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(122nd General Assembly)(Amended Substitute House Bill Number 484)
AN ACT
To amend sections 181.26, 340.033, 2151.011, 2151.27, 2151.28, 2151.31,
2151.314, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 2151.415, 2151.416,
2151.417, 2151.419, 3107.07, 3107.11, 3701.503, 5101.141, 5103.161, 5107.70,
and
5153.16, to enact
sections 340.15, 2151.3514, 2151.42, 2151.424, and 3793.051, and to repeal
section 5107.71 of the Revised Code to require a court to
consider the best interests of a child
when
determining whether an abused, neglected, or dependent child
should be returned to the custody of the child's
parents; to require a notice of an adoption to be given to the guardian or
custodian of the child;
to extend to October 1, 1999,
the deadline for the State Criminal Sentencing Commission's report of a
comprehensive juvenile justice plan to the General Assembly;
to clarify what is meant by
reasonable efforts concerning attempts to prevent the removal of a
child from
the child's home and to return a child to the home; to clarify when reasonable
efforts must be made;
to provide for boards of
alcohol, drug
addiction, and mental health services to give a priority to services to
parents
of children at imminent risk of becoming abused or neglected due to drug or
alcohol addiction; to require the Departments of Alcohol and Drug Addiction
Services and Human Services to establish a joint plan to improve accessibility
and timeliness of alcohol and drug addiction services for certain persons
identified by public children services agencies; to authorize the Department
of
Human Services to join the Interstate Compact on Adoption and Medical
Assistance; and to bring Ohio into compliance with federal standards regarding
the
giving of preference to adult relatives over nonrelative foster parents in
certain adoption contexts.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 181.26, 340.033, 2151.011, 2151.27, 2151.28, 2151.31,
2151.314, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 2151.415, 2151.416,
2151.417, 2151.419, 3107.07, 3107.11, 3701.503, 5101.141, 5103.161, 5107.70,
and
5153.16 be amended and sections 340.15, 2151.3514, 2151.42, 2151.424, and
3793.051 of the Revised Code be enacted to read as follows:
Sec. 181.26. (A) In addition to its duties set forth in sections
181.23 to 181.25 of the Revised Code, the state criminal sentencing commission
shall do all of the following: (1) Review all statutes governing delinquent child, unruly child, and
juvenile traffic offender dispositions in this state; (2) Review state and local resources, including facilities and programs,
used for delinquent child, unruly child, and juvenile traffic offender
dispositions and profile the populations of youthful offenders in the
facilities and programs; (3) Report to the general assembly no later than September
October 1,
1998 1999, a comprehensive plan containing recommendations
based on the reviews
required under divisions (A)(1) and (2) of this section. The
recommendations shall do all of the following: (a) Assist in the managing of the number of persons in, and costs
of, the facilities, the programs, and other resources used in delinquent
child, unruly child,
and juvenile traffic offender dispositions; (b) Foster rehabilitation, public safety, sanctions,
accountability, and other reasonable goals; (c) Provide greater certainty, proportionality, uniformity,
fairness, and simplicity in delinquent child, unruly child, and juvenile
traffic offender dispositions while retaining reasonable judicial discretion; (d) Provide for the restoration of victims of juvenile offenses. (B) The commission shall project the impact of the comprehensive
plan recommended by the commission under this section on state and local
resources used in delinquent child, unruly child, and juvenile traffic
offender dispositions. The commission shall determine whether any additional
facilities, programs, or other resources are needed to implement the
comprehensive plan. (C) If the general assembly enacts all or a substantial part of
the comprehensive plan recommended by the commission under this section, the
commission shall do all of the following: (1) Assist in the implementation of the enacted plan; (2) Monitor the operation of the plan, periodically report to the general
assembly on the plan's operation and the plan's impact on resources used in
delinquent child, unruly child, and juvenile traffic offender dispositions,
and periodically recommend changes in the plan to the general assembly based
on this monitoring; (3) Review all bills that are introduced in the general assembly that
relate to delinquent child, unruly child, and juvenile traffic offender
dispositions and assist the general assembly in making legislation consistent
with the plan. Sec. 340.033. (A) The board of alcohol, drug addiction,
and mental health services shall serve as the planning agency for
alcohol and drug addiction services for the county or counties in
its service district. In accordance with procedures and
guidelines established by the department of alcohol and drug
addiction services, the board shall do all of the following: (1) Assess alcohol and drug addiction service needs and
evaluate the need for alcohol and drug addiction programs; (2) According to the needs determined under division
(A)(1) of this section, set priorities and develop plans for the
operation of alcohol and drug addiction programs in cooperation
with other local and regional planning and funding bodies and
with relevant ethnic organizations; (3) Submit the plan for alcohol and drug addiction
services required by section 3793.05 of the Revised Code to the
department and implement the plan as approved by the department; (4) Provide to the department information to be included
in the information system established by the department under
section 3793.04 of the Revised Code; (5) Enter into contracts with alcohol and drug addiction
programs for the provision of alcohol and drug addiction
services; (6) Review and evaluate alcohol and drug addiction
programs in the district, and conduct program audits; (7) Prepare and submit to the department an annual report
of the alcohol and drug addiction programs in the district; (8) Receive, compile, and transmit to the department
applications for funding; (9) Promote, arrange, and implement working agreements
with public and private social agencies and with judicial
agencies; (10) Investigate, or request another agency to
investigate, any complaint alleging abuse or neglect of any
person receiving services from an alcohol or drug addiction
program; (11) Establish a mechanism for the involvement of persons
receiving services in, and obtaining their advice on, matters
pertaining to alcohol or drug addiction services; (12) Recruit and promote local financial support, from
private and public sources, for alcohol and drug addiction
programs; (13) Approve fee schedules and related charges, adopt a
unit cost schedule, or adopt other methods of payment for
services provided by programs under contract pursuant to division
(A)(5) of this section, in accordance with guidelines established
by the department under section 3793.04 of the Revised Code. (B) In accordance with rules adopted by the auditor of
state pursuant to section 117.20 of the Revised Code, at least
annually the board shall audit all alcohol and drug addiction
programs provided under contract with the board. The board may
contract with private auditors for the performance of these
audits. A copy of the fiscal audit report shall be provided to
the director of alcohol and drug addiction services, the auditor
of state, and the county auditor of each county in the board's
district. (C) In contracting with a program under division (A)(5) of
this section, a board shall consider the cost effectiveness of
services provided by the program and the program's quality and
continuity of care. The board may review cost elements,
including salary costs, of the services provided by the program. A utilization review process shall be established as part
of the contract for services. The board may establish this
process in any way that it considers to be the most effective and
efficient in meeting local needs. (D) If either the board or a program with which it
contracts pursuant to division (A)(5) of this section proposes
not to renew the contract or proposes substantial changes in
contract terms on renewal of the contract, it shall give the
other party to the contract written notice at least one hundred
twenty days before the expiration date of the contract. During
the first sixty days of this period, both parties shall attempt
to resolve any dispute through good faith collaboration and
negotiation in order that services to persons in need will be
continued. If the dispute is not resolved during this time,
either party may notify the department of alcohol and drug
addiction services. The department may require both parties to
submit the dispute to a mutually agreed upon third party with the
cost to be shared by the board and the program. At least twenty
days before the expiration of the contract, unless the board and
the program agree to an extension, the third party shall issue to
the board, program, and department, its recommendations for
resolution of the dispute. The department shall adopt rules pursuant to Chapter 119.
of the Revised Code establishing procedures for this dispute
resolution process. (E) Section 307.86 of the Revised Code does not apply to
contracts entered into pursuant to division (A)(5) of this
section. (F)(1) With the prior approval of the department, a board
of alcohol, drug addiction, and mental health services may
operate an alcohol or drug addiction program as follows if there
is no qualified program that is immediately available, willing to
provide services, and able to obtain certificaiton
CERTIFICATION under Chapter 3793. of the Revised Code: (a) In an emergency situation, any board may operate a
program in order to provide essential services for the duration
of the emergency; (b) In a service district with a population of at least
one hundred thousand but less than five hundred thousand, a board
may operate a program for no longer than one year; (c) In a service district with a population of less than
one hundred thousand, a board may operate a program for no longer
than one year, except that such a board may operate a program for
longer than one year with the prior approval of the department
and the prior approval of the board of county commissioners, or
of a majority of the boards of county commissioners if the
district is a joint-county district. (2) The department shall not give a board its approval to
operate a program under division (F)(1)(c) of this section unless
it determines that the board's program will provide greater
administrative efficiency and more or better services than would
be available if the board contracted with a program for provision
of the services. (3) The department shall not give a board its approval to
operate a program previously operated by a public or private
entity unless the board has established to the department's
satisfaction that the entity cannot effectively operate the
program, or that the entity has requested the board to take over
operation of the program. (4) The department shall review and evaluate the operation
of each program operated by a board under this division. (5) Nothing in this division authorizes a board to
administer or direct the daily operation of any program other
than a program operated by the board under this division, but a
program may contract with a board to receive administrative
services or staff direction from the board under the direction of
the governing body of the program. (G) If an investigation conducted pursuant to division
(A)(10) of this section substantiates a charge of abuse or
neglect, the board shall take whatever action it determines is
necessary to correct the situation, including notification of the
appropriate authorities. On request, the board shall provide
information about such investigations to the department. (H) When the board sets priorities
and develops plans for the operation of alcohol and drug
addiction programs under division
(A)(2) of this section, the
board shall consult with the county commissioners of the counties in the
board's service district regarding the services described in section
340.15 of the Revised
Code and shall give a priority to those services, except that those
services
shall not have priority over services
provided to pregnant women under programs developed in relation
to the mandate established in section 3793.15 of the
Revised
Code. The plans shall identify funds the board and public children
services agencies in the board's service district have available to fund
jointly the services described in section 340.15 Of the Revised Code. Sec. 340.15. (A) A public children services
agency that identifies a child by a risk assessment conducted
pursuant to section 5153.16 of the
Revised
Code as being at imminent risk
of being abused or neglected because of an addiction of a
parent, guardian, or custodian of the child to a drug of abuse
or alcohol shall refer the child's
addicted parent,
guardian, or custodian and, if the agency determines that the child needs
alcohol or other drug addiction services, the child to an alcohol and drug
addiction program certified by the department of alcohol and drug addiction
services under section 3793.06 Of the Revised Code.
A public children services agency that is sent a court order issued
pursuant to division (b) of section 2151.3514
of the Revised Code shall refer the addicted parent or other
caregiver of the child identified in the court order to an alcohol and drug
addiction program certified by the department of alcohol and drug addiction
services under section 3793.06 of the Revised Code.
On receipt of a referral under this division and
to the extent funding identified under division (A) of section
340.033 Of the Revised Code is available, the program
shall provide
the following services to the addicted parent, guardian, custodian, or
caregiver
and child in need of alcohol or other drug services: (1) If it is determined pursuant to an initial screening to be needed,
assessment and appropriate treatment; (2) Documentation of progress in accordance with a treatment
plan developed for
the addicted parent, guardian, custodian, caregiver, or child; (3) If the referral is based on a court order issued pursuant to
division (B) of section 2151.3514 of the
Revised Code
and the order requires the specified parent or other caregiver of the child to
submit to alcohol or other drug testing during, after, or both during and
after, treatment, testing in accordance with the court order. (B) The services
described in division (A) of
this section shall have a priority as provided in the alcohol and
drug addiction services plan established pursuant to section
340.033 of the Revised
Code. Once a referral has been
received pursuant to this section, the public children services agency and the
alcohol or drug addiction program shall, in accordance with 42
C.F.R. Part 2, share with each other any
information
concerning the
persons and services described in that division that the agency and program
determine are necessary to share. If the referral is based on a court order
issued pursuant to division
(B) of section 2151.3514 of the
Revised Code,
the results and recommendations of the alcohol and drug addiction program also
shall be provided and used as described in division
(D) of that section. Information obtained or
maintained by
the agency or program pursuant to this section
that could enable the identification of any person described in
division (A) of this section is
not a public record subject to inspection or copying under section 149.43
Of the Revised Code. Sec. 2151.011. (A) As used in the Revised Code: (1) "Juvenile court" means the division of the court of
common pleas or a juvenile court separately and independently
created having jurisdiction under this chapter. (2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter. (3) "Private child placing agency" means any association,
as defined in section 5103.02 of the Revised Code, that is
certified pursuant to sections 5103.03 to 5103.05 of the Revised Code
to accept temporary, permanent, or legal custody of children
and place the children for either foster care or adoption. (4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of human services that does not accept temporary or permanent
legal custody of children, that is privately operated in this
state, and that does one or more of the following: (a) Receives and cares for children for two or more
consecutive weeks; (b) Participates in the placement of children in family
foster homes; (c) Provides adoption services in conjunction with a
public children services agency or private child placing agency. (B) As used in this chapter: (1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs. (2) "Adult" means an individual who is eighteen years of age or
older. (3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that transfers the temporary custody of a child to a
public children services agency or a private child placing
agency. (4) "Babysitting care" means care provided for a child
while the parents, guardian, or legal custodian of the child are
temporarily away. (5) "Certified family foster home" means a family foster home
operated by persons holding a certificate in force, issued under
section 5103.03 of the Revised Code. (6)(a) "Child" means a person who is under
eighteen years of age, except as otherwise provided in
divisions (B)(6)(b) to (f) of this
section. (b) Subject to division (B)(6)(c) of
this section, any person who violates a federal or state law or
municipal ordinance prior to attaining eighteen years of age shall be deemed a
"child" irrespective of that person's age at the time the complaint is filed
or the hearing on the complaint is held. (c) Any person who, while under
eighteen years of age, commits an act that would be a felony if committed by
an adult and who is not taken into custody or apprehended for that act until
after the person attains twenty-one years of age is not a child in relation to
that act. (d) Any person whose case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code shall after the transfer be deemed not to be a
child in the transferred case. (e) Subject to division (B)(6)(f) of
this section, any person whose case is transferred for
criminal prosecution pursuant to division (B) or (C) of section 2151.26 of
the Revised
Code and who subsequently is convicted of or pleads guilty to a
felony in that case shall after the
transfer be deemed not to be a child in any
case in which the person is
alleged to have committed prior to
or subsequent
to the transfer an act that would be an offense if committed by an adult.
Division (B)(6)(e)
of this section applies to a case regardless of
whether the
prior or subsequent act that is alleged in the case and that would be
an offense if committed by an adult allegedly was committed in the same county
in which
the case was transferred or in another county and regardless of whether the
complaint in the case involved was filed in the same county in which the
case was transferred or in another county. Division
(B)(6)(e) of this section applies to a
case that involves an act committed prior to the transfer only when the
prior act alleged in the case has not been disposed of by a juvenile court or
trial court. (f) Notwithstanding division (B)(6)(e)
of this section, if a person's case is transferred for criminal prosecution
pursuant to division (B) or (C) of section 2151.26 of the
Revised Code and if the person subsequently is convicted of
or pleads guilty to a felony in that case, thereafter, the person shall be
considered a child solely for the following purposes in relation to any act
the person subsequently commits that would be an offense if committed by an
adult: (i) For purposes of the filing of a complaint alleging that the
child is a delinquent child for committing the act that would be an offense if
committed by an adult; (ii) For purposes of the juvenile court conducting a hearing
under division (B) of section 2151.26 of the Revised
Code relative to the complaint described in division
(B)(6)(f)(i) of this section to determine
whether division (B)(1) of section
2151.26 of the Revised Code applies and requires that the
case be transferred for criminal prosecution to the
appropriate court having jurisdiction of the offense. (7) "Child day camp," "child day-care," "child day-care
center,"
"part-time
child day-care center," "type A family day-care home," "certified
type B family day-care home," "type B home," "administrator
of a
child day-care center," "administrator of a type A family
day-care home," "in-home aide," and "authorized provider" have
the same meanings as in section 5104.01 of the Revised Code. (8) "Child day-care provider" means an individual who is
a child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care home, or an in-home aide or an individual who is
licensed, is regulated, is approved, operates under the direction
of, or otherwise is certified by the department of human
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of education. (9) "Commit" means to vest custody as ordered by the
court. (10) "Counseling" includes both of the following: (a) General counseling services performed
by a public children services agency or shelter
for victims of domestic violence to assist a child, a child's
parents, and a child's siblings in alleviating identified problems
that may
cause or have caused the child to be an abused, neglected, or
dependent child. (b) Psychiatric or
psychological therapeutic counseling services
provided to correct or alleviate any mental or
emotional illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of the Revised Code
to engage in social work or professional counseling. (11) "Custodian" means a person who has legal custody of a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child. (12) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court order, in a
public or private facility designed to physically restrict the movement and
activities of children. (13) "Developmental disability" has the same meaning as
in
section 5123.01 of the Revised Code. (14) "Family foster home" means a private residence in
which children are received apart from their parents, guardian,
or legal custodian by an individual for hire, gain, or reward for
nonsecure care, supervision, or training twenty-four hours a day.
