permanent custody or the dispositional hearing of	814
the child and will not be available to care for the child for at	815
least eighteen months after the filing of the motion for permanent	816
custody or the dispositional hearing.	817

(13) The parent is repeatedly incarcerated, and the repeated	818
incarceration prevents the parent from providing care for the	819
child.	820

(14) The parent for any reason is unwilling to provide food,	821
clothing, shelter, and other basic necessities for the child or to	822
prevent the child from suffering physical, emotional, or sexual	823
abuse or physical, emotional, or mental neglect.	824

(15) The parent has committed abuse as described in section	825
2151.031 of the Revised Code against the child or caused or	826
allowed the child to suffer neglect as described in section	827
2151.03 of the Revised Code, and the court determines that the	828
seriousness, nature, or likelihood of recurrence of the abuse or	829
neglect makes the child's placement with the child's parent a	830
threat to the child's safety.	831

(16) Any other factor the court considers relevant.

832

(F) The parents of a child for whom the court has issued an	833
order granting permanent custody pursuant to this section, upon	834
the issuance of the order, cease to be parties to the action. This	835
division is not intended to eliminate or restrict any right of the	836
parents to appeal the granting of permanent custody of their child	837
to a movant pursuant to this section.	838

Sec. 2151.415.  (A) Except for cases in which a motion for	839
permanent custody described in division (D)(1) of section 2151.413	840
of the Revised Code is required to be made, a public children	841
services agency or private child placing agency that has been	842
given temporary custody of a child pursuant to section 2151.353 of	843
the Revised Code, not later than thirty days prior to the earlier	844
of the date for the termination of the custody order pursuant to	845
division (G)(H) of section 2151.353 of the Revised Code or the	846
date set at the dispositional hearing for the hearing to be held	847
pursuant to this section, shall file a motion with the court that	848
issued the order of disposition requesting that any of the	849
following orders of disposition of the child be issued by the	850
court:	851

(1) An order that the child be returned home and the custody	852
of the child's parents, guardian, or custodian without any	853
restrictions;	854

(2) An order for protective supervision;

855

(3) An order that the child be placed in the legal custody of	856
a relative or other interested individual;	857

(4) An order permanently terminating the parental rights of	858
the child's parents;	859

(5) An order that the child be placed in a planned permanent	860
living arrangement;	861

(6) In accordance with division (D) of this section, an order	862
for the extension of temporary custody.	863

(B) Upon the filing of a motion pursuant to division (A) of	864
this section, the court shall hold a dispositional hearing on the	865
date set at the dispositional hearing held pursuant to section	866
2151.35 of the Revised Code, with notice to all parties to the	867
action in accordance with the Juvenile Rules. After the	868
dispositional hearing or at a date after the dispositional hearing	869
that is not later than one year after the earlier of the date on	870
which the complaint in the case was filed or the child was first	871
placed into shelter care, the court, in accordance with the best	872
interest of the child as supported by the evidence presented at	873
the dispositional hearing, shall issue an order of disposition as	874
set forth in division (A) of this section, except that all orders	875
for permanent custody shall be made in accordance with sections	876
2151.413 and 2151.414 of the Revised Code. In issuing an order of	877
disposition under this section, the court shall comply with	878
section 2151.42 of the Revised Code.	879

(C)(1) If an agency pursuant to division (A) of this section	880
requests the court to place a child into a planned permanent	881
living arrangement, the agency shall present evidence to indicate	882
why a planned permanent living arrangement is appropriate for the	883
child, including, but not limited to, evidence that the agency has	884
tried or considered all other possible dispositions for the child.	885
A court shall not place a child in a planned permanent living	886
arrangement, unless it finds, by clear and convincing evidence,	887
that a planned permanent living arrangement is in the best	888
interest of the child and that one of the following exists:	889

(a) The child, because of physical, mental, or psychological	890
problems or needs, is unable to function in a family-like setting	891
and must remain in residential or institutional care.	892

(b) The parents of the child have significant physical,	893
mental, or psychological problems and are unable to care for the	894
child because of those problems, adoption is not in the best	895
interest of the child, as determined in accordance with division	896
(D)(1) of section 2151.414 of the Revised Code, and the child	897
retains a significant and positive relationship with a parent or	898
relative;	899

(c) The child is sixteen years of age or older, has been	900
counseled on the permanent placement options available, is	901
unwilling to accept or unable to adapt to a permanent placement,	902
and is in an agency program preparing for independent living.	903

(2) If the court issues an order placing a child in a planned	904
permanent living arrangement, both of the following apply:	905

(a) The court shall issue a finding of fact setting forth the	906
reasons for its finding;	907

(b) The agency may make any appropriate placement for the	908
child and shall develop a case plan for the child that is designed	909
to assist the child in finding a permanent home outside of the	910
home of the parents.	911

(D)(1) If an agency pursuant to division (A) of this section	912
requests the court to grant an extension of temporary custody for	913
a period of up to six months, the agency shall include in the	914
motion an explanation of the progress on the case plan of the	915
child and of its expectations of reunifying the child with the	916
child's family, or placing the child in a permanent placement,	917
within the extension period. The court shall schedule a hearing on	918
the motion, give notice of its date, time, and location to all	919
parties and the guardian ad litem of the child, and at the hearing	920
consider the evidence presented by the parties and the guardian ad	921
litem. The court may extend the temporary custody order of the	922
child for a period of up to six months, if it determines at the	923
hearing, by clear and convincing evidence, that the extension is	924
in the best interest of the child, there has been significant	925
progress on the case plan of the child, and there is reasonable	926
cause to believe that the child will be reunified with one of the	927
parents or otherwise permanently placed within the period of	928
extension. In determining whether to extend the temporary custody	929
of the child pursuant to this division, the court shall comply	930
with section 2151.42 of the Revised Code. If the court extends the	931
temporary custody of the child pursuant to this division, upon	932
request it shall issue findings of fact.	933

(2) Prior to the end of the extension granted pursuant to	934
division (D)(1) of this section, the agency that received the	935
extension shall file a motion with the court requesting the	936
issuance of one of the orders of disposition set forth in	937
divisions (A)(1) to (5) of this section or requesting the court to	938
extend the temporary custody order of the child for an additional	939
period of up to six months. If the agency requests the issuance of	940
an order of disposition under divisions (A)(1) to (5) of this	941
section or does not file any motion prior to the expiration of the	942
extension period, the court shall conduct a hearing in accordance	943
with division (B) of this section and issue an appropriate order	944
of disposition. In issuing an order of disposition, the court	945
shall comply with section 2151.42 of the Revised Code.	946

If the agency requests an additional extension of up to six	947
months of the temporary custody order of the child, the court	948
shall schedule and conduct a hearing in the manner set forth in	949
division (D)(1) of this section. The court may extend the	950
temporary custody order of the child for an additional period of	951
up to six months if it determines at the hearing, by clear and	952
convincing evidence, that the additional extension is in the best	953
interest of the child, there has been substantial additional	954
progress since the original extension of temporary custody in the	955
case plan of the child, there has been substantial additional	956
progress since the original extension of temporary custody toward	957
reunifying the child with one of the parents or otherwise	958
permanently placing the child, and there is reasonable cause to	959
believe that the child will be reunified with one of the parents	960
or otherwise placed in a permanent setting before the expiration	961
of the additional extension period. In determining whether to	962
grant an additional extension, the court shall comply with section	963
2151.42 of the Revised Code. If the court extends the temporary	964
custody of the child for an additional period pursuant to this	965
division, upon request it shall issue findings of fact.	966

