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Sub. H. B. No. 7 As Passed by the HouseAs Passed by the House (CORRECTED VERSION)
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Yuko, Hottinger, Huffman, Webster, Jones, DeBose, Letson, Williams, B., Wachtmann, Hagan, R., Adams, Aslanides, Batchelder, Blessing, Boyd, Budish, Celeste, Chandler, Coley, Collier, Combs, Daniels, DeGeeter, Dodd, Dolan, Domenick, Driehaus, Evans, Flowers, Gardner, Gibbs, Goyal, Hagan, J., Heard, Hite, Mallory, Mandel, McGregor, J., Mecklenborg, Newcomb, Oelslager, Patton, Raussen, Sayre, Schindel, Schlichter, Schneider, Setzer, Slesnick, Stebelton, Stewart, J., Uecker, White, Widowfield, Zehringer
A BILL
To amend sections 2151.353, 2151.361, 2151.414,
2151.415, 3107.033, 3107.055, 3107.06, 3107.07,
3107.101, 3107.14, 3107.66, 3313.6011,
3317.024,
5103.03,
5107.30, 5153.122,
and
5153.123 of the
Revised
Code
regarding adoption law and custody
of an
abused, neglected, or
dependent child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.353, 2151.361, 2151.414,
2151.415, 3107.033, 3107.055, 3107.06, 3107.07, 3107.101, 3107.14,
3107.66, 3313.6011,
3317.024,
5103.03, 5107.30, 5153.122,
and
5153.123
of the Revised Code be amended to read
as
follows:
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 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 or is identified as a
proposed legal custodian in a complaint or motion filed prior to
the dispositional hearing by any party to the proceedings. A
person identified in a complaint or motion filed by a party to the
proceedings as a proposed legal custodian shall be awarded legal
custody of the child only if the person identified signs a
statement of understanding for legal custody that contains at
least the following provisions:
(a) That it is the intent of the person to become the legal
custodian of the child and the person is able to assume legal
responsibility for the care and supervision of the child;
(b) That the person understands that legal custody of the
child in question is intended to be permanent in nature and that
the person will be responsible as the custodian for the child
until the child reaches the age of majority. Responsibility as
custodian for the child shall continue beyond the age of majority
if, at the time the child reaches the age of majority, the child
is pursuing a diploma granted by the board of education or other
governing authority, successful completion of the curriculum of
any high school, successful completion of an individualized
education program developed for the student by any high school, or
an age and schooling certificate. Responsibility beyond the age of
majority shall terminate when the child ceases to continuously
pursue such an education, completes such an education, or is
excused from such an education under standards adopted by the
state board of education, whichever occurs first.
(c) That the parents of the child have residual parental
rights, privileges, and responsibilities, including, but not
limited to, the privilege of reasonable visitation, consent to
adoption, the privilege to determine the child's religious
affiliation, and the responsibility for support;
(d) That the person understands that the person must be
present in court for the dispositional hearing in order to affirm
the person's intention to become legal custodian, to affirm that
the person understands the effect of the custodianship before the
court, and to answer any questions that the court or any parties
to the case may have.
(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)(1) 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 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 a planned
permanent living
arrangement and if the court
finds, by clear and
convincing
evidence, that 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 now and for
the foreseeable future beyond the date of the dispositional
hearing held pursuant to section 2151.35 of the Revised Code.
(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)(1) 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 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 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 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 years
if the child is not mentally
retarded,
developmentally disabled,
or physically impaired,
the child
attains the age of twenty-one
years 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 job and family
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. In
resolving the motion, the court shall not order an existing
temporary custody order to continue beyond two years after the
date on which the complaint was filed or the child was first
placed into shelter care, whichever date is earlier, regardless of
whether any extensions have been previously ordered pursuant to
division (D) of section 2151.415 of the Revised Code.
(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 complies with section 2151.419
of
the
Revised Code and includes in
the dispositional order the
findings of
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. 2151.361. (A) If the parents of a child enter into an
agreement with a public children services agency or private child
placing agency to place the child into the temporary custody
of
the agency or the child is committed as provided by this chapter,
the juvenile court, at its discretion, may issue
an
order pursuant
to Chapters 3119., 3121., 3123., and 3125. of
the
Revised Code
requiring that the parents pay for the care,
support,
maintenance,
and education of the child if the parents adopted the child.