"Family foster home" does not include babysitting care provided
for a child in the home of a person other than the home of the
parents, guardian, or legal custodian of the child. (15) "Foster home" means a family home in which any child
is received apart from the child's parents for care, supervision,
or
training. (16) "Guardian" means a person, association, or
corporation that is granted authority by a probate court pursuant
to Chapter 2111. of the Revised Code to exercise parental rights
over a child to the extent provided in the court's order and
subject to the residual parental rights of the child's parents. (17) "Legal custody" means a legal status that vests in
the custodian the right to have physical care and control of the
child and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court. (18) "Long-term foster care" means an order of a juvenile
court pursuant to which both of the following apply: (a) Legal custody of a child is given to a public children
services agency or a private child placing agency without the
termination of parental rights.
(b) The agency is permitted to make an appropriate
placement of the child and to enter into a written long-term
foster care agreement with a foster care provider or with another person or
agency with whom the child is placed.
(19) "Mental illness" and "mentally ill person subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code.
(20)(19) "Mental injury" means any behavioral, cognitive,
emotional, or mental disorder in a child caused by an act or omission that
is described in section 2919.22 of the Revised Code and is
committed by the parent or other person
responsible for the child's care.
(21)(20) "Mentally retarded person" has the same meaning as
in
section 5123.01 of the Revised Code.
(22)(21) "Nonsecure care, supervision, or training" means
care, supervision, or training of a child in a facility that does
not confine or prevent movement of the child within the facility
or from the facility.
(23)(22) "Organization" means any institution, public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in foster homes or elsewhere.
(24)(23) "Out-of-home care" means detention facilities,
shelter facilities, foster homes, certified foster homes,
placement in a prospective adoptive home prior to the issuance of
a final decree of adoption, organizations, certified
organizations, child day-care centers, type A family day-care
homes, child day-care provided by type B family day-care home
providers and by in-home aides, group home providers, group
homes, institutions, state institutions, residential facilities,
residential care facilities, residential camps, day camps,
hospitals, and medical clinics that are responsible for the care,
physical custody, or control of children.
(25)(24) "Out-of-home care child abuse" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Engaging in sexual activity with a child in the person's
care; (b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health; (c) Use of restraint procedures on a child that cause
injury or pain; (d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician; (e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death. (26)(25) "Out-of-home care child neglect" means any of the
following when committed by a person responsible for the care of
a child in out-of-home care:
(a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child; (b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in sexual or
physical abuse of the child by any person; (c) Failure to develop a process for all of the following: (i) Administration of prescription drugs or psychotropic
drugs for the child; (ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed; (iii) Reporting to the licensed physician who prescribed
the drug all unfavorable or dangerous side effects from the use
of the drug. (d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child; (e) Confinement of the child to a locked room without
monitoring by staff; (f) Failure to provide ongoing security for all
prescription and nonprescription medication; (g) Isolation of a child for a period of time when there
is substantial risk that the isolation, if continued, will impair
or retard the mental health or physical well-being of the child. (27)(26) "Permanent custody" means a legal status that vests
in a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and obligations, including all residual rights and obligations.
(27) "Planned permanent living arrangement"
means an order of a
juvenile court pursuant to which both of the following apply: (a) The court gives legal custody of a child to a public children
services agency or a private child placing agency without the termination of
parental rights. (b) The order permits the agency to make an appropriate placement
of
the child and to enter into a written
agreement with a foster care provider or with another person or agency with
whom the child is placed. (28) "Permanent surrender" means the act of the parents
or, if a child has only one parent, of the parent of a child, by
a voluntary agreement authorized by section 5103.15
of the Revised Code, to transfer the permanent custody of the child to a
public children services agency or a private child placing
agency. (29) "Person responsible for a child's care in out-of-home
care" means any of the following: (a) Any foster parent, in-home aide, or provider; (b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp; day camp; hospital; or medical clinic; (c) Any other person who performs a similar function with
respect to, or has a similar relationship to, children. (30) "Physically impaired" means having one or more of
the following conditions that substantially limit one or more of
an individual's major life activities, including self-care,
receptive and expressive language, learning, mobility, and self-direction: (a) A substantial impairment of vision, speech, or hearing; (b) A congenital orthopedic impairment; (c) An orthopedic impairment caused by disease,
rheumatic fever or any other similar chronic or acute health
problem, or amputation or another similar cause. (31) "Placement for adoption" means the arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody. (32) "Placement in foster care" means the
arrangement by a public children services agency or a private child placing
agency for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. (33) "Practice of social work" and "practice of professional
counseling" have the same meanings as in section 4757.01
of the Revised Code. (34) "Probation" means a legal status created by court
order following an adjudication that a child is a delinquent child, a
juvenile traffic offender, or an unruly child, whereby the child is
permitted to remain in the parent's, guardian's, or custodian's
home subject to supervision, or under the supervision of any
agency designated by the court and returned to the court for
violation of probation at any time during the period of
probation. (35) "Protective supervision" means an order of
disposition pursuant to which the court permits an abused,
neglected, dependent, unruly, or delinquent child or a juvenile
traffic offender to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the
child's parents,
guardian,
or custodian, or any other person that the court prescribes,
including supervision as directed by the court for the protection
of the child. (36) "Psychiatrist" has the same meaning as in section
5122.01 of the Revised Code. (37) "Psychologist" has the same meaning as in section
4732.01 of the Revised Code. (38) "Residential camp" means a program in which the care, physical
custody, or control of
children is accepted overnight for recreational or recreational and
educational purposes. (39) "Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child. (40) "Residential facility" means a home or facility that
is licensed by the department of mental retardation and
developmental disabilities under section 5123.19 of the Revised Code
and in which a child with a developmental disability
resides. (41) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support. (42) "Secure correctional facility" means a facility
under the direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used for the
placement of children after adjudication and disposition. (43) "Sexual activity" has the same meaning as in section
2907.01 of the Revised Code. (44) "Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition. (45) "Shelter for victims of domestic violence" has the
same meaning as in section 3113.33 of the Revised Code. (46) "Temporary custody" means legal custody of a child
who is removed from the child's home, which custody may be
terminated at
any time at the discretion of the court or, if the legal custody
is granted in an agreement for temporary custody, by the person
who executed the agreement. (C) For the purposes of this chapter, a child shall be presumed
abandoned when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of whether the
parents resume contact with the child after that period of
ninety days. Sec. 2151.27. (A) Any person having knowledge of a child
who appears to be a juvenile traffic offender or to be a
delinquent, unruly, abused, neglected, or dependent child may
file a sworn complaint with respect to that child in the juvenile
court of the county in which the child has a residence or legal
settlement or in which the traffic offense, delinquency,
unruliness, abuse, neglect, or dependency allegedly occurred. If
an alleged abused, neglected, or dependent child is taken into
custody pursuant to division (D) of section 2151.31 of the
Revised Code or is taken into custody pursuant to division (A)
of section 2151.31 of the Revised Code without the filing of a
complaint and placed into shelter care pursuant to division (C)
of that section, a sworn complaint shall
be filed with respect to the child before the end of the next
day after the day on which the child was taken into
custody. The sworn complaint may be upon information and belief,
and, in addition to the allegation that the child is a delinquent,
unruly, abused, neglected, or dependent child or a juvenile
traffic offender, the complaint shall allege the particular facts
upon which the allegation that the child is a delinquent, unruly,
abused, neglected, or dependent child or a juvenile traffic
offender is based. (B) If a child, before arriving at the age of eighteen
years, allegedly commits an act for which the child may be adjudicated a
delinquent child, an unruly child, or a juvenile traffic offender
and if the specific complaint alleging the act is not filed or a
hearing on that specific complaint is not held until after the
child arrives at the age of eighteen years, the court has
jurisdiction to hear and dispose of the complaint as if the
complaint were filed and the hearing held before the child
arrived at the age of eighteen years. (C) If the complainant in a case in which a child is
alleged to be an abused, neglected, or dependent child desires
permanent custody of the child or children, temporary custody of
the child or children, whether as the preferred or an alternative
disposition, or the placement of the child in long-term foster
care a planned permanent living arrangement, the complaint shall
contain a prayer specifically
requesting permanent custody, temporary custody, or the placement
of the child in long-term foster care a planned permanent living
arrangement. (D) For purposes of the record to be maintained by the
clerk under division (B) of section 2151.18 of the Revised Code,
when a complaint is filed that alleges that a child is a
delinquent child, the court shall determine if the victim of the
alleged delinquent act was sixty-five years of age or older or
permanently and totally disabled at the time of the alleged
commission of the act. (E) Any person with standing under applicable law may file
a complaint for the determination of any other matter over which
the juvenile court is given jurisdiction by section 2151.23 of
the Revised Code. The complaint shall be filed in the county in
which the child who is the subject of the complaint is found or
was last known to be found. (F) Within ten days after the filing of a complaint, the
court shall give written notice of the filing of the complaint
and of the substance of the complaint to the superintendent of a
city, local, exempted village, or joint vocational school
district if the complaint alleges that a child committed an act
that would be a criminal offense if committed by an adult,
that the child was sixteen years of age or older at the time of
the commission of the alleged act, and that the alleged act is any
of the following: (1) A violation of section 2923.122 of the Revised Code
that relates to property owned or controlled by, or to an
activity held under the auspices of, the board of education of
that school district; (2) A violation of section 2923.12 of the Revised Code, of
a substantially similar municipal ordinance, or of section 2925.03 of
the Revised Code that was committed on property owned or
controlled by, or at an activity held under the auspices of, the
board of education of that school district; (3) A violation of section 2925.11 of the Revised Code that was committed on
property owned or controlled by, or at an activity held under the auspices of,
the board of education of that school district, other than a violation of that
section that would be a minor drug possession offense, as defined in section
2925.01 of the Revised Code, if committed by an adult; (4) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2907.02, or 2907.05 of the
Revised Code, or a violation of former section 2907.12 of the Revised Code,
that was committed on property owned or controlled
by, or at an activity held under the auspices of, the board of
education of that school district, if the victim at the time of
the commission of the alleged act was an employee of the board of
education of that school district. (5) Complicity in any violation described in division
(F)(1), (2), (3), or (4) of this section that was alleged to have been
committed in the manner described in division (F)(1), (2), (3), or (4)
of this section, regardless of whether the act of complicity was
committed on property owned or controlled by, or at an activity
held under the auspices of, the board of education of that school
district. (G) A public children services agency, acting pursuant to a
complaint or an action on a complaint filed under this section, is not subject
to the requirements of section 3109.27 of the Revised Code. Sec. 2151.28. (A) No later than seventy-two hours after
the complaint is filed, the
court shall fix a time for an adjudicatory hearing. The court
shall conduct the adjudicatory hearing within one of the
following periods of time: (1) If the complaint alleged that the child is a
delinquent or unruly child or a juvenile traffic offender, the
adjudicatory hearing shall be held and may be continued in
accordance with the Juvenile Rules. (2) If the complaint alleged that the child is an abused,
neglected, or dependent child, the adjudicatory hearing shall be
held no later than thirty days after the complaint is filed,
except that, for good cause shown, the court may continue the
adjudicatory hearing for either of the following periods of time: (a) For ten days beyond the thirty-day deadline to allow
any party to obtain counsel; (b) For a reasonable period of time beyond the thirty-day
deadline to obtain service on all parties or any necessary
evaluation, except that the adjudicatory hearing shall not be
held later than sixty days after the date on which the complaint
was filed. (B) At an adjudicatory hearing held pursuant to division
(A)(2) of this section, the court, in addition to determining
whether the child is an abused, neglected, or dependent child,
shall determine whether the child should remain or be placed in
shelter care until the dispositional hearing. When the court
makes the shelter care determination, all of the following apply: (1) The court shall determine whether there are any
relatives of the child who are willing to be temporary custodians
of the child. If any relative is willing to be a temporary
custodian, the child otherwise would remain or be placed in
shelter care, and the appointment is appropriate, the court shall
appoint the relative as temporary custodian of the child, unless
the court appoints another relative as custodian. If it
determines that the appointment of a relative as custodian would
not be appropriate, it shall issue a written opinion setting
forth the reasons for its determination and give a copy of the
opinion to all parties and the guardian ad litem of the child. The court's consideration of a relative for appointment as
a temporary custodian does not make that relative a party to the
proceedings. (2) The court shall make the determination and issue the
written finding of facts required by comply with section 2151.419
of the Revised Code. (3) The court shall schedule the date for the
dispositional hearing to be held pursuant to section 2151.35 of
the Revised Code. The parents of the child have a right to be
represented by counsel; however, in no case shall the
dispositional hearing be held later than ninety days after the
date on which the complaint was filed. (C) The court shall direct the issuance of a summons
directed to the child except as provided by this section, the
parents, guardian, custodian, or other person with whom the child
may be, and any other persons that appear to the court to be
proper or necessary parties to the proceedings, requiring them to
appear before the court at the time fixed to answer the
allegations of the complaint. The summons shall contain the name
and telephone number of the court employee designated by the
court pursuant to section 2151.314 of the Revised Code to arrange
for the prompt appointment of counsel for indigent persons. A
child alleged to be an abused, neglected, or dependent child
shall not be summoned unless the court so directs. A summons
issued for a child who is under fourteen years of age and who is
alleged to be a delinquent child, unruly child, or a juvenile
traffic offender shall be served on the parent, guardian, or
custodian of the child in the child's behalf. If the person who has physical custody of the child, or
with whom the child resides, is other than the parent or
guardian, then the parents and guardian also shall be summoned. A copy of the
complaint shall accompany the summons. (D) If the complaint contains a prayer for permanent
custody, temporary custody, whether as the preferred or an
alternative disposition, or long-term foster care a planned
permanent living arrangement in a case
involving an alleged abused, neglected, or dependent child, the
summons served on the parents shall contain as is appropriate an
explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges, an
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or
an explanation that the issuance of an order for long-term foster
care a planned permanent living arrangement will cause the removal
of the child from the legal custody
of the parents if any of the conditions listed in divisions
(A)(5)(a) to (c) of section 2151.353 of the Revised Code are
found to exist. (E) The court may endorse upon the summons an order
directing the parents, guardian, or other person with whom the
child may be to appear personally at the hearing and directing
the person having the physical custody or control of the child to
bring the child to the hearing. (F)(1) The summons shall contain a statement advising that
any party is entitled to counsel in the proceedings and that the
court will appoint counsel or designate a county public defender
or joint county public defender to provide legal representation
if the party is indigent. (2) In cases in which the complaint alleges a child to be an abused,
neglected, or dependent child and no hearing has been conducted pursuant to
division (A) of section 2151.314 of the Revised Code with respect to the child
or a parent, guardian, or custodian of the child does not attend the
hearing, the summons also shall contain a statement advising that a case plan
may be prepared for the child, the general requirements usually contained in
case plans, and the possible consequences of failure to comply with a
journalized case plan. (G) If it appears from an affidavit filed or from sworn
testimony before the court that the conduct, condition, or
surroundings of the child are endangering the child's health
or welfare or those of others, that the child may abscond or be removed from