(3) Prior to the end of the extension of a temporary custody	967
order granted pursuant to division (D)(2) of this section, the	968
agency that received the extension shall file a motion with the	969
court requesting the issuance of one of the orders of disposition	970
set forth in divisions (A)(1) to (5) of this section. Upon the	971
filing of the motion by the agency or, if the agency does not file	972
the motion prior to the expiration of the extension period, upon	973
its own motion, the court, prior to the expiration of the	974
extension period, shall conduct a hearing in accordance with	975
division (B) of this section and issue an appropriate order of	976
disposition. In issuing an order of disposition, the court shall	977
comply with section 2151.42 of the Revised Code.	978

(4) No court shall grant an agency more than two extensions	979
of temporary custody pursuant to division (D) of this section and	980
the court shall not order an existing temporary custody order to	981
continue beyond two years after the date on which the complaint	982
was filed or the child was first placed into shelter care,	983
whichever date is earlier, regardless of whether any extensions	984
have been previously ordered pursuant to division (D) of this	985
section.	986

(E) After the issuance of an order pursuant to division (B)	987
of this section, the court shall retain jurisdiction over the	988
child until the child attains the age of eighteen if the child is	989
not mentally retarded, developmentally disabled, or physically	990
impaired, the child attains the age of twenty-one if the child is	991
mentally retarded, developmentally disabled, or physically	992
impaired, or the child is adopted and a final decree of adoption	993
is issued, unless the court's jurisdiction over the child is	994
extended pursuant to division (E)(F) of section 2151.353 of the	995
Revised Code.	996

(F) The court, on its own motion or the motion of the agency	997
or person with legal custody of the child, the child's guardian ad	998
litem, or any other party to the action, may conduct a hearing	999
with notice to all parties to determine whether any order issued	1000
pursuant to this section should be modified or terminated or	1001
whether any other dispositional order set forth in divisions	1002
(A)(1) to (5) of this section should be issued. After the hearing	1003
and consideration of all the evidence presented, the court, in	1004
accordance with the best interest of the child, may modify or	1005
terminate any order issued pursuant to this section or issue any	1006
dispositional order set forth in divisions (A)(1) to (5) of this	1007
section. In rendering a decision under this division, the court	1008
shall comply with section 2151.42 of the Revised Code.	1009

(G) If the court places a child in a planned permanent living	1010
arrangement with a public children services agency or a private	1011
child placing agency pursuant to this section, the agency with	1012
which the child is placed in a planned permanent living	1013
arrangement shall not remove the child from the residential	1014
placement in which the child is originally placed pursuant to the	1015
case plan for the child or in which the child is placed with court	1016
approval pursuant to this division, unless the court and the	1017
guardian ad litem are given notice of the intended removal and the	1018
court issues an order approving the removal or unless the removal	1019
is necessary to protect the child from physical or emotional harm	1020
and the agency gives the court notice of the removal and of the	1021
reasons why the removal is necessary to protect the child from	1022
physical or emotional harm immediately after the removal of the	1023
child from the prior setting.	1024

(H) If the hearing held under this section takes the place of	1025
an administrative review that otherwise would have been held under	1026
section 2151.416 of the Revised Code, the court at the hearing	1027
held under this section shall do all of the following in addition	1028
to any other requirements of this section:	1029

(1) Determine the continued necessity for and the	1030
appropriateness of the child's placement;	1031

(2) Determine the extent of compliance with the child's case	1032
plan;	1033

(3) Determine the extent of progress that has been made	1034
toward alleviating or mitigating the causes necessitating the	1035
child's placement in foster care;	1036

(4) Project a likely date by which the child may be returned	1037
to the child's home or placed for adoption or legal guardianship;	1038

(5) Approve the permanency plan for the child consistent with	1039
section 2151.417 of the Revised Code.	1040

Sec. 2151.417.  (A) Any court that issues a dispositional	1041
order pursuant to section 2151.353, 2151.414, or 2151.415 of the	1042
Revised Code may review at any time the child's placement or	1043
custody arrangement, the case plan prepared for the child pursuant	1044
to section 2151.412 of the Revised Code, the actions of the public	1045
children services agency or private child placing agency in	1046
implementing that case plan, the child's permanency plan if the	1047
child's permanency plan has been approved, and any other aspects	1048
of the child's placement or custody arrangement. In conducting the	1049
review, the court shall determine the appropriateness of any	1050
agency actions, the safety and appropriateness of continuing the	1051
child's placement or custody arrangement, and whether any changes	1052
should be made with respect to the child's permanency plan or	1053
placement or custody arrangement or with respect to the actions of	1054
the agency under the child's placement or custody arrangement.	1055
Based upon the evidence presented at a hearing held after notice	1056
to all parties and the guardian ad litem of the child, the court	1057
may require the agency, the parents, guardian, or custodian of the	1058
child, and the physical custodians of the child to take any	1059
reasonable action that the court determines is necessary and in	1060
the best interest of the child or to discontinue any action that	1061
it determines is not in the best interest of the child.	1062

(B) If a court issues a dispositional order pursuant to	1063
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the	1064
court has continuing jurisdiction over the child as set forth in	1065
division (E)(F)(1) of section 2151.353 of the Revised Code. The	1066
court may amend a dispositional order in accordance with division	1067
(E)(F)(2) of section 2151.353 of the Revised Code at any time upon	1068
its own motion or upon the motion of any interested party. The	1069
court shall comply with section 2151.42 of the Revised Code in	1070
amending any dispositional order pursuant to this division.	1071

(C) Any court that issues a dispositional order pursuant to	1072
section 2151.353, 2151.414, or 2151.415 of the Revised Code shall	1073
hold a review hearing one year after the earlier of the date on	1074
which the complaint in the case was filed or the child was first	1075
placed into shelter care to review the case plan prepared pursuant	1076
to section 2151.412 of the Revised Code and the child's placement	1077
or custody arrangement, to approve or review the permanency plan	1078
for the child, and to make changes to the case plan and placement	1079
or custody arrangement consistent with the permanency plan. The	1080
court shall schedule the review hearing at the time that it holds	1081
the dispositional hearing pursuant to section 2151.35 of the	1082
Revised Code.	1083

The court shall hold a similar review hearing no later than	1084
every twelve months after the initial review hearing until the	1085
child is adopted, returned to the parents, or the court otherwise	1086
terminates the child's placement or custody arrangement, except	1087
that the dispositional hearing held pursuant to section 2151.415	1088
of the Revised Code shall take the place of the first review	1089
hearing to be held under this section. The court shall schedule	1090
each subsequent review hearing at the conclusion of the review	1091
hearing immediately preceding the review hearing to be scheduled.	1092