(B) When determining whether to issue an order under
division
(A) of this section, the juvenile court shall consider
all
pertinent issues, including, but not limited to, all of the
following:
(1) The ability of the parents to pay for the care,
support,
maintenance, and education of the child;
(2) The chances for reunification of the parents and child;
(3) Whether issuing the order will encourage the
reunification of the parents and child or undermine that
reunification;
(4) Whether the problem underlying the agreement to
place
the
child into temporary custody existed prior to the parents'
adoption of the
child and whether the parents were informed of the
problem prior
to that adoption;
(5) Whether the problem underlying the agreement to
place
the
child into temporary custody began after the parents' adoption
of
the
child;
(6) Whether the parents have contributed to the child's
problems;
(7) Whether the parents are part of the solution to the
child's problems;
(8) The ability of the parents to meet the needs
of all
other children residing in the home.
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, 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 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)(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:
(a) The child is not abandoned or orphaned or has not
been in
the
temporary custody of one or more public children services
agencies or private child
placing agencies for
twelve or more
months
of
a consecutive
twenty-two month
period ending on or after
March 18, 1999, 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.
(b) The child is abandoned.
(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 one or
more public
children services agencies or private child placing
agencies for twelve
or more
months of a consecutive twenty-two
month period ending on or after
March 18, 1999.
For the purposes of division (B)(1) of this section, a child
shall
be considered to have entered the temporary custody of an
agency on the
earlier of the date the child is adjudicated
pursuant to
section 2151.28 of the Revised Code or the date that
is
sixty days after the removal of the child from home.
(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)(1) 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)(a) The interaction and interrelationship of the child
with the child's parents, siblings, relatives, foster
caregivers
and
out-of-home providers, and any other person who may
significantly
affect the child;
(2)(b) 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)(c) The custodial history of the child, including whether
the child
has been in the temporary custody of one or more public
children services agencies or
private child placing
agencies for
twelve
or
more months of a
consecutive
twenty-two month period
ending on or after March 18,
1999;
(4)(d) 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)(e) Whether any of the factors in divisions (E)(7) to
(11)
of
this
section apply in relation to the parents and child.
For the purposes of this division (D)(1) of this section, a
child shall be considered to
have entered the temporary custody of
an agency on the earlier of the
date the child is adjudicated
pursuant to section 2151.28 of the
Revised
Code or the date that
is sixty days after the removal of the child
from home.
(2) If all of the following apply, permanent custody is in
the best interest of the child and the court shall commit the
child to the permanent custody of a public children services
agency or private child placing agency:
(a) The court determines by clear and convincing evidence
that one or more of the factors in division (E) of this section
exist and the child cannot be placed with one of the child's
parents within a reasonable time or should not be placed with
either parent.
(b) The child has been in an agency's custody for two years
or longer, and no longer qualifies for temporary custody pursuant
to division (D) of section 2151.415 of the Revised Code.
(c) The child does not meet the requirements for a planned
permanent living arrangement pursuant to division (A)(5) of
section 2151.353 of the Revised Code.
(d) Prior to the dispositional hearing, no relative or other
interested person has filed, or has been identified in, a motion
for legal custody of the 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 has been convicted of or pleaded guilty to
an
offense under division (A) or (C) of section 2919.22
or under
section 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.03,
2905.04, 2905.05,
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, 2919.24,
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 offense or the parent
has been convicted of or pleaded
guilty to an offense under section
2903.04 of the Revised Code, a
sibling of the
child was the victim of the offense, and the parent
who committed the
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 involuntarily
terminated with respect to a sibling of the child pursuant to this
section or section
2151.353
or 2151.415 of the Revised Code
with
respect to a sibling of the child, or under an existing or former
law of this state, any other state, or the United States that is
substantially equivalent, and the parent has failed to provide
clear and convincing evidence to prove that, notwithstanding the
prior termination, the parent can provide a legally secure
permanent placement and adequate care for the health, welfare, and
safety 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.
(13) The parent is repeatedly incarcerated, and
the
repeated
incarceration prevents the parent from providing care for the
child.