the jurisdiction of the court, or that the child will not be
brought to the
court, notwithstanding the service of the summons, the court may
endorse upon the summons an order that a law enforcement officer
serve the summons and take the child into immediate custody and
bring the child forthwith to the court. (H) A party, other than the child, may waive service of
summons by written stipulation. (I) Before any temporary commitment is made permanent, the
court shall fix a time for hearing in accordance with section
2151.414 of the Revised Code and shall cause notice by summons to
be served upon the parent or guardian of the child and the
guardian ad litem of the child, or published, as provided in
section 2151.29 of the Revised Code. The summons shall contain
an explanation that the granting of permanent custody permanently
divests the parents of their parental rights and privileges. (J) Any person whose presence is considered necessary and
who is not summoned may be subpoenaed to appear and testify at
the hearing. Any one Anyone summoned or subpoenaed to appear
who fails
to do so may be punished, as in other cases in the court of
common pleas, for contempt of court. Persons subpoenaed shall be
paid the same witness fees as are allowed in the court of common
pleas. (K) The failure of the court to hold an adjudicatory
hearing within any time period set forth in division (A)(2) of
this section does not affect the ability of the court to issue
any order under this chapter and does not provide any basis for
attacking the jurisdiction of the court or the validity of any
order of the court. (L) If the court, at an adjudicatory hearing held pursuant to
division (A) of this section upon a complaint alleging that a child
is an abused, neglected, dependent, delinquent, or unruly child or a juvenile
traffic offender, determines that the child is a dependent child, the court
shall incorporate that determination into written findings of fact and
conclusions of law and enter those findings of fact and conclusions of law in
the record of the case. The court shall include in
those findings of fact and conclusions of law specific findings as to the
existence of any danger to the child and any underlying family problems that
are the basis for the court's determination that the child is a dependent
child. Sec. 2151.31. (A) A child may be taken into custody in
any of the following ways: (1) Pursuant to an order of the court under this chapter; (2) Pursuant to the laws of arrest; (3) By a law enforcement officer or duly authorized
officer of the court when any of the following conditions are
present: (a) There are reasonable grounds to believe that the child
is suffering from illness or injury and is not receiving proper
care, as described in section 2151.03 of the Revised Code, and
the child's removal is necessary to prevent immediate or
threatened
physical or emotional harm; (b) There are reasonable grounds to believe that the child
is in immediate danger from the child's surroundings and
that the child's removal
is necessary to prevent immediate or threatened physical or
emotional harm; (c) There are reasonable grounds to believe that a parent,
guardian, custodian, or other household member of the child's
household has abused or neglected another child in the household
and to believe that the child is in danger of immediate or
threatened physical or emotional harm from that person. (4) By an enforcement official, as defined in section
4109.01 of the Revised Code, under the circumstances set forth in
section 4109.08 of the Revised Code; (5) By a law enforcement officer or duly authorized
officer of the court when there are reasonable grounds to believe
that the child has run away from the child's parents,
guardian, or other
custodian; (6) By a law enforcement officer or duly authorized
officer of the court when any of the following apply: (a) There are reasonable grounds to believe that the
conduct, conditions, or surroundings of the child are endangering
the health, welfare, or safety of the child;. (b) A complaint has been filed with respect to the child
under section 2151.27 of the Revised Code and there are
reasonable grounds to believe that the child may abscond or be
removed from the jurisdiction of the court;. (c) The child is required to appear in court and there are
reasonable grounds to believe that the child will not be brought
before the court when required. (B)(1) The taking of a child into custody is not and shall
not be deemed an arrest except for the purpose of determining its
validity under the constitution of this state or of the United
States. (2) Except as provided in division (C) of section 2151.311
of the Revised Code, a child taken into custody shall not be held
in any state correctional institution, county,
multicounty, or municipal jail or workhouse, or any other place
where any adult convicted of crime, under arrest, or charged with
crime is held. (C) A child taken into custody shall not be confined in a
place of juvenile detention or placed in shelter care prior to
the implementation of the court's final order of disposition,
unless detention or shelter care is required to protect the
child from immediate or threatened physical or emotional harm,
because the child may abscond or be removed from the jurisdiction
of the court, because the child has no parents, guardian, or
custodian or other person able to provide supervision and care
for the child and return the child to the
court when required, or because an
order for placement of the child in detention or shelter care has
been made by the court pursuant to this chapter. (D) Upon receipt of notice from a person that the person
intends to take an alleged abused, neglected, or dependent child
into custody pursuant to division (A)(3) of this section, a
juvenile judge or a designated referee may grant by telephone an
ex parte emergency order authorizing the taking of the child into
custody if there is probable cause to believe that any of the
conditions set forth in divisions (A)(3)(a) to (c) of this
section are present. The judge or referee shall journalize any
ex parte emergency order issued pursuant to this division. If an
order is issued pursuant to this division and the child is taken
into custody pursuant to the order, a sworn complaint shall be
filed with respect to the child before the end of the next
business day after the day on which the child is taken into
custody and a hearing shall be held pursuant to division (E) of
this section and the Juvenile Rules. A juvenile judge or referee
shall not grant an emergency order by telephone pursuant to this
division until after the judge or referee determines that
reasonable efforts have
been made to notify the parents, guardian, or custodian of the
child that the child may be placed into shelter care and of the
reasons for placing the child into shelter care, except that, if
the requirement for notification would jeopardize the physical or
emotional safety of the child or result in the child being
removed from the court's jurisdiction, the judge or referee may
issue the order for taking the child into custody and placing the
child into shelter care prior to giving notice to the parents,
guardian, or custodian of the child. (E) If a judge or referee pursuant to division (D) of this
section issues an ex parte emergency order for taking a child
into custody, the court shall hold a hearing to determine whether
there is probable cause for the emergency order. The hearing
shall be held before the end of the next business day after the
day on which the emergency order is issued, except that it shall
not be held later than seventy-two hours after the emergency
order is issued. If the court determines at the hearing that there is not
probable cause for the issuance of the emergency order issued
pursuant to division (D) of this section, it shall order the
child released to the custody of the child's parents,
guardian, or
custodian. If the court determines at the hearing that there is
probable cause for the issuance of the emergency order issued
pursuant to division (D) of this section, the court shall do all
both
of the following: (1) Ensure that a complaint is filed or has been filed; (2) Hold a hearing pursuant to section 2151.314 of the
Revised Code to determine if the child should remain in shelter
care; (3) At the hearing held pursuant to section 2151.314 of
the Revised Code, make the determination and issue the written
finding of facts required by section 2151.419 of the
Revised Code.
(F) If the court determines at the hearing held pursuant
to division (E) of this section that there is probable cause to
believe that the child is an abused child, as defined in division
(A) of section 2151.031 of the Revised Code, the court may do any
of the following: (1) Upon the motion of any party, the guardian ad litem,
the prosecuting attorney, or an employee of the public children
services
agency, or its own motion, issue
reasonable
protective orders with respect to the interviewing or deposition
of the child; (2) Order that the child's testimony be videotaped for
preservation of the testimony for possible use in any other
proceedings in the case; (3) Set any additional conditions with respect to the
child or the case involving the child that are in the best
interest of the child. (G) This section is not intended, and shall not be
construed, to prevent any person from taking a child into
custody, if taking the child into custody is necessary in an
emergency to prevent the physical injury, emotional harm, or
neglect of the child. Sec. 2151.314. (A) When a child is brought before the
court or delivered to a place of detention or shelter care
designated by the court, the intake or other authorized officer
of the court shall immediately make an investigation and shall
release the child unless it appears that the child's detention or
shelter care is warranted or required under section 2151.31 of the
Revised Code. If the child is not so released, a complaint under section 2151.27
of the Revised Code shall be filed and an informal detention or
shelter care hearing held promptly, not later than seventy-two
hours after the child is placed in detention or shelter care, to
determine whether detention or shelter care is required. Reasonable oral or
written notice of the time, place, and purpose
of the detention or shelter care hearing shall be given to the
child and, if they can be found, to the child's parents, guardian,
or custodian. In cases in which the complaint alleges a child to
be an abused, neglected, or dependent child, the notice given the parents,
guardian, or custodian shall inform them that a case plan may be prepared
for the child, the general requirements usually contained in case plans, and
the possible consequences of the failure to comply with a journalized case
plan. Prior to the hearing, the court shall inform the
parties of their right to counsel and to appointed counsel or to
the services of the county public defender or joint county public
defender, if they are indigent, of the child's right to remain
silent with respect to any allegation of delinquency, and of the
name and telephone number of a court employee who can be
contacted during the normal business hours of the court to
arrange for the prompt appointment of counsel for any party who
is indigent. Unless it appears from the hearing that the child's
detention or shelter care is required under the provisions of
section 2151.31 of the Revised Code, the court shall order the child's
release as provided by section 2151.311 of the Revised Code. If
a parent, guardian, or custodian has not been so notified and did
not appear or waive appearance at the hearing, upon the filing of
an affidavit stating these facts, the court shall rehear the
matter without unnecessary delay. (B) When the court conducts a hearing pursuant to division
(A) of this section, all both of the following apply: (1) The court shall determine whether an alleged abused,
neglected, or dependent child should remain or be placed in
shelter care; (2) The court shall determine whether there are any
relatives of the child who are willing to be temporary
custodians of the child. If any relative is willing to be a
temporary custodian, the child would otherwise be placed or
retained in shelter care, and the appointment is appropriate, the
court shall appoint the relative as temporary custodian of the
child, unless the court appoints another relative as temporary
custodian. If it determines that the appointment of a relative
as custodian would not be appropriate, it shall issue a written
opinion setting forth the reasons for its determination and give
a copy of the opinion to all parties and to the guardian ad litem
of the child. The court's consideration of a relative for appointment as
a temporary custodian does not make that relative a party to the
proceedings. (3) The court shall make the determination and issue the
written finding of facts required by section 2151.419
of the Revised Code.
(C) If a child is in shelter care following the filing of
a complaint pursuant to section 2151.27 of the Revised Code or
following a hearing held pursuant to division (A) of this
section, any party, including the public children services
agency, and the guardian ad litem of the child may
file a motion with the court requesting that the child be
released from shelter care. The motion shall state the reasons
why the child should be released from shelter care and, if a
hearing has been held pursuant to division (A) of this section,
any changes in the situation of the child or the parents,
guardian, or custodian of the child that have occurred since that
hearing and that justify the release of the child from shelter
care. Upon the filing of the motion, the court shall hold a
hearing in the same manner as under division (A) of this section. (D) Each juvenile court shall designate one court employee
to assist persons who are indigent in obtaining appointed
counsel. The court shall include in each notice given pursuant
to division (A) or (C) of this section and in each summons served
upon a party pursuant to this chapter, the name and telephone
number at which the designated employee can be contacted during
the normal business hours of the court to arrange for prompt
appointment of counsel for indigent persons. Sec. 2151.33. (A) Pending hearing of a complaint filed
under section 2151.27 of the Revised Code or a motion filed or
made under division (B) of this section and the service of
citations, the juvenile court may make any temporary disposition
of any child that it considers necessary to protect the best
interest of the child and that can be made pursuant to division
(B) of this section. Upon the certificate of one or more
reputable practicing physicians, the court may summarily provide
for emergency medical and surgical treatment that appears to be
immediately necessary to preserve the health and well-being of
any child concerning whom a complaint or an application for care
has been filed, pending the service of a citation upon the
child's parents, guardian, or custodian. The court may order the
parents, guardian, or custodian, if the court finds the parents,
guardian, or custodian able to do so, to reimburse the court for
the expense involved in providing the emergency medical or
surgical treatment. Any person who disobeys the order for
reimbursement may be adjudged in contempt of court and punished
accordingly. If the emergency medical or surgical treatment is furnished
to a child who is found at the hearing to be a nonresident of the
county in which the court is located and if the expense of the
medical or surgical treatment cannot be recovered from the
parents, legal guardian, or custodian of the child, the board of
county commissioners of the county in which the child has a legal
settlement shall reimburse the court for the reasonable cost of
the emergency medical or surgical treatment out of its general
fund. (B)(1) After a complaint, petition, writ, or other document
initiating a case dealing with an alleged or adjudicated abused,
neglected, or dependent child is filed and upon the filing or
making of a motion pursuant to division (C) of this section, the
court, prior to the final disposition of the case, may issue any
of the following temporary orders to protect the best interest of
the child: (a) An order granting temporary custody of the child to a
particular party; (b) An order for the taking of the child into custody
pursuant to section 2151.31 of the Revised Code pending the
outcome of the adjudicatory and dispositional hearings; (c) An order granting, limiting, or eliminating visitation
rights with respect to the child; (d) An order requiring a party to vacate a residence that
will be lawfully occupied by the child; (e) An order requiring a party to attend an appropriate
counseling program that is reasonably available to that party; (f) Any other order that restrains or otherwise controls
the conduct of any party which conduct would not be in the best
interest of the child. (2) Prior to the final disposition of a case subject to division
(B)(1) of this section, the court shall do both of the following: (a) Issue an order pursuant to sections 3113.21 to 3113.219
of the Revised Code requiring the parents, guardian, or person charged with
the child's
support to pay support for the child. (b) Issue an order requiring the parents, guardian, or person
charged with the child's support to continue to maintain any
health insurance coverage for the child that existed at the
time of the filing of the complaint, petition, writ, or other document, or to
obtain health insurance coverage in accordance with
section 3113.217 of the Revised
Code. (C)(1) A court may issue an order pursuant to division (B)
of this section upon its own motion or if a
party files a written motion or makes an oral motion requesting
the issuance of the order and stating the reasons for it. Any
notice sent by the court as a result of a motion pursuant to this division
shall contain a notice
that any party to a juvenile proceeding has the right to be
represented by counsel and to have appointed
counsel if the person is indigent. (2) If a child is taken into custody pursuant to section
2151.31 of the Revised Code and placed in shelter care, the
public children services agency or private child placing agency
with which the child is placed in shelter care shall file or make
a motion as described in division (C)(1) of this section before
the end of the next day immediately after the date on
which the child was taken into custody and, at a minimum, shall
request an order for temporary custody under division
(B)(1)(a) of this section. (3) Any court that issues an order pursuant to division
(B)(1)(b) of this section shall make the determination and
issue the written finding of facts required by section
2151.419 of the Revised Code.
(D) The court may
grant an ex parte order upon its own motion or a motion filed or made
pursuant to division (C) of this section requesting such an order
if it appears to the court
that the best interest and the welfare of the child require that
the court issue the order immediately. The court, if acting
on its own motion, or the person requesting the granting of
an ex parte order, to the extent possible, shall give notice of
its intent or of the request to the parents, guardian, or
custodian of the child who is the subject of the request. If the
court issues an ex parte order, the
court shall hold a hearing to review the order within seventy-two
hours after it is issued or before the end of the next
day after the day on which it is issued, whichever occurs first. The court
shall give written notice of the hearing to all parties
to the action and shall appoint a guardian ad litem for the child
prior to the hearing. The written notice shall be given by all means that are
reasonably likely to result in the party receiving actual notice
and shall include all of the following: (1) The date, time, and location of the hearing; (2) The issues to be addressed at the hearing; (3) A statement that every party to the hearing has a
right to counsel and to court-appointed counsel, if the party is
indigent; (4) The name, telephone number, and address of the person
requesting the order; (5) A copy of the order, except when it is not possible to
obtain it because of the exigent circumstances in the case. If the court does not grant an ex parte order pursuant to a
motion filed or made pursuant to division (C) of this section
or its own motion, the court shall hold a shelter care
hearing on the motion within ten days after the motion is filed.