(D) If, within fourteen days after a written summary of an	1093
administrative review is filed with the court pursuant to section	1094
2151.416 of the Revised Code, the court does not approve the	1095
proposed change to the case plan filed pursuant to division (E) of	1096
section 2151.416 of the Revised Code or a party or the guardian ad	1097
litem requests a review hearing pursuant to division (E) of that	1098
section, the court shall hold a review hearing in the same manner	1099
that it holds review hearings pursuant to division (C) of this	1100
section, except that if a review hearing is required by this	1101
division and if a hearing is to be held pursuant to division (C)	1102
of this section or section 2151.415 of the Revised Code, the	1103
hearing held pursuant to division (C) of this section or section	1104
2151.415 of the Revised Code shall take the place of the review	1105
hearing required by this division.	1106

(E) If a court determines pursuant to section 2151.419 of the	1107
Revised Code that a public children services agency or private	1108
child placing agency is not required to make reasonable efforts to	1109
prevent the removal of a child from the child's home, eliminate	1110
the continued removal of a child from the child's home, and return	1111
the child to the child's home, and the court does not return the	1112
child to the child's home pursuant to division (A)(3) of section	1113
2151.419 of the Revised Code, the court shall hold a review	1114
hearing to approve the permanency plan for the child and, if	1115
appropriate, to make changes to the child's case plan and the	1116
child's placement or custody arrangement consistent with the	1117
permanency plan. The court may hold the hearing immediately	1118
following the determination under section 2151.419 of the Revised	1119
Code and shall hold it no later than thirty days after making that	1120
determination.	1121

(F) The court shall give notice of the review hearings held	1122
pursuant to this section to every interested party, including, but	1123
not limited to, the appropriate agency employees who are	1124
responsible for the child's care and planning, the child's	1125
parents, any person who had guardianship or legal custody of the	1126
child prior to the custody order, the child's guardian ad litem,	1127
and the child. The court shall summon every interested party to	1128
appear at the review hearing and give them an opportunity to	1129
testify and to present other evidence with respect to the child's	1130
custody arrangement, including, but not limited to, the following:	1131
the case plan for the child,; the permanency plan, if one exists;	1132
the actions taken by the child's custodian; the need for a change	1133
in the child's custodian or caseworker; and the need for any	1134
specific action to be taken with respect to the child. The court	1135
shall require any interested party to testify or present other	1136
evidence when necessary to a proper determination of the issues	1137
presented at the review hearing. In any review hearing that	1138
pertains to a permanency plan for a child who will not be returned	1139
to the parent, the court shall consider in-state and out-of-state	1140
placement options and the court shall determine whether the	1141
in-state or the out-of-state placement continues to be appropriate	1142
and in the best interests of the child. In any review hearing that	1143
pertains to a permanency plan for a child, the court or a citizens	1144
board appointed by the court pursuant to division (H) of this	1145
section shall consult with the child, in an age-appropriate	1146
manner, regarding the proposed permanency plan for the child.	1147

(G) After the review hearing, the court shall take the	1148
following actions based upon the evidence presented:	1149

(1) If an administrative review has been conducted, determine	1150
whether the conclusions of the review are supported by a	1151
preponderance of the evidence and approve or modify the case plan	1152
based upon that evidence;	1153

(2) If the hearing was held under division (C) or (E) of this	1154
section, approve a permanency plan for the child that specifies	1155
whether and, if applicable, when the child will be safely returned	1156
home or placed for adoption, for legal custody, or in a planned	1157
permanent living arrangement. A permanency plan approved after a	1158
hearing under division (E) of this section shall not include any	1159
provision requiring the child to be returned to the child's home.	1160

(3) If the child is in temporary custody, do all of the	1161
following:	1162

(a) Determine whether the child can and should be returned	1163
home with or without an order for protective supervision;	1164

(b) If the child can and should be returned home with or	1165
without an order for protective supervision, terminate the order	1166
for temporary custody;	1167

(c) If the child cannot or should not be returned home with	1168
an order for protective supervision, determine whether the agency	1169
currently with custody of the child should retain custody or	1170
whether another public children services agency, private child	1171
placing agency, or an individual should be given custody of the	1172
child.	1173

The court shall comply with section 2151.42 of the Revised	1174
Code in taking any action under this division.	1175

(4) If the child is in permanent custody, determine what	1176
actions are required by the custodial agency and of any other	1177
organizations or persons in order to facilitate an adoption of the	1178
child and make any appropriate orders with respect to the custody	1179
arrangement or conditions of the child, including, but not limited	1180
to, a transfer of permanent custody to another public children	1181
services agency or private child placing agency;	1182

(5) Journalize the terms of the updated case plan for the	1183
child.	1184

(H) The court may appoint a referee or a citizens review	1185
board to conduct the review hearings that the court is required by	1186
this section to conduct, subject to the review and approval by the	1187
court of any determinations made by the referee or citizens review	1188
board. If the court appoints a citizens review board to conduct	1189
the review hearings, the board shall consist of one member	1190
representing the general public and four members who are trained	1191
or experienced in the care or placement of children and have	1192
training or experience in the fields of medicine, psychology,	1193
social work, education, or any related field. Of the initial	1194
appointments to the board, two shall be for a term of one year,	1195
two shall be for a term of two years, and one shall be for a term	1196
of three years, with all the terms ending one year after the date	1197
on which the appointment was made. Thereafter, all terms of the	1198
board members shall be for three years and shall end on the same	1199
day of the same month of the year as did the term that they	1200
succeed. Any member appointed to fill a vacancy occurring prior to	1201
the expiration of the term for which the member's predecessor was	1202
appointed shall hold office for the remainder of the term.	1203

(I) A copy of the court's determination following any review	1204
hearing held pursuant to this section shall be sent to the	1205
custodial agency, the guardian ad litem of the child who is the	1206
subject of the review hearing, and, if that child is not the	1207
subject of a permanent commitment hearing, the parents of the	1208
child.	1209

(J) If the hearing held under this section takes the place of	1210
an administrative review that otherwise would have been held under	1211
section 2151.416 of the Revised Code, the court at the hearing	1212
held under this section shall do all of the following in addition	1213
to any other requirements of this section:	1214

(1) Determine the continued necessity for and the safety and	1215
appropriateness of the child's placement;	1216

(2) Determine the extent of compliance with the child's case	1217
plan;	1218

(3) Determine the extent of progress that has been made	1219
toward alleviating or mitigating the causes necessitating the	1220
child's placement in foster care;	1221

(4) Project a likely date by which the child may be safely	1222
returned home or placed for adoption or legal custody.	1223

(K)(1) Whenever the court is required to approve a permanency	1224
plan under this section or section 2151.415 of the Revised Code,	1225
the public children services agency or private child placing	1226
agency that filed the complaint in the case, has custody of the	1227
child, or will be given custody of the child shall develop a	1228
permanency plan for the child. The agency must file the plan with	1229
the court prior to the hearing under this section or section	1230
2151.415 of the Revised Code.	1231