(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.
(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.
(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) 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)(G)
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 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 a planned permanent
living
arrangement, the agency shall
present evidence to indicate
why 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 a planned permanent living
arrangement, unless it finds, by clear
and convincing evidence,
that 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)(1) 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
a planned
permanent living arrangement,
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 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 and
the court shall not order an existing temporary custody order to
continue beyond two years after the date on which the complaint
was filed or the child was first placed into shelter care,
whichever date is earlier, regardless of whether any extensions
have been previously ordered 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 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 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 the child's home or placed for adoption or legal
guardianship;
(5) Approve the permanency plan
for the child consistent with
section 2151.417 of the Revised Code.
Sec. 3107.033. Not later than January 1, 2008 2009, the
director of job and family services shall adopt
rules in
accordance with Chapter 119. of the
Revised Code specifying
both
of the following:
(A) The manner in which a home study
is to be conducted and
the
information and documents to be included in
a home study
report, which shall include, pursuant to section 3107.034 of the
Revised Code, a summary report of a search of the uniform
statewide automated child welfare information system established
in section 5101.13 of the Revised Code;. The director shall ensure
that rules adopted under this section align the home study
content, time period, and process with any foster care home study
content, time period, and process required by rules adopted under
section 5103.03 of the Revised Code.
(B) A procedure under which a person whose application for
adoption has been denied as a result of a search of the uniform
statewide automated child welfare information system established
in section 5101.13 of the Revised Code as part of the home study
may appeal the denial to the agency that employed the assessor who
filed the report.
Sec. 3107.055. (A) Notwithstanding section 3107.01 of the
Revised Code, as used in this section,
"agency" does not
include a
public children services agency.
(B) An agency or attorney, whichever arranges a minor's
adoption,
shall file with the court a
preliminary estimate
accounting not later than the time
the adoption petition for the
minor is filed with the court. The agency or
attorney, whichever
arranges the adoption, also shall file a
final accounting with the
court before a final decree
of adoption is issued or an
interlocutory order of adoption is finalized for
the minor. The
agency or attorney shall complete and file
accountings in a manner
acceptable to the court.
An accounting shall specify all disbursements of anything of
value
the petitioner, a person on the petitioner's behalf, and the
agency or
attorney made and has agreed to make in connection with
the
minor's permanent surrender under division (B) of section
5103.15
of the Revised Code, placement under
section 5103.16 of
the Revised Code, and adoption under
this chapter. The agency or
attorney shall
include in an accounting an itemization of each
expense listed in division
(C) of this section. The itemization
of
the expenses specified in
divisions (C)(3) and (4) of this
section
shall show the amount the
agency or attorney charged or is
going
to
charge for the services and the actual cost to the agency
or
attorney of providing the services. An accounting shall
indicate
whether any expenses listed in division (C) of
this
section do not
apply to the adoption proceeding for which
the
accounting is
filed.
The agency or attorney shall include with a preliminary
estimate accounting
and a final accounting a written statement
signed by the petitioner that the
petitioner has reviewed
the
accounting and attests to its accuracy.
(C) No petitioner, person acting on a
petitioner's behalf,
or
agency or attorney shall
make or agree to make any
disbursements
in
connection with the minor's permanent surrender,
placement, or
adoption other than for the following:
(1) Physician expenses incurred on behalf of the birth
mother
or minor
in connection with prenatal care, delivery, and
confinement prior to or following the minor's birth;
(2) Hospital or other medical facility expenses incurred on
behalf
of the birth mother or minor in connection with the minor's
birth;
(3) Expenses charged by the attorney arranging the adoption
for providing
legal services in connection with the placement and
adoption,
including expenses incurred by the attorney pursuant to
sections 3107.031, 3107.032,
3107.081, 3107.082, 3107.09,
3107.101, and 3107.12 of the
Revised Code;
(4) Expenses charged by the agency arranging the adoption
for
providing
services in connection with the permanent surrender
and
adoption, including
the agency's application fee and the
expenses
incurred by the agency pursuant
to sections 3107.031, 3107.032,
3107.09, 3107.101, 3107.12, 5103.151, and 5103.152 of the
Revised
Code;
(5) Temporary costs of routine maintenance and medical
care
for a minor required under section 5103.16 of the Revised Code if
the
person seeking to adopt the minor refuses to accept
placement
of the minor;
(6) Guardian ad litem fees incurred on behalf of the
minor
in
any court proceedings;
(7) Foster care expenses incurred in connection with
any
temporary care and maintenance of the minor;
(8) Court expenses incurred in connection with the
minor's
permanent surrender, placement, and adoption;
(9) Living expenses not exceeding three thousand dollars for
the birth mother that are incurred during pregnancy through the
sixtieth day after the date the minor is born and paid by the
petitioner to the birth mother through the attorney or agency
arranging the minor's adoption.