The court shall give notice of the hearing to all affected
parties in the same manner as set forth in the Juvenile Rules. (E) The court, pending the outcome of the adjudicatory and
dispositional hearings, shall not issue an order granting
temporary custody of a child to a public children services agency
or private child placing agency pursuant to this section, unless
the court determines and specifically states in the order that
the continued residence of the child in the child's current home
will be contrary to the child's best interest and welfare and makes the
determination and issues the written finding of facts required by
section 2151.419 of the Revised Code. (F) Each public children services agency and private child
placing agency that receives temporary custody of a child
pursuant to this section shall maintain in the child's case
record written documentation that it has placed the child, to the
extent that it is consistent with the best interest, welfare, and
special needs of the child, in the most family-like setting
available and in close proximity to the home of the parents,
custodian, or guardian of the child. (G) For good cause shown, any court order that is issued
pursuant to this section may be reviewed by the court at any time
upon motion of any party to the action or upon the motion of the
court. Sec. 2151.353. (A) If a child is adjudicated an abused,
neglected, or dependent child, the court may make any of the
following orders of disposition: (1) Place the child in protective supervision; (2) Commit the child to the temporary custody of a public
children services agency, a private child placing agency, either
parent, a relative residing within or outside the state, or a
probation officer for placement in a certified family foster
home or in any other home approved by the court; (3) Award legal custody of the child to either parent or
to any other person who, prior to the dispositional hearing,
files a motion requesting legal custody of the child; (4) Commit the child to the permanent custody of a public
children services agency or private child placing agency, if the
court determines in accordance with division (E) of section
2151.414 of the Revised Code that the child cannot be placed with
one of the child's parents within a reasonable time or should not be
placed with either parent and determines in accordance with
division (D) of section 2151.414 of the Revised Code that the
permanent commitment is in the best interest of the child. If
the court grants permanent custody under this division, the
court, upon the request of any party, shall file a written
opinion setting forth its findings of fact and conclusions of law
in relation to the proceeding. (5) Place the child in long-term family foster care a planned
permanent living arrangement with a
public children services agency or private child placing agency,
if a public children services agency or private child placing
agency requests the court to place the child in long-term family
foster care a planned permanent living arrangement and if the court
finds, by clear and convincing
evidence, that long-term foster care a planned permanent living
arrangement is in the best interest of
the child and that one of the following exists: (a) The child, because of physical, mental, or
psychological problems or needs, is unable to function in a
family-like setting and must remain in residential or
institutional care;. (b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative;. (c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available to the
child, is unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing the child for independent living. (6) Order the removal from the child's
home until further order of the court of the person who committed
abuse as described in section 2151.031 of the Revised
Code against the child, who caused or allowed the child
to suffer neglect as described in section 2151.03 of the
Revised Code, or who is the parent, guardian,
or custodian of a child who is adjudicated a dependent child and
order any person not to have contact with the child or the
child's siblings. (B) No order for permanent custody or temporary custody of
a child or the placement of a child in long-term foster care a
planned permanent living arrangement
shall be made pursuant to this section unless the complaint
alleging the abuse, neglect, or dependency contains a prayer
requesting permanent custody, temporary custody, or the placement
of the child in long-term foster care a planned permanent living
arrangement as desired, the summons
served on the parents of the child contains as is appropriate a
full explanation that the granting of an order for permanent
custody permanently divests them of their parental rights, a full
explanation that an adjudication that the child is an abused,
neglected, or dependent child may result in an order of temporary
custody that will cause the removal of the child from their legal
custody until the court terminates the order of temporary custody
or permanently divests the parents of their parental rights, or a
full explanation that the granting of an order for long-term
foster care a planned permanent living arrangement
will result in the removal of the child from their
legal custody if any of the conditions listed in divisions
(A)(5)(a) to (c) of this section are found to exist, and the
summons served on the parents contains a full explanation of
their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent. If after making disposition as authorized by division
(A)(2) of this section, a motion is filed that requests permanent
custody of the child, the court may grant permanent custody of
the child to the movant in accordance with section 2151.414 of
the Revised Code. (C) If the court issues an order for protective
supervision pursuant to division (A)(1) of this section, the
court may place any reasonable restrictions upon the child, the
child's parents, guardian, or custodian, or any other person,
including, but not limited to, any of the following: (1) Order a party, within forty-eight hours after the
issuance of the order, to vacate the child's home indefinitely or
for a specified period of time; (2) Order a party, a parent of the child, or a physical
custodian of the child to prevent any particular person from
having contact with the child; (3) Issue an order restraining or otherwise controlling
the conduct of any person which conduct would not be in the best
interest of the child. (D) As part of its dispositional order, the court shall
journalize a case plan for the child. The journalized case plan
shall not be changed except as provided in section 2151.412 of
the Revised Code. (E)(1) The court shall retain jurisdiction over any child
for whom the court issues an order of disposition pursuant to
division (A) of this section or pursuant to section 2151.414 or
2151.415 of the Revised Code until the child attains the age of
eighteen if the child is not mentally
retarded, developmentally disabled, or physically impaired,
the child attains the age of twenty-one if the child is mentally
retarded, developmentally disabled, or
physically impaired, or the child is adopted and a final
decree of adoption is issued, except that the court may retain
jurisdiction over the child and continue any order of disposition
under division (A) of this section or under section 2151.414 or
2151.415 of the Revised Code for a specified period of time to
enable the child to graduate from high school or vocational
school. The court shall make an entry continuing its
jurisdiction under this division in the journal. (2) Any public children services agency, any private child
placing agency, the department of human services, or any party,
other than any parent whose parental rights with respect to the
child have been terminated pursuant to an order issued under
division (A)(4) of this section, by filing a motion with the
court, may at any time request the court to modify or terminate
any order of disposition issued pursuant to division (A) of this
section or section 2151.414 or 2151.415 of the Revised Code. The
court shall hold a hearing upon the motion as if the hearing were
the original dispositional hearing and shall give all parties to
the action and the guardian ad litem notice of the hearing
pursuant to the Juvenile Rules. If applicable, the court shall comply with
section 2151.42 Of the Revised Code. (F) Any temporary custody order issued pursuant to
division (A) of this section shall terminate one year after the
earlier of the date on which the complaint in the case was filed
or the child was first placed into shelter care, except that,
upon the filing of a motion pursuant to section 2151.415 of the
Revised Code, the temporary custody order shall continue and not
terminate until the court issues a dispositional order under that
section. (G)(1) No later than one year after the earlier of the date the
complaint in the case was filed or the child was first placed in shelter care,
a party may ask the court to extend an order for protective supervision for
six months or to terminate the order. A party requesting extension or
termination of the order shall file a written request for the extension or
termination with the court and give notice of the proposed extension or
termination in writing before the end of the day after the day of filing it to
all parties and the child's guardian ad litem. If a public children services
agency or private child placing agency requests termination of the order, the
agency shall file a written status report setting out the facts supporting
termination of the order at the time it files the request with the court. If
no party requests extension or termination of the order, the court shall
notify the parties that the court will extend the order for six months or
terminate it and that it may do so without a hearing unless one of the parties
requests a hearing. All parties and the guardian ad litem shall have seven
days from the date a notice is sent pursuant to this division to object to and
request a hearing on the proposed extension or termination. (a) If it receives a timely request for a hearing, the court
shall schedule a hearing to be held no later than thirty days after the
request is received by the court. The court shall give notice of the date,
time, and location of the hearing to all parties and the guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall extend the order for six months. (b) If it does not receive a timely request for a hearing, the
court may extend the order for six months or terminate it without a hearing
and shall journalize the order of extension or termination not later than
fourteen days after receiving the request for extension or termination or
after the date the court notifies the parties that it will extend or terminate
the order. If the court does not extend or terminate the order, it shall
schedule a hearing to be held no later than thirty days after the expiration
of the applicable fourteen-day time period and give notice of the date, time,
and location of the hearing to all parties and the child's guardian ad litem.
At the hearing, the court shall determine whether extension or termination of
the order is in the child's best interest. If termination is in the child's
best interest, the court shall terminate the order. If extension is in the
child's best interest, the court shall issue an order extending the order for
protective supervision six months. (2) If the court grants an extension of the order for protective
supervision pursuant to division (G)(1) of this section, a party may,
prior to termination of the extension, file with the court a request for an
additional extension of six months or for termination of the order. The court
and the parties shall comply with division (G)(1) of this section
with respect to extending or terminating the order. (3) If a court grants an extension pursuant to division (G)(2) of
this section, the court shall terminate the order for protective supervision
at the end of the extension. (H) The court shall not issue a dispositional order
pursuant to division (A) of this section that removes a child
from the child's home unless the court makes the
determination required by complies with section 2151.419 of the
Revised Code and includes in
the dispositional order the finding findings of facts
fact required by that section. (I) If a motion or application for an order
described in division (A)(6) of this section is made,
the court shall not issue the order unless, prior to the issuance
of the order, it provides to the person all of the following: (1) Notice and a copy of the motion or application; (2) The grounds for the motion or application; (3) An opportunity to present evidence and witnesses at a
hearing regarding the motion or application; (4) An opportunity to be represented by counsel at the
hearing. (J) The jurisdiction of the court
shall terminate one year after the date of the award or, if the
court takes any further action in the matter subsequent to the
award, the date of the latest further action subsequent to the
award, if the court awards legal custody of a child to either of the
following: (1) A legal custodian who, at the time of the award of legal custody, resides
in a county of this state other than the county in which the court is located; (2) A legal custodian who resides in the county in which the court is located
at the time of the award of legal custody, but moves to a different county of
this state prior to one year after the date of the award or, if the court
takes any further action in the matter subsequent to the award, one year after
the date of the latest further action subsequent to the award. The court in the county in which the legal custodian resides then shall have
jurisdiction in the matter. Sec. 2151.3514. (A) As used in this section: (1) "Alcohol and drug addiction program" has the same meaning as in
section 3793.01 Of the Revised Code; (2) "CHEMICAL DEPENDENCY" MEANS
either of the following: (a) The chronic and habitual use of
alcoholic beverages to the extent that the user no longer can
control the use of alcohol or endangers the user's health,
safety, or welfare or that of others; (b) The use of a drug of abuse to the
extent that the user becomes physically or psychologically
dependent on the drug or endangers the user's health, safety, or
welfare or that of others. (3) "Drug of abuse" has the same meaning as in section 3719.011 Of the Revised Code. (4) "Medicaid" means the program established under Chapter 5111.
Of the Revised Code. (B) If the juvenile
court issues an order of temporary custody or protective supervision under
division (A) of section 2151.353 of the
Revised Code
with respect to a child adjudicated to be an abused, neglected, or dependent
child and the alcohol or other drug addiction of a parent or other caregiver
of the child was the
basis for the adjudication of abuse, neglect, or dependency, the court shall
issue
an order requiring the parent or other caregiver to submit to
an assessment and, if needed, treatment from an alcohol and drug addiction
program certified by the department of alcohol and drug addiction services.
The court may
order the parent or other caregiver to submit to alcohol or other drug testing
during, after, or both during and after, the treatment. the court shall send
any order issued pursuant to this division to the public children services
agency that serves the county in which the court is located for use as
described in section 340.15 of the Revised Code. (C) Any
order requiring alcohol or other drug testing that is issued pursuant to
division (B) of this section
shall require one alcohol or other drug test to be conducted each month during
a period of
twelve
consecutive months beginning the month immediately following the month in
which
the order for alcohol or other drug testing is issued.
Arrangements for
administering the alcohol or other drug tests, as well as funding the costs of
the tests, shall be locally determined in accordance with sections 340.033 and
340.15 of the Revised Code. if a parent or other caregiver
required
to submit to alcohol or other drug tests under this section is not a recipient
of medicaid, the AGENCY that refers the parent or caregiver for the tests may
require the parent or caregiver to reimburse the agency for the cost of
conducting the tests. (D) The certified alcohol and drug
addiction program that conducts any alcohol or other drug tests ordered in
accordance with divisions (B) and
(C) of this section shall send the results of
the tests, along with the program's recommendations as to the benefits of
continued treatment, to the court and to the public children services agency
providing services to the involved family, according to federal regulations
set
forth in 42
C.F.R.
Part 2, and division (B) of section 340.15 of
the Revised Code. the court shall consider the results
and the recommendations sent to it under this division in any adjudication or
review by the court, according to section 2151.353, 2151.414, or 2151.419 of
the Revised Code. Sec. 2151.412. (A) Each public children services agency
and private child placing agency shall prepare and maintain a
case plan for any child to whom the agency is providing services
and to whom any of the following applies: (1) The agency filed a complaint pursuant to section
2151.27 of the Revised Code alleging that the child is an abused,
neglected, or dependent child; (2) The agency has temporary or permanent custody of the
child; (3) The child is living at home subject to an order for
protective supervision; (4) The child is in long-term foster care a planned permanent
living arrangement. Except as provided by division (A)(2) of section 5103.153 of the Revised Code,
a private child placing agency providing services to a child who is the
subject of a voluntary permanent custody surrender agreement entered into
under division (B)(2) of section 5103.15 of the Revised Code is not required
to prepare and maintain a case plan for that child. (B)(1) The department of human services shall adopt rules
pursuant to Chapter 119. of the Revised Code setting forth the
content and format of case plans required by division (A) of this
section and establishing procedures for developing, implementing,
and changing the case plans. The rules shall at a minimum comply
with the requirements of Title IV-E of the "Social Security Act,"
94 Stat. 501, 42 U.S.C. 671 (1980), as amended. (2) The department of human services shall adopt rules
pursuant to Chapter 119. of the Revised Code requiring public
children services agencies and private child placing agencies to
maintain case plans for children and their families who are
receiving services in their homes from the agencies and for whom
case plans are not required by division (A) of this section. The
agencies shall maintain case plans as required by those rules;
however, the case plans shall not be subject to any other
provision of this section except as specifically required by the
rules. (C) Each public children services agency and private child
placing agency that is required by division (A) of this section
to maintain a case plan shall file the case plan with the court
prior to the child's adjudicatory hearing but no later than
thirty days after the earlier of the date on which the complaint
in the case was filed or the child was first placed into shelter
care. If the agency does not have sufficient information prior
to the adjudicatory hearing to complete any part of the case
plan, the agency shall specify in the case plan the additional
information necessary to complete each part of the case plan and
the steps that will be taken to obtain that information. All
parts of the case plan shall be completed by the earlier of
thirty days after the adjudicatory hearing or the date of the
dispositional hearing for the child. (D) Any agency that is required by division (A) of this
section to prepare a case plan shall attempt to obtain an
agreement among all parties, including, but not limited to, the
parents, guardian, or custodian of the child and the guardian ad
litem of the child regarding the content of the case plan. If
all parties agree to the content of the case plan and the court
approves it, the court shall journalize it as part of its
dispositional order. If the agency cannot obtain an agreement
upon the contents of the case plan or the court does not approve
it, the parties shall present evidence on the contents of the
case plan at the dispositional hearing. The court, based upon
the evidence presented at the dispositional hearing and the best
interest of the child, shall determine the contents of the case
plan and journalize it as part of the dispositional order for the
child. (E)(1) All parties, including the parents, guardian, or custodian
of the child, are bound by the terms of the journalized case plan.
A party that fails to comply with the terms of the journalized case plan
may be held in contempt of court. (2) Any party may propose a change
to a substantive part of the case
plan, including, but not limited to, the child's placement and
the visitation rights of any party. A party proposing a
change to the case plan shall file
the proposed change with the court and give notice of the proposed change in
writing before the end of the day after the day of filing it to all parties
and the child's guardian ad litem. All parties and the
guardian ad litem shall have seven days from the date the notice
is sent to object to and request a hearing on the proposed
change. (a) If it receives a timely request for a hearing, the
court shall schedule a hearing pursuant to section 2151.417 of
the Revised Code to be held no later than
thirty days after the request is received by the court. The
court shall give notice of the date, time, and location of the
hearing to all parties and the guardian ad litem. The agency may implement
the proposed change after the hearing, if the court approves it. The agency
shall not implement the proposed change
unless it is approved by the court. (b) If it does not receive a timely request for a hearing, the court may
approve the proposed change without a hearing. If the court approves the
proposed change without
a hearing, it shall journalize the case plan with the change not
later than fourteen days after the change is filed with the
court. If the court does not approve the proposed change to the
case plan, it shall schedule a hearing to be held pursuant to
section 2151.417 of the Revised Code no later than thirty days
after the expiration of the fourteen-day time period and give
notice of the date, time, and location of the hearing to all
parties and the guardian ad litem of the child. If, despite the
requirements of division (E)(2) of this section, the court neither approves
and journalizes the
proposed change nor conducts a hearing, the agency may implement
the proposed change not earlier than fifteen days after it is
submitted to the court. (3) If an agency has reasonable cause to believe that a
child is suffering from illness or injury and is not receiving
proper care and that an appropriate change in the child's case
plan is necessary to prevent immediate or threatened physical or
emotional harm, to believe that a child is in immediate danger
from the child's surroundings and that an immediate change
in the child's
case plan is necessary to prevent immediate or threatened
physical or emotional harm to the child, or to believe that a
parent, guardian, custodian, or other member of the child's
household has abused or neglected the child and that the child is
in danger of immediate or threatened physical or emotional harm
from that person unless the agency makes an appropriate change in
the child's case plan, it may implement the change without prior
agreement or a court hearing and, before the end of the next
day after the change is made, give all parties, the
guardian ad litem of the child, and the court notice of the
change. Before the end of the third day after implementing the
change in the case plan, the agency
shall file a statement of the change with the court and give notice of the
filing accompanied by a copy of the statement to all parties and the guardian
ad litem. All parties and the guardian ad litem shall have ten days from the
date the notice is sent to object to and request a hearing on the change. (a) If it receives a timely request for a hearing, the court
shall schedule a hearing pursuant to section 2151.417 of the
Revised Code to be held no later than thirty
days after the request is received by the court. The court shall
give notice of the date, time, and location of the hearing to all
parties and the guardian ad litem. The agency shall continue to administer
the case plan with the change after the hearing, if the court approves the
change. If the court does not approve the change, the court shall make
appropriate changes to the case plan and shall journalize the case plan. (b) If it does not receive a timely request for a hearing,
the court may approve the change without a hearing. If the court
approves the change without a hearing, it shall
journalize the case plan with the change within fourteen days
after receipt of the change. If the court does not approve the
change to the case plan, it shall schedule a hearing under
section 2151.417 of the Revised Code to be held no later than
thirty days after the expiration of the fourteen-day time period
and give notice of the date, time, and location of the hearing to
all parties and the guardian ad litem of the child. (F)(1) All case plans for children in temporary custody
shall have the following general goals: (a) Consistent with the best interest and special needs of
the child, to achieve an a safe out-of-home placement
in the least
restrictive, most family-like setting available and in close
proximity to the home from which the child was removed or the
home in which the child will be permanently placed; (b) To do either of the following: (i) With all due speed eliminate with all due speed the need
for the
out-of-home placement so that the child can safely return home;
(ii) If return to the child's home is not imminent and
desirable, develop and implement an alternative permanent living
arrangement for the child.