(2) The permanency plan developed by the agency must specify	1232
whether and, if applicable, when the child will be safely returned	1233
home or placed for adoption or legal custody. If the agency	1234
determines that there is a compelling reason why returning the	1235
child home or placing the child for adoption or legal custody is	1236
not in the best interest of the child, the plan shall provide that	1237
the child will be placed in a planned permanent living	1238
arrangement. A permanency plan developed as a result of a	1239
determination made under division (A)(2) of section 2151.419 of	1240
the Revised Code may not include any provision requiring the child	1241
to be returned home.	1242

Sec. 2151.421.  (A)(1)(a) No person described in division	1243
(A)(1)(b) of this section who is acting in an official or	1244
professional capacity and knows, or has reasonable cause to	1245
suspect based on facts that would cause a reasonable person in a	1246
similar position to suspect, that a child under eighteen years of	1247
age or a mentally retarded, developmentally disabled, or	1248
physically impaired child under twenty-one years of age has	1249
suffered or faces a threat of suffering any physical or mental	1250
wound, injury, disability, or condition of a nature that	1251
reasonably indicates abuse or neglect of the child shall fail to	1252
immediately report that knowledge or reasonable cause to suspect	1253
to the entity or persons specified in this division. Except as	1254
provided in section 5120.173 of the Revised Code, the person	1255
making the report shall make it to the public children services	1256
agency or a municipal or county peace officer in the county in	1257
which the child resides or in which the abuse or neglect is	1258
occurring or has occurred. In the circumstances described in	1259
section 5120.173 of the Revised Code, the person making the report	1260
shall make it to the entity specified in that section.	1261

(b) Division (A)(1)(a) of this section applies to any person	1262
who is an attorney; physician, including a hospital intern or	1263
resident; dentist; podiatrist; practitioner of a limited branch of	1264
medicine as specified in section 4731.15 of the Revised Code;	1265
registered nurse; licensed practical nurse; visiting nurse; other	1266
health care professional; licensed psychologist; licensed school	1267
psychologist; independent marriage and family therapist or	1268
marriage and family therapist; speech pathologist or audiologist;	1269
coroner; administrator or employee of a child day-care center;	1270
administrator or employee of a residential camp or child day camp;	1271
administrator or employee of a certified child care agency or	1272
other public or private children services agency; school teacher;	1273
school employee; school authority; person engaged in social work	1274
or the practice of professional counseling; agent of a county	1275
humane society; person, other than a cleric, rendering spiritual	1276
treatment through prayer in accordance with the tenets of a	1277
well-recognized religion; employee of a county department of job	1278
and family services who is a professional and who works with	1279
children and families; superintendent, board member, or employee	1280
of a county board of developmental disabilities; investigative	1281
agent contracted with by a county board of developmental	1282
disabilities; employee of the department of developmental	1283
disabilities; employee of a facility or home that provides respite	1284
care in accordance with section 5123.171 of the Revised Code;	1285
employee of a home health agency; employee of an entity that	1286
provides homemaker services; a person performing the duties of an	1287
assessor pursuant to Chapter 3107. or 5103. of the Revised Code;	1288
or third party employed by a public children services agency to	1289
assist in providing child or family related services; court	1290
appointed special advocate; or guardian ad litem.	1291

(2) Except as provided in division (A)(3) of this section, an	1292
attorney or a physician is not required to make a report pursuant	1293
to division (A)(1) of this section concerning any communication	1294
the attorney or physician receives from a client or patient in an	1295
attorney-client or physician-patient relationship, if, in	1296
accordance with division (A) or (B) of section 2317.02 of the	1297
Revised Code, the attorney or physician could not testify with	1298
respect to that communication in a civil or criminal proceeding.	1299

(3) The client or patient in an attorney-client or	1300
physician-patient relationship described in division (A)(2) of	1301
this section is deemed to have waived any testimonial privilege	1302
under division (A) or (B) of section 2317.02 of the Revised Code	1303
with respect to any communication the attorney or physician	1304
receives from the client or patient in that attorney-client or	1305
physician-patient relationship, and the attorney or physician	1306
shall make a report pursuant to division (A)(1) of this section	1307
with respect to that communication, if all of the following apply:	1308

(a) The client or patient, at the time of the communication,	1309
is either a child under eighteen years of age or a mentally	1310
retarded, developmentally disabled, or physically impaired person	1311
under twenty-one years of age.	1312

(b) The attorney or physician knows, or has reasonable cause	1313
to suspect based on facts that would cause a reasonable person in	1314
similar position to suspect, as a result of the communication or	1315
any observations made during that communication, that the client	1316
or patient has suffered or faces a threat of suffering any	1317
physical or mental wound, injury, disability, or condition of a	1318
nature that reasonably indicates abuse or neglect of the client or	1319
patient.	1320

(c) The abuse or neglect does not arise out of the client's	1321
or patient's attempt to have an abortion without the notification	1322
of her parents, guardian, or custodian in accordance with section	1323
2151.85 of the Revised Code.	1324

(4)(a) No cleric and no person, other than a volunteer,	1325
designated by any church, religious society, or faith acting as a	1326
leader, official, or delegate on behalf of the church, religious	1327
society, or faith who is acting in an official or professional	1328
capacity, who knows, or has reasonable cause to believe based on	1329
facts that would cause a reasonable person in a similar position	1330
to believe, that a child under eighteen years of age or a mentally	1331
retarded, developmentally disabled, or physically impaired child	1332
under twenty-one years of age has suffered or faces a threat of	1333
suffering any physical or mental wound, injury, disability, or	1334
condition of a nature that reasonably indicates abuse or neglect	1335
of the child, and who knows, or has reasonable cause to believe	1336
based on facts that would cause a reasonable person in a similar	1337
position to believe, that another cleric or another person, other	1338
than a volunteer, designated by a church, religious society, or	1339
faith acting as a leader, official, or delegate on behalf of the	1340
church, religious society, or faith caused, or poses the threat of	1341
causing, the wound, injury, disability, or condition that	1342
reasonably indicates abuse or neglect shall fail to immediately	1343
report that knowledge or reasonable cause to believe to the entity	1344
or persons specified in this division. Except as provided in	1345
section 5120.173 of the Revised Code, the person making the report	1346
shall make it to the public children services agency or a	1347
municipal or county peace officer in the county in which the child	1348
resides or in which the abuse or neglect is occurring or has	1349
occurred. In the circumstances described in section 5120.173 of	1350
the Revised Code, the person making the report shall make it to	1351
the entity specified in that section.	1352

(b) Except as provided in division (A)(4)(c) of this section,	1353
a cleric is not required to make a report pursuant to division	1354
(A)(4)(a) of this section concerning any communication the cleric	1355
receives from a penitent in a cleric-penitent relationship, if, in	1356
accordance with division (C) of section 2317.02 of the Revised	1357
Code, the cleric could not testify with respect to that	1358
communication in a civil or criminal proceeding.	1359

(c) The penitent in a cleric-penitent relationship described	1360
in division (A)(4)(b) of this section is deemed to have waived any	1361
testimonial privilege under division (C) of section 2317.02 of the	1362
Revised Code with respect to any communication the cleric receives	1363
from the penitent in that cleric-penitent relationship, and the	1364
cleric shall make a report pursuant to division (A)(4)(a) of this	1365
section with respect to that communication, if all of the	1366
following apply:	1367