(D) If a court determines from an accounting that an amount
that
is going to be disbursed for an expense listed in division
(C) of this section
is unreasonable, the court may order a
reduction in the amount to be
disbursed. If a court determines
from an accounting that an unreasonable
amount was disbursed for
an expense
listed in division (C) of this section, the court may
order the
person who received the disbursement to refund to the
person who made the
disbursement an amount the court orders.
If a court determines from an accounting that a disbursement
for an expense
not permitted by division (C) of this section is
going to be made,
the court may issue an injunction prohibiting
the disbursement. If
a court determines from an accounting that a
disbursement for an expense not permitted by division (C)
of this
section was made, the court may order the person who received the
disbursement to return it to the person who made the disbursement.
If a court determines that a final
accounting does not
completely report all the disbursements that
are going to be made
or have been made in connection with the
minor's permanent
surrender, placement, and adoption, the court shall
order the
agency or attorney to file with the
court an accounting that
completely reports all such disbursements.
The agency or attorney shall file the final accounting with
the court not later than ten days prior to the date scheduled for
the final
hearing on the adoption. The court may not issue a
final
decree of adoption
or finalize an interlocutory order of
adoption
of a minor until at least ten
days after the agency or
attorney
files the final accounting.
(E) This section does not apply to an adoption by a
stepparent whose spouse is a biological or adoptive parent of the
minor.
Sec. 3107.06. Unless consent is not required under section
3107.07 of the Revised Code, a petition to adopt a minor may be
granted only if written consent to the adoption has been executed
by all of the following:
(A) The mother of the minor;
(B) The father of the minor, if any of the following apply:
(1) The minor was conceived or born while the father was
married to the
mother;
(2) The minor is his child by adoption;
(3) Prior to the date the petition was filed, it was
determined by a court
proceeding pursuant to sections 3111.01 to
3111.18 of
the Revised Code, a
court
proceeding in another state,
an administrative proceeding pursuant to sections
3111.38 to
3111.54 of the
Revised Code, or an
administrative proceeding in
another state that he has a parent and child relationship with the
minor;
(4) He acknowledged paternity of the child and that
acknowledgment has
become final pursuant to section 2151.232,
3111.25, or 3111.821 of the
Revised Code.
(C) The putative father of the minor;
(D) Any person or agency having permanent custody of the
minor or authorized by court order to consent;
(E) The juvenile court that has jurisdiction to determine
custody of the minor, if the legal guardian or custodian of the
minor is not authorized by law or court order to consent to the
adoption;
(F) The minor, if more than twelve years of age, unless
the
court, finding that it is in the best interest of the minor,
determines that the minor's consent is not required.
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
do either of the
following 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:
(1) Regularly
communicate with the minor
or to provide;
(2) Significantly 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)(1) 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. 3107.101. (A) Not later than seven days after
a minor
to be adopted is placed in a prospective adoptive home
pursuant
to section 5103.16 of the Revised Code, the assessor
providing
placement or post placement services in the prospective
adoptive
home shall conduct a begin monthly prospective adoptive home
visit visits in that home, every thirty days, until the court
issues a final decree of adoption. During the prospective adoptive
home visits, the assessor shall evaluate the progression of the
placement in the prospective adoptive home. The assessor shall
include the evaluation in the prefinalization assessment required
under section 3107.12 of the Revised Code.
(B) During the prospective home visit required under division
(A) of this section, the assessor shall make face-to-face contact
with the prospective adoptive parent and the minor to be adopted.