(2) The department of human services shall adopt rules
pursuant to Chapter 119. of the Revised Code setting forth the
general goals of case plans for children subject to dispositional
orders for protective supervision, long-term foster care a planned
permanent living arrangement, or
permanent custody. (G) In the agency's development of a case plan and the
court's review of the case plan, the child's health and safety shall be the
paramount concern. The agency and the court shall
be guided by the following general priorities: (1) A child who is residing with or can be placed with the
child's parents within a reasonable time should remain in their legal
custody even if an order of protective supervision is required
for a reasonable period of time; (2) If both parents of the child have abandoned the child,
have relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable
assistance, or have a detrimental effect on the health, safety,
and best interest of the child, the child should be placed in the
legal custody of a suitable member of the child's extended family; (3) If a child described in division (G)(2) of this
section has no suitable member of the child's extended
family to accept
legal custody, the child should be placed in the legal custody of
a suitable nonrelative who shall be made a party to the
proceedings after being given legal custody of the child; (4) If the child has no suitable member of the child's
extended
family to accept legal custody of the child and no suitable
nonrelative is available to accept legal custody of the child
and, if the child temporarily cannot or should not be placed with
the child's parents, guardian, or custodian, the child
should be placed
in the temporary custody of a public children services agency or
a private child placing agency; (5) If the child cannot be placed with either of the
child's
parents within a reasonable period of time or should not be
placed with either, if no suitable member of the child's extended
family or suitable nonrelative is available to accept legal
custody of the child, and if the agency has a reasonable
expectation of placing the child for adoption, the child should
be committed to the permanent custody of the public children
services agency or private child placing agency; (6) If the child is to be placed for adoption or foster care, the
placement shall not be delayed or denied solely on the basis of the
child's
or adoptive or foster family's race, color, or national origin. (H) The case plan for a child in temporary custody shall
include at a minimum the following requirements if the child is
or has been the victim of abuse or neglect or if the child
witnessed the commission in the child's household of abuse or
neglect against a sibling of the child, a parent of the child, or
any other person in the child's household: (1) A requirement that the child's parents, guardian, or
custodian participate in mandatory counseling; (2) A requirement that the child's parents, guardian, or
custodian participate in any supportive services that are
required by or provided pursuant to the child's case plan. (I) A case plan may include, as a supplement, a plan for locating
a permanent family placement. The supplement shall not be considered part of
the case plan for purposes of division (D) of this section. Sec. 2151.413. (A) A public children services agency or
private child placing agency that, pursuant to an order of
disposition under division (A)(2) of section 2151.353 of the
Revised Code or under any version of section 2151.353 of the
Revised Code that existed prior to January 1, 1989, is granted temporary
custody of a child who is not abandoned or orphaned or of an abandoned
child
whose parents have been located may file a motion in the court
that made the disposition of the child requesting permanent
custody of the child. (B) A public children services agency or private child
placing agency that, pursuant to an order of disposition under
division (A)(2) of section 2151.353 of the Revised Code or under
any version of section 2151.353 of the Revised Code that existed
prior to January 1, 1989, is
granted temporary custody of a child who is abandoned or orphaned
may file a motion in the court that made the disposition of the
child requesting permanent custody of the child, if the child is
abandoned, whenever it can show the court that the parents cannot
be located and, if the child is orphaned, whenever it can show
that no relative of the child is able to take legal custody of
the child. (C) A public children services agency or private child placing agency
that, pursuant to an order of disposition under division (A)(5) of
section 2151.353 of the Revised Code, places a child in
long-term foster care a planned permanent living arrangement may
file a motion in the court that made the disposition
of the child requesting permanent custody of the child. (D)(1) Except as provided in division (D)(3) of this
section, if
a child has been in temporary custody for twelve or more months
of a consecutive twenty-two month PERIOD ending on or after the
effective date of this amendment pursuant to an order of
DISPOSITION THAT WAS issued under division
(a)(2) of section 2151.353 of
the Revised Code or pursuant to an order
that extends temporary custody and was issued prior to the
effective date of this amendment under division
(d) of section 2151.415 of the
Revised Code, the
public children services agency or private child placing agency with custody
shall file a motion requesting permanent custody of the child. The motion
shall be filed in
the court that issued the order of disposition. (2) Except as provided in division
(D)(3) of this section, if a
court makes a determination pursuant to division
(A)(2) of section 2151.419 of
the Revised
Code, the public children
services agency or private child placing agency required to develop
the permanency plan for the child under division
(K) of section 2151.417 of the
Revised
Code shall file a motion in the
court that made the determination requesting permanent custody
of the child. (3) An agency shall not file a motion for permanent custody under
division (D)(1) or (2) of this section if any of the following apply: (a) The agency documents in the case plan
or permanency plan a compelling reason that permanent custody is not in the
best interest of the child. (b) If reasonable efforts to return the child to the child's home
are required under section 2151.419 Of the Revised Code, the agency has not provided the
services required by the case plan to the parents of the child or the child to
ensure the safe return of the child to the child's home. (c) The agency has been granted permanent custody of the child. (d) The child has been returned home pursuant to court order in
accordance with division (A)(3) of section 2151.419 Of the Revised Code. (E) Any agency
that files a motion for permanent custody
under this section shall include in the case plan of the child
who is the subject of the motion, a specific plan of the agency's
actions to seek an adoptive family for the child and to prepare
the child for adoption. (F) the department of human services
may adopt rules pursuant to
chapter 119. of the
Revised Code that set forth the time
frames for case reviews and FOR filing a motion REQUesting
permanent custody under division
(D)(1) of this section. Sec. 2151.414. (A)(1) Upon the filing of a motion pursuant
to section 2151.413 of the Revised Code for permanent custody of
a child by a public children services agency or private child
placing agency that has temporary custody of the child or has placed the
child in long-term foster care, the court
shall schedule a hearing and give notice of the filing of the
motion and of the hearing, in accordance with section 2151.29 of
the Revised Code, to all parties to the action and to the child's
guardian ad litem. The notice also shall contain a full
explanation that the granting of permanent custody permanently
divests the parents of their parental rights, a full explanation
of their right to be represented by counsel and to have counsel
appointed pursuant to Chapter 120. of the Revised Code if they
are indigent, and the name and telephone number of the court
employee designated by the court pursuant to section 2151.314 of
the Revised Code to arrange for the prompt appointment of counsel
for indigent persons. The court shall conduct a hearing in
accordance with section 2151.35 of the Revised Code to determine
if it is in the best interest of the child to permanently
terminate parental rights and grant permanent custody to the
agency that filed the motion. The adjudication that the child is
an abused, neglected, or dependent child and the grant of
temporary custody to the agency that filed the motion or placement into
long-term foster care any dispositional order that has been issued in
the case under section 2151.353 Of the Revised Code pursuant to the adjudication
shall not be readjudicated at the hearing and shall
not be affected by a
denial of the motion for permanent custody. (2) The court shall hold the hearing scheduled
pursuant to division (A)(1) of this section not later
than one hundred twenty days after the agency files the motion for permanent
custody, except that, for good cause shown, the court may
continue the hearing for a reasonable period of time beyond the
one-hundred-twenty-day deadline. The court shall issue an
order that grants, denies, or otherwise disposes of the motion
for permanent custody, and journalize the order, not later than two hundred
days after the agency files the motion. If a motion is made under division
(D)(2) of section 2151.413 of
the Revised
Code and no dispositional
hearing has been held in the case, the court may hear the motion
in the dispositional hearing required by
division (B) of section
2151.35 of the Revised
Code. If the court issues an
order pursuant to section 2151.353 of the
Revised
Code granting permanent custody
of the child to the agency, the court shall immediately dismiss
the motion made under division
(D)(2) of section 2151.413 of
the Revised
Code. The failure of the court to comply with the time periods set
forth in division (A)(2) of this section does not affect
the authority of the court to issue any order under this chapter
and does not provide any basis for attacking the jurisdiction of
the court or the validity of any order of the court. (B) The (1) Except as provided in division
(B)(2) of this section, the court may grant permanent custody of
a child to a
movant if the court determines at the hearing held pursuant to
division (A) of this section, by clear and convincing evidence,
that it is in the best interest of the child to grant permanent
custody of the child to the agency that filed the motion for
permanent custody and that any of the following apply: (1)(a) The child is not abandoned or orphaned or has not
been in the
temporary custody of a public children services agency or private child
placing agency under one or more separate orders of disposition issued under
section 2151.353 or 2151.415 Of the Revised Code for twelve or more months of a consecutive
twenty-two month
period ending on or after the effective date of this amendment, and
the child
cannot be placed with either of the child's parents within a
reasonable time or should not be placed with the child's
parents;.
(2)(b) The child is abandoned and the parents cannot be
located;.
(3)(c) The child is orphaned, and there are no
relatives of
the child who are able to take permanent custody.
(d) The child has been in the temporary custody of a public
children services agency or private child placing agency under one or more
separate orders of disposition issued under section 2151.353 Of the Revised Code for twelve
or more
months of a consecutive twenty-two month period ending on or after the
effective date of this amendment. (2) With respect to a motion made pursuant to division
(D)(2) of section 2151.413 of
the Revised
Code, the court shall grant
permanent custody of the child to the movant if the court
determines in accordance with division
(E) of this section that the
child cannot be placed with one of the child's parents within a
reasonable time or should not be placed with either parent and
determines in accordance with division
(D) of this section that
permanent custody is in the child's best interest. (C) In making the determinations required by this section
or division (A)(4) of section 2151.353 of the Revised Code, a
court shall not consider the effect the granting of permanent
custody to the agency would have upon any parent of the child. A
written report of the guardian ad litem of the child shall be
submitted to the court prior to or at the time of the hearing
held pursuant to division (A) of this section or section 2151.35
of the Revised Code but shall not be submitted under oath. If the court grants permanent custody of a child to a
movant under this division, the court, upon the request of any
party, shall file a written opinion setting forth its findings of
fact and conclusions of law in relation to the proceeding. The
court shall not deny an agency's motion for permanent custody
solely because the agency failed to implement any particular
aspect of the child's case plan. (D) In determining the best interest of a child at a
hearing held pursuant to division (A) of this section or for the
purposes of division (A)(4) or (5) of section 2151.353 or
division
(C) of section 2151.415 of the
Revised Code, the court shall consider all
relevant factors, including, but not limited to, the following: (1) The interaction and interrelationship of the child
with the child's parents, siblings, relatives, foster parents and
out-of-home providers, and any other person who may significantly
affect the child; (2) The wishes of the child, as expressed directly by the
child or through the child's guardian ad litem, with due
regard for the maturity of the child; (3) The custodial history of the child, including whether the child
has been in the temporary custody of a public children services agency or
private child placing agency under one or more separate orders of disposition
issued under section 2151.353 or 2151.415 Of the Revised Code for twelve or more months of a
consecutive
twenty-two month period ending on or after the effective date of this
amendment; (4) The child's need for a legally secure permanent
placement and whether that type of placement can be achieved
without a grant of permanent custody to the agency; (5) Whether any of the factors in divisions (E)(7) to (12) of
this
section apply in relation to the parents and child. (E) In determining at a hearing held pursuant to division
(A) of this section or for the purposes of division (A)(4) of
section 2151.353 of the Revised Code whether a child cannot be
placed with either parent within a
reasonable period of time or should not be placed with the
parents, the court shall consider all relevant evidence. If the court
determines, by
clear and convincing evidence, at a hearing held pursuant to
division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code that one or more of the
following exist as to each of the child's parents, the court shall enter a
finding that the child cannot be placed with either parent within a
reasonable time or should not be placed with either
parent: (1) Following the placement of the child outside the child's home
and notwithstanding reasonable case planning and diligent efforts
by the agency to assist the parents to remedy the problems that
initially caused the child to be placed outside the home, the
parent has failed continuously and repeatedly to substantially remedy the
conditions causing the child to be placed outside the child's home. In
determining whether the
parents have substantially remedied those conditions, the court
shall consider parental utilization of medical, psychiatric,
psychological, and other social and rehabilitative services and
material resources that were made available to the parents for
the purpose of changing parental conduct to allow them to resume
and maintain parental duties. (2) Chronic mental illness, chronic emotional illness, mental retardation,
physical disability, or chemical dependency of the parent that is so severe
that it makes the parent unable to provide an adequate permanent home for
the child at the present time and,
as anticipated, within one year after the court holds the hearing pursuant
to division (A) of this section or for the purposes of division
(A)(4) of section 2151.353 of the Revised Code; (3) The parent committed any abuse as described in section
2151.031 of the Revised Code against the child, caused the child
to suffer any neglect as described in section 2151.03 of the
Revised Code, or allowed the child to suffer any neglect as
described in section 2151.03 of the Revised Code between the date
that the original complaint alleging abuse or neglect was filed
and the date of the filing of the motion for permanent custody; (4) The parent has demonstrated a lack of commitment
toward the child by failing to regularly support, visit, or
communicate with the child when able to do so, or by other
actions showing an unwillingness to provide an adequate permanent
home for the child; (5) The parent is incarcerated for an offense committed
against the child or a sibling of the child; (6) The parent violated has been convicted of or pleaded guilty to
an offense under division (A) or (C) of section 2919.22
or under section 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.03, 2905.04, 2905.05, 2907.02,
2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, or 3716.11 of the
Revised Code and the child or a sibling of the child was a
victim of the violation offense or the parent violated
has been convicted of or pleaded guilty to an offense under section
2903.01, 2903.02,
2903.03, or 2903.04 of the Revised Code, a sibling of the
child was the victim of the violation offense, and the parent
who committed the
violation offense poses an ongoing danger to the child or a
sibling of the child. (7) The parent has
been convicted of or pleaded guilty to one of the
following: (a) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense; (b) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (c) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense; (d) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (e) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (E)(7)(a) or (d)
of this
section. (8) The parent has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food, and, in the
case of withheld medical treatment, the parent withheld it for a purpose other
than
to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone in accordance with the
tenets of a recognized religious body. (9) The parent has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 Of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring
treatment of the parent. (10) The parent has abandoned the
child. (11) The parent has had parental
rights terminated pursuant to section 2151.353, 2151.414, or 2151.415 Of the Revised Code
with respect to a sibling of the child. (12) The parent is incarcerated at the time of the filing
of the motion for permanent custody or the dispositional hearing
of the child and will not be available to care for the child for
at least eighteen months after the filing of the motion for
permanent custody or the dispositional hearing;. (8)(13) The parent is repeatedly incarcerated, and
the
repeated
incarceration prevents the parent from providing care for the
child;.