(i) The penitent, at the time of the communication, is either	1368
a child under eighteen years of age or a mentally retarded,	1369
developmentally disabled, or physically impaired person under	1370
twenty-one years of age.	1371

(ii) The cleric knows, or has reasonable cause to believe	1372
based on facts that would cause a reasonable person in a similar	1373
position to believe, as a result of the communication or any	1374
observations made during that communication, the penitent has	1375
suffered or faces a threat of suffering any physical or mental	1376
wound, injury, disability, or condition of a nature that	1377
reasonably indicates abuse or neglect of the penitent.	1378

(iii) The abuse or neglect does not arise out of the	1379
penitent's attempt to have an abortion performed upon a child	1380
under eighteen years of age or upon a mentally retarded,	1381
developmentally disabled, or physically impaired person under	1382
twenty-one years of age without the notification of her parents,	1383
guardian, or custodian in accordance with section 2151.85 of the	1384
Revised Code.	1385

(d) Divisions (A)(4)(a) and (c) of this section do not apply	1386
in a cleric-penitent relationship when the disclosure of any	1387
communication the cleric receives from the penitent is in	1388
violation of the sacred trust.	1389

(e) As used in divisions (A)(1) and (4) of this section,	1390
"cleric" and "sacred trust" have the same meanings as in section	1391
2317.02 of the Revised Code.	1392

(B) Anyone who knows, or has reasonable cause to suspect	1393
based on facts that would cause a reasonable person in similar	1394
circumstances to suspect, that a child under eighteen years of age	1395
or a mentally retarded, developmentally disabled, or physically	1396
impaired person under twenty-one years of age has suffered or	1397
faces a threat of suffering any physical or mental wound, injury,	1398
disability, or other condition of a nature that reasonably	1399
indicates abuse or neglect of the child may report or cause	1400
reports to be made of that knowledge or reasonable cause to	1401
suspect to the entity or persons specified in this division.	1402
Except as provided in section 5120.173 of the Revised Code, a	1403
person making a report or causing a report to be made under this	1404
division shall make it or cause it to be made to the public	1405
children services agency or to a municipal or county peace	1406
officer. In the circumstances described in section 5120.173 of the	1407
Revised Code, a person making a report or causing a report to be	1408
made under this division shall make it or cause it to be made to	1409
the entity specified in that section.	1410

(C) Any report made pursuant to division (A) or (B) of this	1411
section shall be made forthwith either by telephone or in person	1412
and shall be followed by a written report, if requested by the	1413
receiving agency or officer. The written report shall contain:	1414

(1) The names and addresses of the child and the child's	1415
parents or the person or persons having custody of the child, if	1416
known;	1417

(2) The child's age and the nature and extent of the child's	1418
injuries, abuse, or neglect that is known or reasonably suspected	1419
or believed, as applicable, to have occurred or of the threat of	1420
injury, abuse, or neglect that is known or reasonably suspected or	1421
believed, as applicable, to exist, including any evidence of	1422
previous injuries, abuse, or neglect;	1423

(3) Any other information that might be helpful in	1424
establishing the cause of the injury, abuse, or neglect that is	1425
known or reasonably suspected or believed, as applicable, to have	1426
occurred or of the threat of injury, abuse, or neglect that is	1427
known or reasonably suspected or believed, as applicable, to	1428
exist.	1429

Any person, who is required by division (A) of this section	1430
to report child abuse or child neglect that is known or reasonably	1431
suspected or believed to have occurred, may take or cause to be	1432
taken color photographs of areas of trauma visible on a child and,	1433
if medically indicated, cause to be performed radiological	1434
examinations of the child.	1435

(D) As used in this division, "children's advocacy center"	1436
and "sexual abuse of a child" have the same meanings as in section	1437
2151.425 of the Revised Code.	1438

(1) When a municipal or county peace officer receives a	1439
report concerning the possible abuse or neglect of a child or the	1440
possible threat of abuse or neglect of a child, upon receipt of	1441
the report, the municipal or county peace officer who receives the	1442
report shall refer the report to the appropriate public children	1443
services agency.	1444

(2) When a public children services agency receives a report	1445
pursuant to this division or division (A) or (B) of this section,	1446
upon receipt of the report, the public children services agency	1447
shall do both of the following:	1448

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

1449

(b) If the county served by the agency is also served by a	1450
children's advocacy center and the report alleges sexual abuse of	1451
a child or another type of abuse of a child that is specified in	1452
the memorandum of understanding that creates the center as being	1453
within the center's jurisdiction, comply regarding the report with	1454
the protocol and procedures for referrals and investigations, with	1455
the coordinating activities, and with the authority or	1456
responsibility for performing or providing functions, activities,	1457
and services stipulated in the interagency agreement entered into	1458
under section 2151.428 of the Revised Code relative to that	1459
center.	1460

(E) No township, municipal, or county peace officer shall	1461
remove a child about whom a report is made pursuant to this	1462
section from the child's parents, stepparents, or guardian or any	1463
other persons having custody of the child without consultation	1464
with the public children services agency, unless, in the judgment	1465
of the officer, and, if the report was made by physician, the	1466
physician, immediate removal is considered essential to protect	1467
the child from further abuse or neglect. The agency that must be	1468
consulted shall be the agency conducting the investigation of the	1469
report as determined pursuant to section 2151.422 of the Revised	1470
Code.	1471

(F)(1) Except as provided in section 2151.422 of the Revised	1472
Code or in an interagency agreement entered into under section	1473
2151.428 of the Revised Code that applies to the particular	1474
report, the public children services agency shall investigate,	1475
within twenty-four hours, each report of child abuse or child	1476
neglect that is known or reasonably suspected or believed to have	1477
occurred and of a threat of child abuse or child neglect that is	1478
known or reasonably suspected or believed to exist that is	1479
referred to it under this section to determine the circumstances	1480
surrounding the injuries, abuse, or neglect or the threat of	1481
injury, abuse, or neglect, the cause of the injuries, abuse,	1482
neglect, or threat, and the person or persons responsible. The	1483
investigation shall be made in cooperation with the law	1484
enforcement agency and in accordance with the memorandum of	1485
understanding prepared under division (J) of this section. A	1486
representative of the public children services agency shall, at	1487
the time of initial contact with the person subject to the	1488
investigation, inform the person of the specific complaints or	1489
allegations made against the person. The information shall be	1490
given in a manner that is consistent with division (H)(1) of this	1491
section and protects the rights of the person making the report	1492
under this section.	1493

A failure to make the investigation in accordance with the	1494
memorandum is not grounds for, and shall not result in, the	1495
dismissal of any charges or complaint arising from the report or	1496
the suppression of any evidence obtained as a result of the report	1497
and does not give, and shall not be construed as giving, any	1498
rights or any grounds for appeal or post-conviction relief to any	1499
person. The public children services agency shall report each case	1500
to the uniform statewide automated child welfare information	1501
system that the department of job and family services shall	1502
maintain in accordance with section 5101.13 of the Revised Code.	1503
The public children services agency shall submit a report of its	1504
investigation, in writing, to the law enforcement agency.	1505