The assessor shall make contact, as prescribed by rule under
division (C) of this section, with all other children or adults
residing in the prospective adoptive home.
(C) The director of job and family services shall adopt rules
in accordance with Chapter 119. of the Revised Code necessary for
the implementation and execution of this section.
(D) This section does not apply to an adoption by a
stepparent whose spouse is a biological or adoptive parent of the
minor to be adopted.
Sec. 3107.14. (A) The petitioner and the person sought to
be
adopted shall appear at the hearing on the petition, unless
the
presence of either is excused by the court for good cause
shown.
(B) The court may continue the hearing from time to time
to
permit further observation, investigation, or consideration of
any
facts or circumstances affecting the granting of the
petition, and
may examine the petitioners separate and apart from
each other.
(C) If, at the conclusion of the hearing, the court finds
that the required consents have been obtained or excused and that
the adoption is in the best interest of the person sought to be
adopted as supported by the evidence, it may issue, subject to
division
(C)(1) of section 2151.86,
section 3107.064, and division
(E) of section 3107.09 of the Revised
Code, and any
other
limitations specified in this chapter, a final decree of adoption
or an
interlocutory
order of adoption, which by its own terms
automatically becomes a
final decree of adoption on a date
specified in the order, which,
except as provided in division (B)
of section 3107.13
of the Revised Code,
shall not be less than six
months or more than one year from the
date of issuance of the
order the person to be adopted is placed in the petitioner's home,
unless sooner vacated by the court
for good cause shown. In
determining whether the adoption is in the best
interest of the
person sought to be adopted, the court shall not consider the
age
of the petitioner if the petitioner is old enough to adopt as
provided by
section 3107.03 of the Revised Code.
In an interlocutory order of adoption, the court shall
provide for observation, investigation, and a further report on
the adoptive home during the interlocutory period.
(D) If the requirements for a decree under division (C) of
this section have not been satisfied or the court vacates an
interlocutory order of adoption, or if the court finds that a
person sought to be adopted was placed in the home of the
petitioner in violation of law, the court shall dismiss the
petition and may determine the agency or person to have temporary
or permanent custody of the person, which may include the agency
or person that had custody prior to the filing of the petition or
the petitioner, if the court finds it is in the best interest of
the person as supported by the evidence, or if the person is a
minor,
the court may certify the case to the juvenile court of the
county where the
minor is then residing for appropriate action and
disposition.
(E) The issuance of a final decree or interlocutory order of
adoption for an adult adoption under division (A)(4) of section
3107.02 of the Revised Code shall not disqualify that adult for
services under section 2151.82 or 2151.83 of the Revised Code.
Sec. 3107.66. (A) As used in this section:
(1) "Adopted person" includes both an "adopted person" as
defined in section 3107.39 of the Revised Code and an "adopted
person" as defined in section 3107.45 of the Revised Code.
(2) "Adoptive parent" means a person who adopted an adopted
person.
(3) "Birth parent" means the biological parent of an adopted
person.
(4) "Birth sibling" means a biological sibling of an adopted
person.
(5) "Nonidentifying information" means information that is
not identifying information as defined in section 3107.01 of the
Revised Code.
(B) An adopted person age eighteen or older, an adoptive
parent of an adopted person under age eighteen, or an adoptive
family member
of a deceased adopted person may submit a written
request to the agency or
attorney who arranged
the adopted
person's adoption, or the probate court that finalized the adopted
person's adoption, for the agency, attorney, or court to
provide
the adopted
person, adoptive parent, or adoptive family member
information about the
adopted person's birth parent
or birth
sibling contained in the agency's, attorney's, or
court's adoption
records that
is nonidentifying information. Except as provided in
division (C)
of this section, the agency, attorney, or court shall
provide the
adopted person, adoptive parent, or adoptive family
member
the information sought within a reasonable
amount of time.
The agency, attorney, or court may charge a
reasonable fee for
providing the information.