(9)(14) The parent for any reason is unwilling to provide
food, clothing, shelter, and other basic necessities for the
child or to prevent the child from suffering physical, emotional,
or sexual abuse or physical, emotional, or mental neglect;.
(10)(15) The parent has committed abuse as described in
section 2151.031 of the Revised Code against the child or
caused or allowed the child to suffer neglect as described in section 2151.03
of the Revised Code, and the court determines that the
seriousness, nature, or likelihood of recurrence of the abuse or neglect makes
the child's placement with the child's parent a threat to the child's
safety;
(11) The parent committed abuse as described in section
2151.031 of the
Revised Code against the child or caused or allowed the
child to suffer neglect as described in section 2151.03 of the
Revised Code and a sibling of the child previously has been
permanently removed from the home of the child's parents because the parent
abused or neglected the sibling.
(12)(16) Any other factor the court considers relevant.
(F) The parents of a child for whom the court has issued
an order granting permanent custody pursuant to this section,
upon the issuance of the order, cease to be parties to the
action. This division is not intended to eliminate or restrict
any right of the parents to appeal the granting of permanent
custody of their child to a movant pursuant to this section. Sec. 2151.415. (A) Any
Except for cases in which a
motion for
permanent custody described in division (D)(1) of section 2151.413
Of the Revised Code is required to be made, a
public children services agency or
private child placing agency that has been given temporary
custody of a child pursuant to section 2151.353 of the Revised
Code, not later than thirty days prior to the earlier of the date
for the termination of the custody order pursuant to division (F)
of section 2151.353 of the Revised Code or the date set at the
dispositional hearing for the hearing to be held pursuant to this
section, shall file a motion with the court that issued the order
of disposition requesting that any of the following orders of
disposition of the child be issued by the court: (1) An order that the child be returned home and
the custody of the child's parents, guardian, or custodian
without any
restrictions; (2) An order for protective supervision; (3) An order that the child be placed in the legal custody
of a relative or other interested individual; (4) An order permanently terminating the parental rights
of the child's parents; (5) An order that the child be placed in long-term foster
care a planned permanent living arrangement; (6) In accordance with division (D) of this section, an
order for the extension of temporary custody. (B) Upon the filing of a motion pursuant to division (A)
of this section, the court shall hold a dispositional hearing on
the date set at the dispositional hearing held pursuant to
section 2151.35 of the Revised Code, with notice to all parties
to the action in accordance with the Juvenile Rules. After the
dispositional hearing or at a date after the dispositional
hearing that is not later than one year after the earlier of the
date on which the complaint in the case was filed or the child
was first placed into shelter care, the court, in accordance with
the best interest of the child as supported by the evidence
presented at the dispositional hearing, shall issue an order of
disposition as set forth in division (A) of this section, except
that all orders for permanent custody shall be made in accordance
with sections 2151.413 and 2151.414 of the Revised Code. In issuing an
order of disposition under this section, the court shall comply with section
2151.42 Of the Revised Code. (C)(1) If an agency pursuant to division (A) of this
section requests the court to place a child into long-term foster
care a planned permanent living arrangement, the agency shall
present evidence to indicate why long-term
foster care a planned permanent living arrangement is appropriate
for the child, including, but not
limited to, evidence that the agency has tried or considered all
other possible dispositions for the child. A court shall not
place a child in long-term foster care a planned permanent living
arrangement, unless it finds, by clear
and convincing evidence, that long-term foster care a planned
permanent living arrangement is in the
best interest of the child and that one of the following exists: (a) The child, because of physical, mental, or
psychological problems or needs, is unable to function in a
family-like setting and must remain in residential or
institutional care;. (b) The parents of the child have significant physical,
mental, or psychological problems and are unable to care for the
child because of those problems, adoption is not in the best
interest of the child, as determined in accordance with division
(D) of section 2151.414 of the Revised Code, and the child
retains a significant and positive relationship with a parent or
relative; (c) The child is sixteen years of age or older, has been
counseled on the permanent placement options available, is
unwilling to accept or unable to adapt to a permanent placement,
and is in an agency program preparing for independent living. (2) If the court issues an order placing a child in
long-term foster care, both of the following apply: (a) The court shall issue a finding of fact setting forth
the reasons for its finding; (b) The agency may make any appropriate placement for the
child and shall develop a case plan for the child that is
designed to assist the child in finding a permanent home outside
of the home of the parents. (D)(1) If an agency pursuant to division (A) of this
section requests the court to grant an extension of temporary
custody for a period of up to six months, the agency shall
include in the motion an explanation of the progress on the case
plan of the child and of its expectations of reunifying the child
with its the child's family, or placing the child in a permanent
placement,
within the extension period. The court shall schedule a hearing
on the motion, give notice of its date, time, and location to all
parties and the guardian ad litem of the child, and at the
hearing consider the evidence presented by the parties and the
guardian ad litem. The court may extend the temporary custody
order of the child for a period of up to six months, if it
determines at the hearing, by clear and convincing evidence, that
the extension is in the best interest of the child, there has
been significant progress on the case plan of the child, and
there is reasonable cause to believe that the child will be
reunified with one of the parents or otherwise permanently
placed
within the period of extension. In determining whether to extend the
temporary custody of the child pursuant to this division, the court shall
comply with section 2151.42 Of the Revised Code. If the court extends the
temporary custody of the child pursuant to this division, upon
request it shall issue findings of fact. (2) Prior to the end of the extension granted pursuant to
division (D)(1) of this section, the agency that received the
extension shall file a motion with the court requesting the
issuance of one of the orders of disposition set forth in
divisions (A)(1) to (5) of this section or requesting the court
to extend the temporary custody order of the child for an
additional period of up to six months. If the agency requests
the issuance of an order of disposition under divisions (A)(1) to
(5) of this section or does not file any motion prior to the
expiration of the extension period, the court shall conduct a
hearing in accordance with division (B) of this section and issue
an appropriate order of disposition. In issuing an order of disposition,
the court shall comply with section 2151.42 Of the Revised Code. If the agency requests an additional extension of up to six
months of the temporary custody order of the child, the court
shall schedule and conduct a hearing in the manner set forth in
division (D)(1) of this section. The court may extend the
temporary custody order of the child for an additional period of
up to six months if it determines at the hearing, by clear and
convincing evidence, that the additional extension is in the best
interest of the child, there has been substantial additional
progress since the original extension of temporary custody in the
case plan of the child, there has been substantial additional
progress since the original extension of temporary custody toward
reunifying the child with one of the parents or otherwise
permanently placing the child, and there is reasonable cause to
believe that the child will be reunified with one of the
parents
or otherwise placed in a permanent setting before the expiration
of the additional extension period. In determining whether to grant an
additional extension, the court shall comply with section 2151.42
Of the Revised Code. If the court extends the
temporary custody of the child for an additional period pursuant
to this division, upon request it shall issue findings of fact. (3) Prior to the end of the extension of a temporary
custody order granted pursuant to division (D)(2) of this
section, the agency that received the extension shall file a
motion with the court requesting the issuance of one of the
orders of disposition set forth in divisions (A)(1) to (5) of
this section. Upon the filing of the motion by the agency or, if
the agency does not file the motion prior to the expiration of
the extension period, upon its own motion, the court, prior to
the expiration of the extension period, shall conduct a hearing
in accordance with division (B) of this section and issue an
appropriate order of disposition. In issuing an order of disposition, the
court shall comply with section 2151.42 Of the Revised Code. (4) No court shall grant an agency more than two
extensions of temporary custody pursuant to division (D) of this
section. (E) After the issuance of an order pursuant to division
(B) of this section, the court shall retain jurisdiction over the
child until the child attains the age of eighteen if the child is
not mentally retarded, developmentally
disabled, or physically impaired, the child
attains the age
of twenty-one if the child is mentally
retarded, developmentally disabled, or physically impaired,
or the child is adopted and a final decree of adoption is issued,
unless the court's jurisdiction over the child is extended
pursuant to division (E) of section 2151.353 of the Revised Code. (F) The court, on its own motion or the motion of the
agency or person with legal custody of the child, the child's
guardian ad litem, or any other party to the action, may conduct
a hearing with notice to all parties to determine whether any
order issued pursuant to this section should be modified or
terminated or whether any other dispositional order set forth in
divisions (A)(1) to (5) of this section should be issued. After
the hearing and consideration of all the evidence presented, the
court, in accordance with the best interest of the child, may
modify or terminate any order issued pursuant to this section or
issue any dispositional order set forth in divisions (A)(1) to
(5) of this section. In rendering a decision under this division, the
court shall comply with section 2151.42 Of the Revised Code. (G) If the court places a child in long-term foster care a planned
permanent living arrangement
with a public children services agency or a private child placing
agency pursuant to this section, the agency with which the child
is placed in long-term foster care a planned permanent living
arrangement shall not remove the child
from the residential placement in which the child is originally
placed pursuant to the case plan for the child or in which the
child is placed with court approval pursuant to this division,
unless the court and the guardian ad litem are given notice of
the intended removal and the court issues an order approving the
removal or unless the removal is necessary to protect the child
from physical or emotional harm and the agency gives the court
notice of the removal and of the reasons why the removal is
necessary to protect the child from physical or emotional harm
immediately after the removal of the child from the prior
setting. (H) If the hearing held under this section takes the place
of an administrative review that otherwise would have been held
under section 2151.416 of the Revised Code, the court at the
hearing held under this section shall do all of the following in
addition to any other requirements of this section: (1) Determine the continued necessity for and the
appropriateness of the child's placement; (2) Determine the extent of compliance with the child's
case plan; (3) Determine the extent of progress that has been made
toward alleviating or mitigating the causes necessitating the
child's placement in foster care; (4) Project a likely date by which the child may be
returned to his the child's home or placed for adoption or legal
guardianship; (5) Determine the future status of Approve the permanency plan
for the child consistent with section 2151.417 Of the Revised Code. Sec. 2151.416. (A) Each agency that is required by
section 2151.412 of the Revised Code to prepare a case plan for a
child shall complete a semiannual administrative review of the
case plan no later than six months after the earlier of the date
on which the complaint in the case was filed or the child was
first placed in shelter care. After the first administrative
review, the agency shall complete semiannual administrative
reviews no later than every six months. If the court issues an
order pursuant to section 2151.414 or 2151.415
of the Revised
Code, the agency shall complete an administrative review no later
than six months after the court's order and continue to complete
administrative reviews no later than every six months after the
first review, except that the court hearing held pursuant to
section 2151.417 of the Revised Code may take the place of any
administrative review that would otherwise be held at the time of
the court hearing. When conducting a review, the child's health and safety
shall be the paramount concern. (B) Each administrative review required by division (A) of
this section shall be conducted by a review panel of at least
three persons, including, but not limited to, both of the
following: (1) A caseworker with day-to-day responsibility for, or
familiarity with, the management of the child's case plan; (2) A person who is not responsible for the management of
the child's case plan or for the delivery of services to the
child or the parents, guardian, or custodian of the child. (C) Each semiannual administrative review shall include,
but not be limited to, a joint meeting by the review panel with
the parents, guardian, or custodian of the child, the guardian ad
litem of the child, and the child's foster care provider and
shall include an opportunity for those persons to submit any
written materials to be included in the case record of the child.
If a parent, guardian, custodian, guardian ad litem, or foster
care provider of the child cannot be located after reasonable
efforts to do so or declines to participate in the administrative
review after being contacted, the agency does not have to include
them in the joint meeting. (D) The agency shall prepare a written summary of the
semiannual administrative review that shall include, but not be
limited to, all of the following: (1) A conclusion regarding the safety and appropriateness of the
child's foster care placement; (2) The extent of the compliance with the case plan of all
parties; (3) The extent of progress that has been made toward
alleviating the circumstances that required the agency to assume
temporary custody of the child; (4) An estimated date by which the child may be returned
to and safely maintained in the child's home or placed for adoption or
legal custody; (5) An updated case plan that includes any changes that
the agency is proposing in the case plan; (6) The recommendation of the agency as to which agency or
person should be given custodial rights over the child for the
six-month period after the administrative review; (7) The names of all persons who participated in the
administrative review. (E) The agency shall file the summary with
the court no later than seven days after the completion of the administrative
review. If the agency proposes a change to the case plan as a result of
the administrative review, the agency shall file the proposed change with the
court at the time it files the summary. The agency shall give notice of the
summary and proposed change in writing before the end of the next day after
filing them to all parties and the child's guardian ad litem. All parties and
the guardian ad litem shall have seven days after the date the notice is sent
to object to and request a hearing on the proposed change. (1) If the court receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code to be held not later than
thirty days after the court receives the request. The court shall give notice
of the date, time, and location of the hearing to all parties and the guardian
ad litem. The agency may implement the proposed change after the hearing, if
the court approves it. The agency shall not implement the proposed change
unless it is approved by the court. (2) If the court does not receive a timely request for a hearing, the
court may approve the proposed change without a hearing. If the court
approves the proposed change without a hearing, it shall journalize the case
plan with the change not later than fourteen days after the change is filed
with the court. If the court does not approve the proposed change to the case
plan, it shall schedule a review hearing to be held pursuant to section
2151.417 of the Revised Code no later than thirty days after the expiration of the
fourteen-day time period and give notice of the date, time, and location of
the hearing to all parties and the guardian ad litem of the child. If,
despite the requirements of this division and division (D) of section
2151.417 of the Revised Code, the court neither approves and journalizes the proposed change
nor conducts a hearing, the agency may implement the proposed change not
earlier than fifteen days after it is submitted to the court. (F) The department of human services may adopt rules
pursuant to Chapter 119. of the Revised Code for procedures and
standard forms for conducting administrative reviews pursuant to
this section. (G) The juvenile court that receives the written summary
of the administrative review, upon determining, either from the
written summary, case plan, or otherwise, that the custody or
care arrangement is not in the best interest of the child, may
terminate the custody of an agency and place the child in the
custody of another institution or association certified
by the department of human services under section 5103.03 of the Revised Code. (H) The department of human services shall report annually
to the public and to the general assembly on the results of the
review of case plans of each agency and on the results of the
summaries submitted to the department under section 3107.10 of
the Revised Code. The annual report shall include any
information that is required by the department, including, but
not limited to, all of the following: (1) A statistical analysis of the administrative reviews
conducted pursuant to this section and section 2151.417 of the
Revised Code; (2) The number of children in temporary or permanent
custody for whom an administrative review was conducted, the
number of children whose custody status changed during the
period, the number of children whose residential placement
changed during the period, and the number of residential
placement changes for each child during the period; (3) An analysis of the utilization of public social
services by agencies and parents or guardians, and the
utilization of the adoption listing service of the department
pursuant to section 5103.154 of the Revised Code; (4) A compilation and analysis of data submitted to the
department under section 3107.10 of the Revised Code. Sec. 2151.417. (A) Any court that issues a dispositional
order pursuant to section 2151.353, 2151.414, or 2151.415 of the
Revised Code may review at any time the child's placement or
custody arrangement, the case plan prepared for the child
pursuant to section 2151.412 of the Revised Code, the actions of
the public children services agency or private child placing
agency in implementing that case plan, the child's permanency plan, if the
child's permanency plan has been approved and any other aspects of
the child's placement or custody arrangement. In conducting the
review, the court shall determine the appropriateness of any
agency actions, the safety and appropriateness of continuing the
child's
placement or custody arrangement, and whether any changes should
be made with respect to the child's permanency plan or placement or
custody
arrangement or with respect to the actions of the agency under
the child's placement or custody arrangement. Based upon the
evidence presented at a hearing held after notice to all parties
and the guardian ad litem of the child, the court may require the
agency, the parents, guardian, or custodian of the child, and the
physical custodians of the child to take any reasonable action
that the court determines is necessary and in the best interest
of the child or to discontinue any action that it determines is
not in the best interest of the child. (B) If a court issues a dispositional order pursuant to
section 2151.353, 2151.414, or 2151.415 of the Revised Code, the
court has continuing jurisdiction over the child as set forth in
division (E)(1) of section 2151.353 of the Revised Code. The
court may amend a dispositional order in accordance with division
(E)(2) of section 2151.353 of the Revised Code at any time upon
its own motion or upon the motion of any interested party.