(2) The public children services agency shall make any	1506
recommendations to the county prosecuting attorney or city	1507
director of law that it considers necessary to protect any	1508
children that are brought to its attention.	1509

(G)(1)(a) Except as provided in division (H)(3) of this	1510
section, anyone or any hospital, institution, school, health	1511
department, or agency participating in the making of reports under	1512
division (A) of this section, anyone or any hospital, institution,	1513
school, health department, or agency participating in good faith	1514
in the making of reports under division (B) of this section, and	1515
anyone participating in good faith in a judicial proceeding	1516
resulting from the reports, shall be immune from any civil or	1517
criminal liability for injury, death, or loss to person or	1518
property that otherwise might be incurred or imposed as a result	1519
of the making of the reports or the participation in the judicial	1520
proceeding.	1521

(b) Notwithstanding section 4731.22 of the Revised Code, the	1522
physician-patient privilege shall not be a ground for excluding	1523
evidence regarding a child's injuries, abuse, or neglect, or the	1524
cause of the injuries, abuse, or neglect in any judicial	1525
proceeding resulting from a report submitted pursuant to this	1526
section.	1527

(2) In any civil or criminal action or proceeding in which it	1528
is alleged and proved that participation in the making of a report	1529
under this section was not in good faith or participation in a	1530
judicial proceeding resulting from a report made under this	1531
section was not in good faith, the court shall award the	1532
prevailing party reasonable attorney's fees and costs and, if a	1533
civil action or proceeding is voluntarily dismissed, may award	1534
reasonable attorney's fees and costs to the party against whom the	1535
civil action or proceeding is brought.	1536

(H)(1) Except as provided in divisions (H)(4) and (N) of this	1537
section, a report made under this section is confidential. The	1538
information provided in a report made pursuant to this section and	1539
the name of the person who made the report shall not be released	1540
for use, and shall not be used, as evidence in any civil action or	1541
proceeding brought against the person who made the report. Nothing	1542
in this division shall preclude the use of reports of other	1543
incidents of known or suspected abuse or neglect in a civil action	1544
or proceeding brought pursuant to division (M) of this section	1545
against a person who is alleged to have violated division (A)(1)	1546
of this section, provided that any information in a report that	1547
would identify the child who is the subject of the report or the	1548
maker of the report, if the maker of the report is not the	1549
defendant or an agent or employee of the defendant, has been	1550
redacted. In a criminal proceeding, the report is admissible in	1551
evidence in accordance with the Rules of Evidence and is subject	1552
to discovery in accordance with the Rules of Criminal Procedure.	1553

(2) No person shall permit or encourage the unauthorized	1554
dissemination of the contents of any report made under this	1555
section.	1556

(3) A person who knowingly makes or causes another person to	1557
make a false report under division (B) of this section that	1558
alleges that any person has committed an act or omission that	1559
resulted in a child being an abused child or a neglected child is	1560
guilty of a violation of section 2921.14 of the Revised Code.	1561

(4) If a report is made pursuant to division (A) or (B) of	1562
this section and the child who is the subject of the report dies	1563
for any reason at any time after the report is made, but before	1564
the child attains eighteen years of age, the public children	1565
services agency or municipal or county peace officer to which the	1566
report was made or referred, on the request of the child fatality	1567
review board, shall submit a summary sheet of information	1568
providing a summary of the report to the review board of the	1569
county in which the deceased child resided at the time of death.	1570
On the request of the review board, the agency or peace officer	1571
may, at its discretion, make the report available to the review	1572
board. If the county served by the public children services agency	1573
is also served by a children's advocacy center and the report of	1574
alleged sexual abuse of a child or another type of abuse of a	1575
child is specified in the memorandum of understanding that creates	1576
the center as being within the center's jurisdiction, the agency	1577
or center shall perform the duties and functions specified in this	1578
division in accordance with the interagency agreement entered into	1579
under section 2151.428 of the Revised Code relative to that	1580
advocacy center.	1581

(5) A public children services agency shall advise a person	1582
alleged to have inflicted abuse or neglect on a child who is the	1583
subject of a report made pursuant to this section, including a	1584
report alleging sexual abuse of a child or another type of abuse	1585
of a child referred to a children's advocacy center pursuant to an	1586
interagency agreement entered into under section 2151.428 of the	1587
Revised Code, in writing of the disposition of the investigation.	1588
The agency shall not provide to the person any information that	1589
identifies the person who made the report, statements of	1590
witnesses, or police or other investigative reports.	1591

(I) Any report that is required by this section, other than a	1592
report that is made to the state highway patrol as described in	1593
section 5120.173 of the Revised Code, shall result in protective	1594
services and emergency supportive services being made available by	1595
the public children services agency on behalf of the children	1596
about whom the report is made, in an effort to prevent further	1597
neglect or abuse, to enhance their welfare, and, whenever	1598
possible, to preserve the family unit intact. The agency required	1599
to provide the services shall be the agency conducting the	1600
investigation of the report pursuant to section 2151.422 of the	1601
Revised Code.	1602

(J)(1) Each public children services agency shall prepare a	1603
memorandum of understanding that is signed by all of the	1604
following:	1605

(a) If there is only one juvenile judge in the county, the	1606
juvenile judge of the county or the juvenile judge's	1607
representative;	1608

(b) If there is more than one juvenile judge in the county, a	1609
juvenile judge or the juvenile judges' representative selected by	1610
the juvenile judges or, if they are unable to do so for any	1611
reason, the juvenile judge who is senior in point of service or	1612
the senior juvenile judge's representative;	1613

(c) The county peace officer;

1614

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

1615

(e) Other law enforcement officers handling child abuse and	1616
neglect cases in the county;	1617

(f) The prosecuting attorney of the county;

1618

(g) If the public children services agency is not the county	1619
department of job and family services, the county department of	1620
job and family services;	1621

(h) The county humane society;

1622

(i) If the public children services agency participated in	1623
the execution of a memorandum of understanding under section	1624
2151.426 of the Revised Code establishing a children's advocacy	1625
center, each participating member of the children's advocacy	1626
center established by the memorandum.	1627

(2) A memorandum of understanding shall set forth the normal	1628
operating procedure to be employed by all concerned officials in	1629
the execution of their respective responsibilities under this	1630
section and division (C) of section 2919.21, division (B)(1) of	1631
section 2919.22, division (B) of section 2919.23, and section	1632
2919.24 of the Revised Code and shall have as two of its primary	1633
goals the elimination of all unnecessary interviews of children	1634
who are the subject of reports made pursuant to division (A) or	1635
(B) of this section and, when feasible, providing for only one	1636
interview of a child who is the subject of any report made	1637
pursuant to division (A) or (B) of this section. A failure to	1638
follow the procedure set forth in the memorandum by the concerned	1639
officials is not grounds for, and shall not result in, the	1640
dismissal of any charges or complaint arising from any reported	1641
case of abuse or neglect or the suppression of any evidence	1642
obtained as a result of any reported child abuse or child neglect	1643
and does not give, and shall not be construed as giving, any	1644
rights or any grounds for appeal or post-conviction relief to any	1645
person.	1646