A birth parent of an adopted person eighteen years of age or
older, a birth sibling age eighteen or
older, or a birth family
member of a deceased birth parent may submit a
written request
to
the agency or attorney who arranged the adopted person's
adoption,
or the probate court that finalized the adoption, for
the agency,
attorney, or court to provide the birth parent,
birth sibling, or
birth family member information
about the adopted person or
adoptive parent contained in the agency's,
attorney's, or court's
adoption records
that is nonidentifying information. Except as
provided in division
(C) of this section, the agency, attorney, or
court
shall provide the
birth parent, birth sibling, or birth
family member the information sought
within a reasonable amount of
time. The agency, attorney, or
court may charge a reasonable fee
for providing the information.
(C) An agency or attorney that has permanently ceased to
arrange
adoptions is not subject to division (B) of this section.
If
the adoption records of such an agency or attorney are held by
a
probate court, person, or other governmental entity pursuant to
section 3107.67 of the Revised Code, the adopted person,
adoptive
parent, adoptive family member, birth parent, birth sibling, or
birth
family member may submit the
written request that otherwise
would be submitted to the agency or attorney
under division (B) of
this section to the
court, person, or other governmental entity
that holds the
records. On receipt of the request, the court,
person, or other governmental
entity shall provide the information
that the agency or attorney would have
been required to provide
within a reasonable amount of
time. The court, person, or other
governmental entity may charge a reasonable
fee for providing the
information.
(D) Prior to providing nonidentifying information pursuant to
division (B) or (C) of this section, the person or
governmental
entity providing the information shall review the record to
ensure
that all identifying information about any person contained in the
record is deleted.
Sec. 3313.6011. (A) As used in this section, "sexual
activity"
has the same meaning as in section 2907.01 of the
Revised Code.
(B) Instruction in venereal disease education
pursuant to
division (A)(5)(c) of section 3313.60 of
the Revised Code shall
emphasize that abstinence from
sexual activity is the only
protection that is one hundred per cent effective
against unwanted
pregnancy, sexually transmitted disease, and the sexual
transmission
of a virus that causes acquired immunodeficiency
syndrome.
(C) In adopting minimum standards under section 3301.07 of
the
Revised Code, the state board of education shall require
course material and instruction in venereal disease education
courses taught
pursuant to division (A)(5)(c) of section 3313.60
of the Revised Code to do all of the following:
(1) Stress that students should abstain from sexual
activity
until after marriage;
(2) Teach the potential physical, psychological, emotional,
and
social side effects of participating in sexual activity
outside of marriage;
(3) Teach that conceiving children out of wedlock is likely
to have
harmful consequences for the child, the child's parents,
and society;
(4) Stress that sexually transmitted diseases are serious
possible hazards of sexual activity;
(5) Advise students of the laws pertaining to financial
responsibility of parents to children born in and out of
wedlock;
(6) Advise students of the circumstances under which it is
criminal to have sexual contact with a person under the age of
sixteen pursuant to section 2907.04 of the Revised Code;
(7) Emphasize adoption as an option for unintended
pregnancies.
(D) Any model
education program for health
education the
state board of education adopts
shall conform to the requirements
of
this section.
(E) On and after
March
18, 1999, and notwithstanding
section
3302.07 of the
Revised Code,
the superintendent of public
instruction shall not approve,
pursuant to
section 3302.07 of the
Revised
Code, any waiver of any
requirement of this
section or of
any rule adopted by the state
board of education pursuant to
this
section.
Sec. 3317.024. In addition to the moneys paid to eligible
school districts pursuant to section
3317.022 of the Revised Code,
moneys
appropriated for the education programs in divisions (A) to
(I),
(K), (L), and (N) of this
section shall be
distributed to
school districts meeting
the requirements of
section 3317.01 of
the Revised Code;
in the case of divisions (G)
and (L) of this
section, to educational service centers as
provided in section
3317.11 of the Revised Code; in the case of
divisions (D) and (J)
of this section, to
county MR/DD
boards; in the case of division
(N)
of this section,
to joint
vocational school districts; in the
case of division (H) of this
section, to
cooperative education
school districts; and in the
case of division (M) of
this section,
to the institutions defined
under section 3317.082 of the
Revised
Code providing elementary or
secondary education programs to
children
other than children
receiving special education under
section 3323.091 of the
Revised
Code. The following shall be
distributed monthly, quarterly, or
annually as may be determined
by the state board of education:
(A) An amount for each island school district and each
joint
state school district for the operation of each high school
and
each elementary school maintained within such district and
for
capital improvements for such schools. Such amounts shall be
determined on the basis of standards adopted by the state board
of
education.