The court shall comply with section 2151.42 Of the Revised Code in amending any
dispositional order pursuant to this division. (C) Any court that issues a dispositional order pursuant
to section 2151.353, 2151.414, or 2151.415 of the Revised Code
shall hold a review hearing one year after the earlier of the
date on which the complaint in the case was filed or the child
was first placed into shelter care to review the case plan
prepared pursuant to section 2151.412 of the Revised Code and to
review the child's placement or custody arrangement, to approve
or review the permanency
plan for the child, and to make changes to the case plan and
placement or custody arrangement consistent with the permanency
plan. The court
shall schedule the review hearing at the time that it holds the
dispositional hearing pursuant to section 2151.35 of the Revised
Code. The court shall hold a similar review hearing no later than
every twelve months after the initial review hearing until the
child is adopted, returned to the parents, or the court
otherwise
terminates the child's placement or custody arrangement, except
that the dispositional hearing held pursuant to section 2151.415
of the Revised Code shall take the place of the first review
hearing to be held under this section. The court shall schedule
each subsequent review hearing at the conclusion of the review
hearing immediately preceding the review hearing to be scheduled. (D) If, within fourteen days after a written summary of an
administrative review is filed with the court pursuant to section
2151.416 of the Revised Code, the court does not approve the
proposed change to the case plan filed pursuant to
division (E) of section
2151.416 of the Revised Code or a party or the guardian
ad litem requests a review
hearing pursuant to division (E) of that section, the court shall hold a
review hearing in the same
manner that it holds review hearings pursuant to division (C) of
this section, except that if a review hearing is required by this
division and if a hearing is to be held pursuant to division (C)
of this section or section 2151.415 of the Revised Code, the
hearing held pursuant to division (C) of this section or section
2151.415 of the Revised Code shall take the place of the review
hearing required by this division. (E) If a court determines
pursuant to section 2151.419 of the
Revised Code that a public children
services agency or private child placing agency is not required
to make reasonable efforts to prevent the removal of a child
from the child's HOME, eliminate the continued removal of a
child from the child's home, and return the child to the child's
home, and the court does not return the child to the child's home pursuant to
division (a)(3) of section
2151.419 of the revised
code, the court shall hold a review
hearing to approve the permanency plan for the child and, if
appropriate, to make changes to the child's case plan and the
child's placement or custody arrangement consistent with the
permanency plan. the court may hold the hearing immediately
following the DETERMINATION under section 2151.419 of the
Revised Code and shall hold it no later
than thirty days after making that DETERMINATION. (F) The court shall give notice of the review hearings
held pursuant to this section to every interested party,
including, but not limited to, the appropriate agency employees
who are responsible for the child's care and planning, the
child's parents, any person who had guardianship or legal custody
of the child prior to the custody order, the child's guardian ad
litem, and the child. The court shall summon every interested
party to appear at the review hearing and give them an
opportunity to testify and to present other evidence with respect
to the child's custody arrangement, including, but not limited
to, the following: the case plan for the child, the
permanency plan, if one exists; the actions taken by the child's
custodian,; the need for a change in the child's custodian or
caseworker, or; and the need for any specific action to
be taken with
respect to the child. The court shall require any interested
party to testify or present other evidence when necessary to a
proper determination of the issues presented at the review
hearing. (F)(G) After the review hearing, the court shall take the
following actions based upon the evidence presented:
(1) Determine If an administrative review has been conducted,
determine whether the conclusions of the
administrative review are supported by a preponderance of the
evidence and approve or modify the case plan based upon that
evidence; (2) If the hearing was held under
division (c) or
(e) of this section, approve a
permanency plan for the child that specifies whether and, if
applicable, when the child will be safely returned home or placed
for ADOPTION, for legal custody, or in a planned permanent
living arrangement. a permanency plan approved after a hearing
UNDER division (e) of this
section shall not include any PROVISION requiring the child to
be returned to the child's home. (3) If the child is in temporary custody, do all of the
following: (a) Determine whether the child can and should be returned
home with or without an order for protective supervision; (b) If the child can and should be returned home with or
without an order for protective supervision, terminate the order
for temporary custody; (c) If the child cannot or should not be returned home
with an order for protective supervision, determine whether the
agency currently with custody of the child should retain custody
or whether another public children services agency, private child
placing agency, or an individual should be given custody of the
child. The court shall comply with section 2151.42 Of the Revised Code in taking any action under
this division. (3)(4) If the child is in permanent custody, determine what
actions are required by the custodial agency and of any other
organizations or persons in order to facilitate an adoption of
the child and make any appropriate orders with respect to the
custody arrangement or conditions of the child, including, but
not limited to, a transfer of permanent custody to another public
children services agency or private child placing agency;
(4)(5) Journalize the terms of the updated case plan for the
child.
(G)(H) The court may appoint a referee or a citizens review
board to conduct the review hearings that the court is required
by this section to conduct, subject to the review and approval by
the court of any determinations made by the referee or citizens
review board. If the court appoints a citizens review board to
conduct the review hearings, the board shall consist of one
member representing the general public and four members who are
trained or experienced in the care or placement of children and
have training or experience in the fields of medicine,
psychology, social work, education, or any related field. Of the
initial appointments to the board, two shall be for a term of one
year, two shall be for a term of two years, and one shall be for
a term of three years, with all the terms ending one year after
the date on which the appointment was made. Thereafter, all
terms of the board members shall be for three years and shall end
on the same day of the same month of the year as did the term
that they succeed. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's
predecessor was appointed shall hold office for the remainder of
the term.
(H)(I) A copy of the court's determination following any
review hearing held pursuant to this section shall be sent to the
custodial agency, the guardian ad litem of the child who is the
subject of the review hearing, and, if that child is not the
subject of a permanent commitment hearing, the parents of the
child.
(I)(J) If the hearing held under this section takes the place
of an administrative review that otherwise would have been held
under section 2151.416 of the Revised Code, the court at the
hearing held under this section shall do all of the following in
addition to any other requirements of this section:
(1) Determine the continued necessity for and the safety and
appropriateness of the child's placement; (2) Determine the extent of compliance with the child's
case plan; (3) Determine the extent of progress that has been made
toward alleviating or mitigating the causes necessitating the
child's placement in foster care; (4) Project a likely date by which the child may be
safely returned home or placed for adoption or legal
guardianship; (5) Determine the future status of the child
custody.
(K)(1) Whenever the court is required to approve a
permanency plan under this section or section
2151.415 of the Revised
Code, the public children
services agency or private child placing agency that filed the
complaint in the case, has custody of the child, or will be
given custody of the child shall develop A permanency plan for
the child. The agency must file the plan with the court prior
to the hearing under this section or section 2151.415 of the
Revised
Code. (2) The permanency plan developed by the agency must
specify whether and, if applicable, when the child will be
safely returned home or placed for adoption or legal custody.
If the agency determines that there is a compelling reason why
returning the child home or placing the child for adoption or
legal custody is not in the best interest of the child,
the plan shall provide that the child will be placed in a
planned permanent living arrangement. A permanency plan developed
as a result of a determination
made under division (A)(2) of
section 2151.419 of the Revised
Code may not include any provision requiring the child to be returned
home. Sec. 2151.419. (A) At (1) Except as provided in
division
(A)(2) of this section, at any hearing held pursuant to
section 2151.28, division (E) of section 2151.31, or section
2151.314, 2151.33, or 2151.353 of the Revised Code at which the
court removes a child from his the child's home or continues the
removal of a
child from his the child's home, the court shall determine
whether the public
children services agency or private child placing agency that
filed the complaint in the case, removed the child from his
home,
has custody of the child, or will be given custody of the child
has made reasonable efforts to prevent the removal of the child
from his the child's home, to eliminate the continued removal of
the child
from his the child's home, or to make it possible for the child
to return safely
home. The agency shall have the burden of proving that it has
made those reasonable efforts. If the agency removed the child
from his home during an emergency in which the child
could not
safely remain at home and the agency did not have prior contact
with the child, the court is not prohibited, solely because the
agency did not make the reasonable efforts during the emergency
to prevent the removal of the child, from determining that the
agency made those reasonable efforts In determining whether reasonable
efforts were made, the child's health and safety shall be paramount. (2) If any of the following apply, the court shall
make a determination
that the agency is not required to make reasonable efforts to
prevent the removal of the child from the child's home,
eliminate the continued removal of the child from the child's
home, and return the child to the child's home: (a) The parent from whom the child was removed has
been convicted of or pleaded guilty to one of the
following: (i) An offense under section 2903.01, 2903.02, or
2903.03 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United
States that is substantially
equivalent to an offense described in those sections and the
victim of the offense was a sibling of the child or the victim was another
child who lived in the parent's household at the time of the offense; (ii) An offense under section 2903.11, 2903.12, or
2903.13 of the Revised
Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (iii) An offense under division (B)(2) of section
2919.22 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to the offense described in that section and the
child, a sibling of the child, or another child who lived in the parent's
household at the time of the
offense is the victim of the offense; (iv) An offense under section 2907.02, 2907.03,
2907.04, 2907.05, or 2907.06 of the
Revised Code or under an existing or
former law of this state, any other state, or the
United States that is substantially
equivalent to an offense described in those sections and the
victim of the offense is the child, a sibling of the
child, or another child who lived in the parent's household at the time of the
offense; (v) A conspiracy or attempt to commit, or
complicity in committing, an offense described in
division (A)(2)(a)(i) or (iv)
of this
section. (b) The parent from whom the child was removed has
repeatedly withheld medical treatment or food from the child
when the parent has the means to provide the treatment or food.
If the parent has withheld medical treatment in order to treat
the physical or mental illness or defect of the child by
spiritual means through prayer alone, in accordance with the
tenets of a recognized religious body, the court or agency shall
comply with the requirements of division
(A)(1) of this section. (c) The parent from whom the child was removed has
placed the child at substantial risk of harm two or more times due to
alcohol or drug abuse and has rejected treatment two or more times or
refused to participate in further treatment two or more times after a
case plan issued pursuant to section 2151.412 Of the Revised Code requiring treatment of
the parent was journalized as part of a dispositional order issued with
respect to the child or an order was issued by any other court requiring such
treatment of the parent. (d) The parent from whom the child was removed has abandoned the
child. (e) The parent from whom the child was removed has had parental
rights terminated pursuant to section 2151.353, 2151.414, or 2151.415 Of the Revised Code
with respect to a sibling of the child. (3) At any hearing in which the court determines whether
to return a child to the child's home, the court may issue an
order that returns the child in situations in which the
conditions described in divisions (A)(2)(a)
to (e) of this section are
present. (B) The court shall issue written finding of facts setting
forth its determination under division (A) of this section.
In
its written finding of facts, the
(1) A court that is required to make a
determination as described in division
(A)(1) or (2) of this section shall issue written findings of
fact setting forth the reasons supporting its determination. If the court
makes a written determination under division (A)(1) of this
section,
it shall briefly describe in the findings of fact the relevant
services provided by the agency to
the family of the child and why those services did not prevent the removal of
the child from his the child's home or enable the child to
return safely home. (2) If a court issues an order that returns the child to
the child's home in situations in which division
(A)(2)(a), (b), (c), (d),
or (e) of this section applies, the court shall issue
written
findings of fact setting forth the reasons supporting its
determination. (C) If the court makes a determination pursuant to division
(A)(2) of this section, the court shall conduct a review hearing
pursuant to section 2151.417 Of the Revised Code to approve a permanency plan with
respect to the child, unless the court issues an order returning the child
home pursuant to division
(A)(3) of this section. The
hearing to approve the permanency plan may be held immediately
following the court's determination pursuant to division
(A)(2) of this section and
shall be held no later than thirty days following that
determination. Sec. 2151.42. (A) At any hearing in which a court
is asked to modify or terminate an order of disposition issued under section
2151.353, 2151.415, or 2151.417 of the Revised
Code,
the court, in determining whether
to return the child to the child's parents, shall consider
whether it is in the best interest of the child. IF THE ORDER OF
DISPOSITION THAT IS THE SUBJECT OF A HEARING UNDER THIS SECTION
INVOLVES A PREVIOUS AWARD OF LEGAL CUSTODY UNDER DIVISION
(A)(3) OF SECTION 2151.353 OF THE REVISED
CODE AND IS GOVERNED BY DIVISION (E) OF SECTION
3109.04 OF THE REVISED CODE, THE COURT SHALL
COMPLY WITH THE REQUIREMENTS OF DIVISION (E) OF SECTION
3109.04 OF THE REVISED CODE IN ITS MODIFICATION OR
TERMINATION OF THE ORDER OF DISPOSITION. (B) Additionally, an order of disposition issued under division
(A)(3) of section 2151.353,
division (A)(3) of section
2151.415, or section 2151.417 of the
Revised
Code granting
legal custody of a child to a person is intended to be permanent
in nature. A court shall not modify or terminate an order issued under either
of those divisions or that section granting legal custody of a child to a
person
unless it finds, based on facts that
have arisen since the order was issued or that were unknown to the
court at that time, that a change has occurred
in the circumstances of the child, the child's parents, or the
person, and that modification or termination of the order is necessary to
serve the best interest of the child. Sec. 2151.424. (A) If a child has been placed in
a foster home or is in the custody of a relative of the child,
other than a parent of the child, a court, prior to conducting
any hearing pursuant to division
(E)(2) or (3) of section
2151.412 or section 2151.28, 2151.33, 2151.35, 2151.414,
2151.415, 2151.416, or 2151.417 of the
Revised
Code with respect to the child,
shall notify the foster caregiver or relative of the date, time,
and place of the hearing. At the hearing, the foster caregiver
or relative may present evidence. (B) If a public children
services agency or private child placing agency has permanent
custody of a child and a petition to adopt the child has been
filed under Chapter 3107. of the
Revised
Code, the agency, prior to
conducting a review under section 2151.416 of the
Revised
Code, or a court, prior to
conducting a hearing under division
(E)(2) or (3) of section
2151.412 or section 2151.416 or 2151.417 of the
Revised
Code, shall notify the
prospective adoptive parent of the date, time, and place of the
review or hearing. At the review or hearing, the prospective adoptive parent
may
present evidence. (C) The notice and the
opportunity to present evidence do not make the foster
caregiver, relative, or prospective adoptive parent a party in
the action or proceeding pursuant to which the
review or hearing is conducted. Sec. 3107.07. Consent to adoption is not required of any
of the following: (A) A parent of a minor, when it is alleged in the
adoption petition and the court finds after proper service of
notice and hearing, that the parent has failed without
justifiable cause to communicate with the minor or to provide for
the maintenance and support of the minor as required by law or
judicial decree for a period of at least one year immediately
preceding either the filing of the adoption petition or the
placement of the minor in the home of the petitioner. (B) The putative father of a minor if either of the following
applies: (1) The putative father fails to register as the
minor's putative father with the putative father registry established under
section 3107.062 of the Revised Code not later than thirty days after the
minor's birth; (2) The court finds, after proper service of notice and hearing,
that any of the following are the case: (a) The putative father is not the father of the minor; (b) The putative father has willfully
abandoned or failed to care for and support the minor; (c) The putative father has willfully abandoned the mother of
the minor during her pregnancy and up to the time of her surrender of the
minor, or the minor's placement in the home of the petitioner, whichever
occurs first. (C) Except as provided in section 3107.071 of the Revised Code, a parent who
has entered into a voluntary permanent custody surrender agreement under
division (B) of section 5103.15 of the Revised Code; (D) A parent whose parental rights have been terminated by order of a
juvenile court under Chapter 2151. of the Revised Code; (E) A parent who is married to the petitioner and supports the adoption; (F) The father, or putative father, of
a minor if the minor is conceived as the result of the commission of rape by
the father or putative father and the father or putative father is convicted
of or pleads guilty to the commission of that offense. As used in this
division, "rape" means a violation of section 2907.02 of the
Revised Code
or a similar law of another state. (G) A legal guardian or guardian ad litem of a parent
judicially declared incompetent in a separate court proceeding
who has failed to respond in writing to a request for consent,
for a period of thirty days, or who, after examination of the
written reasons for withholding consent, is found by the court to
be withholding consent unreasonably; (H) Any legal guardian or lawful custodian of the person
to be adopted, other than a parent, who has failed to respond in
writing to a request for consent, for a period of thirty days, or
who, after examination of the written reasons for withholding
consent, is found by the court to be withholding consent
unreasonably; (I) The spouse of the person to be adopted, if the failure
of the spouse to consent to the adoption is found by the court to
be by reason of prolonged unexplained absence, unavailability,
incapacity, or circumstances that make it impossible or
unreasonably difficult to obtain the consent or refusal of the
spouse; (J) Any parent, legal guardian, or other lawful custodian
in a foreign country, if the person to be adopted has been
released for adoption pursuant to the laws of the country in
which the person resides and the release of such person is in a
form that satisfies the requirements of the immigration and
naturalization service of the United States department of justice
for purposes of immigration to the United States pursuant to
section 101(b)(1)(F) of the "Immigration and Nationality Act,"
75 Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or
reenacted. (K) Except as provided in divisions (G) and (H)
of this section, a juvenile court, agency, or
person given notice of the petition pursuant to division
(A)(2) of section 3107.11 of the Revised
Code that fails to file an
objection to the petition within fourteen days after proof is filed pursuant
to division (B) of that section that
the notice was given; (L) Any guardian, custodian, or other party who has temporary
custody of the child. Sec. 3107.11. (A) After the filing of a petition to adopt
an adult or a minor, the court shall fix a time and place for
hearing the petition. The hearing may take place at any time
more than thirty days after the date on which the minor is placed
in the home of the petitioner. At least twenty days before the
date of hearing, notice of the filing of the petition and of the
time and place of hearing shall be given by the court to all of
the following: (1) The department of human services; (2) Any juvenile court, agency, or person whose consent to the
adoption is required by this chapter but who has not consented; (3) A person whose consent is not required as provided by division
(A), (G), (H), or (I) of section
3107.07 of the Revised Code and has not consented; (4) Any guardian, custodian, or other party who has temporary custody or
permanent custody of the child. The notice to the department of human services shall be
accompanied by a copy of the petition. Notice shall not be given to a
person whose consent is not required as provided by division
(B), (C), (D), (E), (F), or
(J) of section 3107.07, or section 3107.071, of the Revised Code. Second
notice shall not be given to a juvenile court, agency, or person whose consent
is not required as provided by
division (K) of section 3107.07 of the Revised Code
because the court, agency, or person failed to file an objection to the
petition within fourteen days after proof was filed pursuant to division
(B) of this section that a first notice was
given to the court, agency, or person pursuant to division
(A)(2) of this section. (B) All notices required under this section shall be given
as specified in the Rules of Civil Procedure. Proof of the
giving of notice shall be filed with the court before the
petition is heard. Sec. 3701.503. As used in sections 3701.504 to 3701.507 of
the Revised Code: (A) "Parent" means either parent, unless the parents are
separated or divorced or their marriage has been dissolved or
annulled, in which case "parent" means the parent who is the
residential parent and legal custodian. (B) "Guardian" has the same meaning as in section 2111.01
of the Revised Code. (C) "Custodian" means, except as used in division (A) of
this section, a government agency or an individual, other than
the parent or guardian, with legal or permanent custody of a
child as defined in divisions (B)(17) and
(27) of section 2151.011
of the Revised Code. (D) "Address," in the case of an individual, means the
individual's residence and, in the case of a government agency,
means the office at which the records pertaining to a particular
child are maintained. (E) "Risk screening" means the identification of infants
who are at risk of hearing impairment, through the use of a
high-risk questionnaire developed by the department of health
under division (A) of section 3701.504 of the Revised Code. (F) "Hearing assessment" means the use of audiological
procedures by or under the supervision of an audiologist licensed
under section 4753.07 of the Revised Code, or by a neurologist or
otolaryngologist, to identify infants who are at risk of hearing
impairment. Sec. 3793.051. The department of alcohol and drug
addiction services, in conjunction with the department of human
services, shall develop a joint
state plan to improve the accessibility and timeliness of
alcohol and drug addiction services for individuals identified
by a public children services agency as in need of those services. The plan
shall address the fact
that Ohio works first participants may be among the persons receiving
services under section 340.15 Of the Revised Code and shall require the department of human
services to seek federal funds available under Title
IV-A of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, for
the provision of the services to Ohio works first participants who
are receiving services under section 340.15 Of the Revised Code. The plan shall
address the need and manner for sharing information and include
a request for the general assembly to appropriate an amount of
funds specified in the report to be used by the departments to
pay for services under section 340.15 of the
Revised
Code. The departments shall
review and amend the plan as necessary. Not later than the first day of
July of each even-numbered
year, the departments shall submit a report on the progress made
under the joint state plan to the governor, president of the
senate, and speaker of the house of representatives. The report
shall include information on treatment capacity, needs
assessments, and number of individuals who received services
pursuant to section 340.15 of the Revised Code. Sec. 5101.141. (A) The department of human services
shall act as the single state agency to administer federal
payments for foster care and adoption assistance made pursuant to
Title IV-E of the "Social Security Act," 94 Stat. 501, 42
U.S.C.A. 670 (1980), as amended, and shall adopt rules to implement this
authority.