(3) A memorandum of understanding shall include all of the	1647
following:	1648

(a) The roles and responsibilities for handling emergency and	1649
nonemergency cases of abuse and neglect;	1650

(b) Standards and procedures to be used in handling and	1651
coordinating investigations of reported cases of child abuse and	1652
reported cases of child neglect, methods to be used in	1653
interviewing the child who is the subject of the report and who	1654
allegedly was abused or neglected, and standards and procedures	1655
addressing the categories of persons who may interview the child	1656
who is the subject of the report and who allegedly was abused or	1657
neglected.	1658

(4) If a public children services agency participated in the	1659
execution of a memorandum of understanding under section 2151.426	1660
of the Revised Code establishing a children's advocacy center, the	1661
agency shall incorporate the contents of that memorandum in the	1662
memorandum prepared pursuant to this section.	1663

(5) The clerk of the court of common pleas in the county may	1664
sign the memorandum of understanding prepared under division	1665
(J)(1) of this section. If the clerk signs the memorandum of	1666
understanding, the clerk shall execute all relevant	1667
responsibilities as required of officials specified in the	1668
memorandum.	1669

(K)(1) Except as provided in division (K)(4) of this section,	1670
a person who is required to make a report pursuant to division (A)	1671
of this section may make a reasonable number of requests of the	1672
public children services agency that receives or is referred the	1673
report, or of the children's advocacy center that is referred the	1674
report if the report is referred to a children's advocacy center	1675
pursuant to an interagency agreement entered into under section	1676
2151.428 of the Revised Code, to be provided with the following	1677
information:	1678

(a) Whether the agency or center has initiated an	1679
investigation of the report;	1680

(b) Whether the agency or center is continuing to investigate	1681
the report;	1682

(c) Whether the agency or center is otherwise involved with	1683
the child who is the subject of the report;	1684

(d) The general status of the health and safety of the child	1685
who is the subject of the report;	1686

(e) Whether the report has resulted in the filing of a	1687
complaint in juvenile court or of criminal charges in another	1688
court.	1689

(2) A person may request the information specified in	1690
division (K)(1) of this section only if, at the time the report is	1691
made, the person's name, address, and telephone number are	1692
provided to the person who receives the report.	1693

When a municipal or county peace officer or employee of a	1694
public children services agency receives a report pursuant to	1695
division (A) or (B) of this section the recipient of the report	1696
shall inform the person of the right to request the information	1697
described in division (K)(1) of this section. The recipient of the	1698
report shall include in the initial child abuse or child neglect	1699
report that the person making the report was so informed and, if	1700
provided at the time of the making of the report, shall include	1701
the person's name, address, and telephone number in the report.	1702

Each request is subject to verification of the identity of	1703
the person making the report. If that person's identity is	1704
verified, the agency shall provide the person with the information	1705
described in division (K)(1) of this section a reasonable number	1706
of times, except that the agency shall not disclose any	1707
confidential information regarding the child who is the subject of	1708
the report other than the information described in those	1709
divisions.	1710

(3) A request made pursuant to division (K)(1) of this	1711
section is not a substitute for any report required to be made	1712
pursuant to division (A) of this section.	1713

(4) If an agency other than the agency that received or was	1714
referred the report is conducting the investigation of the report	1715
pursuant to section 2151.422 of the Revised Code, the agency	1716
conducting the investigation shall comply with the requirements of	1717
division (K) of this section.	1718

(L) The director of job and family services shall adopt rules	1719
in accordance with Chapter 119. of the Revised Code to implement	1720
this section. The department of job and family services may enter	1721
into a plan of cooperation with any other governmental entity to	1722
aid in ensuring that children are protected from abuse and	1723
neglect. The department shall make recommendations to the attorney	1724
general that the department determines are necessary to protect	1725
children from child abuse and child neglect.	1726

(M) Whoever violates division (A) of this section is liable	1727
for compensatory and exemplary damages to the child who would have	1728
been the subject of the report that was not made. A person who	1729
brings a civil action or proceeding pursuant to this division	1730
against a person who is alleged to have violated division (A)(1)	1731
of this section may use in the action or proceeding reports of	1732
other incidents of known or suspected abuse or neglect, provided	1733
that any information in a report that would identify the child who	1734
is the subject of the report or the maker of the report, if the	1735
maker is not the defendant or an agent or employee of the	1736
defendant, has been redacted.	1737

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

1738

(a) "Out-of-home care" includes a nonchartered nonpublic	1739
school if the alleged child abuse or child neglect, or alleged	1740
threat of child abuse or child neglect, described in a report	1741
received by a public children services agency allegedly occurred	1742
in or involved the nonchartered nonpublic school and the alleged	1743
perpetrator named in the report holds a certificate, permit, or	1744
license issued by the state board of education under section	1745
3301.071 or Chapter 3319. of the Revised Code.	1746

(b) "Administrator, director, or other chief administrative	1747
officer" means the superintendent of the school district if the	1748
out-of-home care entity subject to a report made pursuant to this	1749
section is a school operated by the district.	1750

(2) No later than the end of the day following the day on	1751
which a public children services agency receives a report of	1752
alleged child abuse or child neglect, or a report of an alleged	1753
threat of child abuse or child neglect, that allegedly occurred in	1754
or involved an out-of-home care entity, the agency shall provide	1755
written notice of the allegations contained in and the person	1756
named as the alleged perpetrator in the report to the	1757
administrator, director, or other chief administrative officer of	1758
the out-of-home care entity that is the subject of the report	1759
unless the administrator, director, or other chief administrative	1760
officer is named as an alleged perpetrator in the report. If the	1761
administrator, director, or other chief administrative officer of	1762
an out-of-home care entity is named as an alleged perpetrator in a	1763
report of alleged child abuse or child neglect, or a report of an	1764
alleged threat of child abuse or child neglect, that allegedly	1765
occurred in or involved the out-of-home care entity, the agency	1766
shall provide the written notice to the owner or governing board	1767
of the out-of-home care entity that is the subject of the report.	1768
The agency shall not provide witness statements or police or other	1769
investigative reports.	1770

(3) No later than three days after the day on which a public	1771
children services agency that conducted the investigation as	1772
determined pursuant to section 2151.422 of the Revised Code makes	1773
a disposition of an investigation involving a report of alleged	1774
child abuse or child neglect, or a report of an alleged threat of	1775
child abuse or child neglect, that allegedly occurred in or	1776
involved an out-of-home care entity, the agency shall send written	1777
notice of the disposition of the investigation to the	1778
administrator, director, or other chief administrative officer and	1779
the owner or governing board of the out-of-home care entity. The	1780
agency shall not provide witness statements or police or other	1781
investigative reports.	1782

(O) As used in this section, "investigation" means the public	1783
children services agency's response to an accepted report of child	1784
abuse or neglect through either an alternative response or a	1785
traditional response.	1786

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

1787

(1) "Custodian," "guardian," and "minor child" have the same	1788
meanings as in section 5107.02 of the Revised Code.	1789

(2) "Federal poverty guidelines" has the same meaning as in	1790
section 5101.46 of the Revised Code.	1791

(3) "Kinship caregiver" has the same meaning as in section	1792
5101.85 of the Revised Code.	1793