Internal management rules governing financial and
administrative requirements applicable to public children
services agencies shall be adopted in accordance with section
111.15 of the Revised
Code. Rules establishing
eligibility, program participation, and other requirements shall
be adopted in accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes
Title IV-E funds public agency shall administer the funds
agency in accordance with
those rules. (B)(1) The county shall, on behalf of each child eligible
for foster care maintenance payments under Title IV-E of the
"Social Security Act," shall make payments to cover the cost of
providing all of the following: (a) The child's food, clothing, shelter, daily
supervision, and school supplies; (b) The child's personal incidentals; (c) Reasonable travel to the child's home for visitation. (2) In addition to payments made under division (B)(1) of this
section, the county may, on behalf of each child eligible for
foster care maintenance payments under
Title
IV-E
of the "Social
Security
Act," make payments to cover
the cost of providing the following: (a) Liability insurance with respect to the
child; (b) If the county is participating in the
demonstration project established under division (A) of section
5101.142 of the Revised Code, services provided under
the project. (3) With respect to a child who is in a child-care
institution, including any type of group home designed for the
care of children or any privately operated program consisting of
two or more family foster homes operated by a common
administrative unit, the foster care maintenance payments made by
the county on behalf of the child shall include the reasonable
cost of the administration and operation of the institution,
group home, or program, as necessary to provide the items
described in division (B)(1) and (2) of this section. (C) To the extent that either foster care maintenance
payments under division (B) of this section or Title IV-E
adoption assistance payments for maintenance costs require the
expenditure of county funds, the board of county commissioners
shall report the nature and amount of each expenditure of county
funds to the department. (D) The department shall distribute to
public children services agencies that
incur and report such expenditures federal financial
participation received for administrative and training costs
incurred in the operation of foster care maintenance and adoption
assistance programs. The department may withhold not more than
two per cent of the federal financial participation received.
The funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its
own cost allocation plan. (E) All federal funds received by a county pursuant to
this section shall be deposited into the county's children
services fund created pursuant to section
5101.144 of the Revised Code. (F) The department shall periodically
publish and distribute the maximum amounts that the department
will reimburse public children services agencies for making
payments on behalf of children eligible for foster care maintenance payments. (G) The department, by and through its director, is hereby
authorized to develop, participate in the development of, negotiate, and enter
into one or more interstate compacts on behalf of this state with agencies of
any other states, for the provision of medical assistance and other social
services to children in relation to whom all of the following apply: (1) They have special needs. (2) This state or another state that is a party to the interstate compact
is providing adoption assistance on their behalf. (3) They move into this state from another state or move out of this state
to another state. Sec. 5103.161. As used in this section, "permanent custody" has the same
meaning as in section 2151.011 of the Revised Code. If a private child placing agency or public children services agency has
placed a child in a foster home or with a relative of the child, other than a
parent of the child, the agency shall notify the child's foster
parent or relative if the agency seeks permanent custody of the child, or, if
the agency already has permanent custody of the child, seeks to place the
child for adoption. The notice also shall inform the foster parent or
relative that the foster parent or relative can be considered for
adoption. If
the foster parent or relative informs the agency that
the foster parent or relative wants to adopt the child, the
agency shall inform the foster parent or relative of the process for obtaining
an application to adopt the child and that the child may be placed for
adoption in another home even if the foster parent or relative submits
the application. If the agency is given permanent custody of the child and
the foster parent or relative has informed the agency of the foster parent's
or relative's desire to adopt the child, the agency shall give priority to
the
foster parent or relative when determining where to place the child for
adoption, unless consider giving preference to an adult relative over a
nonrelative caregiver when determining an adoptive placement for the child,
provided the adult relative satisfies all relevant child protection standards
and the agency determines such that the placement is
not in
the child's
best interest. This section does not apply if the public children services agency or
private child placing agency selected a prospective adoptive parent for the
child prior to placing the child temporarily with the foster parent or
relative.
Sec. 5107.70. A county department of human services, at
times it determines, may conduct assessments of assistance
groups participating in Ohio works first to determine whether
any members of the group are in need of other assistance or
services provided by the county department or other private or
government entities. Assessments may include the following: (A) Whether any member
of the assistance group has a substance abuse problem; (B) Whether there are
any other circumstances that may limit an assistance group
member's employability. At the first assessment conducted by the county department, it shall
inquire as to whether any member of an assistance group is the victim of
domestic violence, including child abuse. The county department shall provide
this information to the state department of human services. The state
department shall maintain the information for statistical analysis
purposes. The county department may refer an
assistance group member to a private or government entity that
provides assistance or services the county department determines
the member needs. The entity may be a public children services
agency, chapter of alcoholics anonymous,
narcotics anonymous, or cocaine anonymous, or any other entity the county
department considers appropriate. Sec. 5153.16. (A) Except as provided in section 2151.422 of the Revised
Code, in accordance with rules of the department of human services, and on
behalf of children in the county whom the
public children services agency considers to be in need of public care
or protective services, the public children services agency shall do all of
the following: (1) Make an investigation concerning any child alleged to be an abused,
neglected, or dependent child; (2) Enter into agreements with the parent, guardian, or
other person having legal custody of any child, or with the
department of human services, department of mental health,
department of mental retardation and developmental disabilities,
other department, any certified organization within or outside
the county, or any agency or institution outside the state,
having legal custody of any child, with respect to the custody,
care, or placement of any child, or with respect to any
matter, in the interests of the child, provided the permanent
custody of a child shall not be transferred by a parent to the
public children services agency
without the consent of the juvenile court; (3) Accept custody of children committed to the public children services
agency by a court
exercising juvenile jurisdiction; (4) Provide such care as the
public children services agency considers to be in the best interests
of any child adjudicated to be an abused, neglected, or dependent child
the agency
finds to be in need of public care or service; (5) Provide social services to any unmarried girl
adjudicated to be
an abused, neglected, or dependent child who is pregnant with or has been
delivered of a child; (6) Make available to the bureau for children with medical
handicaps of the department of health at its request any
information concerning a crippled child found to be in need of
treatment under sections 3701.021 to 3701.028 of the Revised Code
who is receiving services from the public
children services agency; (7) Provide temporary emergency care for any child
considered by the public children
services agency to be in need of such care, without agreement or
commitment; (8) Find family foster homes, within or outside the
county, for the care of children, including handicapped children
from other counties attending special schools in the county; (9) Subject to the approval of the board of county
commissioners and the state department of human services,
establish and operate a training school or enter into an
agreement with any municipal corporation or other political
subdivision of the county respecting the operation, acquisition,
or maintenance of any children's home, training school, or other
institution for the care of children maintained by such municipal
corporation or political subdivision; (10) Acquire and operate a county children's home,
establish, maintain, and operate a receiving home for the
temporary care of children, or procure family foster homes for
this purpose; (11) Enter into an agreement with the trustees of any
district children's home, respecting the operation of the
district children's home in cooperation with the other county
boards in the district; (12) Cooperate with, make its services available to, and
act as the agent of persons, courts, the department of human
services, the department of health, and other organizations
within and outside the state, in matters relating to the welfare
of children, except that the public children services agency shall
not be required to provide supervision of or other services related to the
exercise of companionship or visitation rights granted pursuant to section
3109.051, 3109.11, or 3109.12 of the Revised Code unless a
juvenile court, pursuant to Chapter 2151. of the Revised
Code, or a common pleas court, pursuant to division (E)(6)
of section 3113.31 of the Revised Code, requires the provision of supervision or other
services related
to the exercise of the companionship or visitation rights; (13) Make investigations at the request of any
superintendent of schools in the county or the principal of any
school concerning the application of any child adjudicated to be an abused,
neglected, or dependent child for release from school, where such service
is not provided through a school attendance department; (14) Administer funds provided under Title IV-E of the
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as
amended, in accordance with rules adopted by the state department
of human services under section 5101.141 of the Revised Code; (15) In addition to administering Title IV-E adoption
assistance funds, enter into agreements to make adoption
assistance payments under section 5153.163 of the Revised Code; (16) Implement a system of risk assessment, in accordance with
rules adopted by the state department of human services, to assist the public
children services agency in determining the risk of abuse or neglect to a
child; (17) Enter into a plan of cooperation with the board of
county commissioners under section 307.983 of the Revised Code and comply with
the partnership agreement the board enters into under section 307.98 of the
Revised Code and contracts the board enters into under sections 307.981 and
307.982 of the Revised Code that affect the public children services
agency; (18) Make reasonable efforts to prevent the removal of an alleged or
adjudicated abused, neglected, or dependent child from the child's home,
eliminate the continued removal of the child from the child's home, or make it
possible for the child to return home safely, except that reasonable
efforts of that nature are not required when a court has made a determination
under
division (A)(2) of section 2151.419 Of the Revised Code; (19) make reasonable efforts to place the child in a
timely manner in accordance with the permanency plan approved
UNDER division (e) of section
2151.417 of the Revised Code and to complete whatever
steps are necessary to finalize the permanent placement of the
child. (B) The public children services agency shall use the system
implemented pursuant to division (B)(16) of this section in
connection with an investigation undertaken pursuant to division
(F)(1) of section 2151.421 of the Revised Code and
may use the system at any other time the agency is involved with any child
when the agency determines that risk assessment is necessary. (C) Except as provided in section 2151.422 of the Revised Code,
in accordance with rules of the department of human services, and on
behalf of children in the county whom the public children services agency
considers to be in need of public care or protective services, the public
children services agency may do the following: (1) Provide or find, with other
child serving systems, treatment foster care for the care of children in a
treatment foster home, as defined in section 5103.02 of the Revised Code; (2)(a) Except as limited by divisions (C)(2)(b) and
(c) of this section, contract with the following for the purpose of assisting
the agency with its duties: (i) County departments of human services; (ii) Boards of alcohol, drug addiction, and mental
health services; (iii) County boards of mental retardation and
developmental disabilities; (iv) Regional councils of political subdivisions
established under Chapter 167. of the Revised Code; (v) Private and government providers of services; (vi) Managed care organizations and prepaid health plans. (b) A public children services agency contract
under division (C)(2)(a) of this section regarding the agency's duties under
section 2151.421 of the Revised Code may not provide for the
entity under contract with the agency to perform any service not
authorized by the department's rules. (c) Only a county children services board
appointed under section 5153.03 of the Revised Code that is a public children
services agency may contract under division (C)(2)(a) of this section. If an
entity specified in division (B) or (C) of section 5153.02 of the Revised Code
is the public children services agency for a county, the board of county
commissioners may enter into contracts pursuant to section 307.982 of the
Revised Code regarding the agency's duties. SECTION 2 . That existing sections 181.26, 340.033, 2151.011, 2151.27, 2151.28,
2151.31, 2151.314, 2151.33, 2151.353, 2151.412, 2151.413, 2151.414, 2151.415,
2151.416,
2151.417, 2151.419, 3107.07, 3107.11, 3701.503, 5101.141, 5103.161, 5107.70,
and 5153.16 and section 5107.71 of the Revised Code are hereby repealed.
SECTION 3 . Section 2151.27 of the Revised Code
is presented in this act as a composite of the section as amended by both Sub.
H.B. 274 and Am. Sub. H.B. 445 of the 121st General Assembly, with the new
language of neither of the acts appearing in capital letters.
Section 5101.141 of the Revised Code
is presented in this act as a composite of the section as amended by both Am.
Sub.
H.B. 215 and Sub. H.B. 408 of the 122nd General Assembly, with the new
language
of neither of the acts appearing in capital letters.
This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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