(B) Subject to division (E) of section 5101.801 of the	1794
Revised Code, there is hereby created the kinship permanency	1795
incentive program to promote permanency for a minor child in the	1796
legal and physical custody of a kinship caregiver. The program	1797
shall provide an initial one-time incentive payment to the kinship	1798
caregiver to defray the costs of initial placement of the minor	1799
child in the kinship caregiver's home. The program may provide	1800
additional permanency incentive payments for the minor child at	1801
six month intervals for a total period not to exceed thirty-six	1802
forty-eight months, based on the availability of funds.	1803

(C) A kinship caregiver may participate in the program if all	1804
of the following requirements are met:	1805

(1) The kinship caregiver applies to a public children	1806
services agency in accordance with the application process	1807
established in rules authorized by division (E) of this section;	1808

(2) Not earlier than July 1, 2005, a juvenile court issues an	1809
order granting legal custody to the kinship caregiver, or a	1810
probate court grants guardianship to the kinship caregiver, except	1811
that a temporary court order is not sufficient to meet this	1812
requirement;	1813

(3) The kinship caregiver is either the minor child's	1814
custodian or guardian;	1815

(4) The minor child resides with the kinship caregiver	1816
pursuant to a placement approval process established in rules	1817
authorized by division (E) of this section;	1818

(5) Excluding any income excluded under rules adopted under	1819
division (E) of this section, the gross income of the kinship	1820
caregiver's family, including the minor child, does not exceed	1821
three hundred per cent of the federal poverty guidelines.	1822

(D) Public children services agencies shall make initial and	1823
ongoing eligibility determinations for the kinship permanency	1824
incentive program in accordance with rules authorized by division	1825
(E) of this section. The director of job and family services shall	1826
supervise public children services agencies' duties under this	1827
section.	1828

(E) The director of job and family services shall adopt rules	1829
under division (C) of section 5101.801 of the Revised Code as	1830
necessary to implement the kinship permanency incentive program.	1831
The rules shall establish all of the following:	1832

(1) The application process for the program;

1833

(2) The placement approval process through which a minor	1834
child is placed with a kinship caregiver for the kinship caregiver	1835
to be eligible for the program;	1836

(3) The initial and ongoing eligibility determination process	1837
for the program, including the computation of income eligibility;	1838

(4) The amount of the incentive payments provided under the	1839
program;	1840

(5) The method by which the incentive payments are provided	1841
to a kinship caregiver.	1842

(F) The amendments made to this section by Am. Sub. H.B. 119	1843
of the 127th general assembly shall not affect the eligibility of	1844
any kinship caregiver whose eligibility was established before	1845
the effective date of the amendmentsJune 30, 2007.	1846

Sec. 5103.035.  A public children services agency, private	1847
child placing agency, or private noncustodial agency acting as a	1848
recommending agency for a foster caregiver shall develop and	1849
implement a written needs assessment and continuing training plan	1850
for the foster caregiver. Each needs assessment and continuing	1851
training plan shall satisfy all of the following requirements:	1852

(A) Be effective for the two-year period the foster	1853
caregiver's certificate is in effect;	1854

(B) Be appropriate for the type of foster home the foster	1855
caregiver operates, and include training for the caregiver that	1856
relates to providing independent living services, as defined in	1857
section 2151.81 of the Revised Code, to a child placed as provided	1858
in division (B)(2) of section 2151.353 of the Revised Code;	1859

(C) Require the foster caregiver to successfully complete the	1860
training required by the department in rules adopted pursuant to	1861
section 5103.0316 of the Revised Code and any other courses the	1862
agency considers appropriate;	1863

(D) Include criteria the agency is to use to determine	1864
whether the foster caregiver has successfully completed the	1865
courses;	1866

(E) Guarantee that the courses the foster caregiver is	1867
required to complete are available to the foster caregiver at	1868
reasonable times and places;	1869

(F) Specify the number of hours of continuing training, if	1870
any, the foster caregiver may complete by teaching one or more	1871
training classes to other foster caregivers or by providing	1872
mentoring services to other foster caregivers pursuant to division	1873
(B) of section 5103.032 of the Revised Code;	1874

(G) Specify the number of hours of continuing training, if	1875
any, the agency will waive pursuant to division (C) of section	1876
5103.032 of the Revised Code.	1877

Sec. 5103.162. (A) Except as provided in division (B) of this	1878
section, a foster caregiver shall be immune from liability in a	1879
civil action to recover damages for injury, death, or loss to	1880
person or property allegedly caused by an act or omission in	1881
connection with a power, duty, responsibility, or authorization	1882
under this chapter or under rules adopted under authority of this	1883
chapter.	1884

(B) The immunity described in division (A) of this section	1885
does not apply to a foster caregiver if, in relation to the act or	1886
omission in question, any of the following applies:	1887

(1) The act or omission was manifestly outside the scope of	1888
the foster caregiver's power, duty, responsibility, or	1889
authorization.	1890

(2) The act or omission was with malicious purpose, in bad	1891
faith, or in a wanton or reckless manner.	1892

(3) Liability for the act or omission is expressly imposed by	1893
a section of the Revised Code.	1894

(C)(1) A foster caregiver shall use a reasonable and prudent	1895
parent standard when considering whether to authorize a foster	1896
child who resides in the foster home to participate in	1897
extracurricular, enrichment, and social activities.	1898

(2) A public children services agency, private child placing	1899
agency, or private noncustodial agency that serves as the child's	1900
custodian or as the supervising agency for the foster caregiver	1901
shall be immune from liability in a civil action to recover	1902
damages for injury, death, or loss to person or property that	1903
result from a foster caregiver's or agency's decisions using a	1904
reasonable and prudent parent standard in accordance with division	1905
(C)(1) of this section.	1906

(3) Nothing in this section shall affect, limit, abridge, or	1907
otherwise modify the immunities and defenses available to a public	1908
children services agency as a political subdivision under Chapter	1909
2744. of the Revised Code.	1910

(4) As used in this section, "reasonable and prudent parent	1911
standard" means the standard characterized by careful and sensible	1912
parental decisions that maintain the child's health, safety, and	1913
best interests while at the same time encouraging the child's	1914
emotional and developmental growth, that a caregiver or agency	1915
shall use when determining whether to allow a child in the care of	1916
a foster caregiver to participate in extracurricular, enrichment,	1917
and social activities.	1918

Section 2.  That existing sections 2151.281, 2151.353,	1919
2151.414, 2151.415, 2151.417, 2151.421, 5101.802, 5103.035, and	1920
5103.162 of the Revised Code are hereby repealed.	1921

Section 3.  Section 2151.281 of the Revised Code is presented	1922
in this act as a composite of the section as amended by both Am.	1923
Sub. S.B. 17 and Am. Sub. S.B. 238 of the 126th General Assembly.	1924
The General Assembly, applying the principle stated in division	1925
(B) of section 1.52 of the Revised Code that amendments are to be	1926
harmonized if reasonably capable of simultaneous operation, finds	1927
that the composite is the resulting version of the section in	1928
effect prior to the effective date of the section as presented in	1929
this act.	1930