(B) An amount for each school district operating classes
for
children of migrant workers who are unable to be in
attendance in
an Ohio school during the entire regular school
year. The amounts
shall be determined on the basis of standards
adopted by the state
board of education, except that payment
shall be made only for
subjects regularly offered by the school
district providing the
classes.
(C) An amount for each school district with guidance,
testing, and counseling programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(D) An amount for the emergency purchase of school buses
as
provided for in section 3317.07 of the Revised Code;
(E) An amount for each school district required to pay
tuition for a child in an institution maintained by the
department
of youth services pursuant to section 3317.082 of the
Revised
Code, provided the child was
not included in the calculation of
the district's average daily
membership for the preceding school
year.
(F) An amount for adult basic literacy education for each
district participating in programs approved by the state board of
education. The amount shall be determined on the basis of
standards adopted by the state board of education.
(G) An amount for the approved cost of transporting
eligible
pupils with disabilities attending a special education program
approved by the department of education whom it is impossible or
impractical to transport by regular school bus in the course of
regular route transportation provided by the district or service
center. No district or service center is eligible to receive a
payment under this division for
the cost of transporting any pupil
whom it transports by regular
school bus and who is included in
the district's transportation
ADM. The state board of education
shall establish
standards and guidelines for use by the department
of education
in determining the approved cost of such
transportation for each
district or service center.
(H) An amount to each school district, including each
cooperative education school district, pursuant to section
3313.81
of the Revised Code to assist in providing free lunches
to needy
children and an amount to assist needy school districts
in
purchasing necessary equipment for food preparation. The
amounts
shall be determined on the basis of rules adopted by the
state
board of education.
(I) An amount to each school district, for each pupil
attending a chartered nonpublic elementary or high school within
the district. The amount shall equal the amount appropriated for
the implementation of section 3317.06 of the Revised Code divided
by the average daily membership in grades kindergarten through
twelve in nonpublic elementary and high schools within the state
as determined during the first full week in October of each
school
year.
(J) An amount for each county MR/DD board,
distributed on
the
basis of standards adopted by the state board of education,
for
the approved cost of transportation required for children
attending special education programs operated by the county MR/DD
board under section 3323.09 of the Revised Code;
(K) An amount for each school district that establishes a
mentor teacher program that complies with rules of the state
board
of education. No school district shall be required to establish
or
maintain such a program in any year unless sufficient funds are
appropriated
to cover the district's total costs for the program.
(L) An amount to each school district or educational service
center for the total number of gifted units approved pursuant to
section 3317.05 of the Revised Code. The amount for each such
unit
shall be the sum of the minimum salary for the teacher of
the
unit, calculated on the basis of the teacher's training
level and
years of experience pursuant to
the salary schedule prescribed in
the version of section 3317.13 of the Revised Code
in effect prior
to
July 1, 2001,
plus fifteen
per cent of
that minimum salary
amount, plus two thousand six
hundred
seventy-eight
dollars.
(M) An amount to each
institution defined under section
3317.082 of the
Revised Code providing elementary or
secondary
education to children other than children receiving
special
education under section 3323.091 of the
Revised Code. This amount
for any
institution in any fiscal year shall equal the total of
all
tuition amounts required to be paid to the institution under
division (A)(1) of section
3317.082 of the Revised Code.
(N) A grant to each school district and joint vocational
school
district that operates a "graduation, reality, and
dual-role skills"
(GRADS) program for pregnant and parenting
students that is
approved by the department. The amount of the
payment shall be the district's
state share
percentage, as defined
in section 3317.022 or 3317.16 of the
Revised Code, times the
GRADS
personnel allowance times the full-time-equivalent number of
GRADS
teachers approved by the department. The GRADS personnel
allowance is
$47,555 in fiscal
years
2008 and 2009.
The GRADS
program shall include instruction on adoption as an option for
unintended pregnancies.
The state board of education or any other board of
education
or governing board may provide for any resident of a district
or
educational service center territory any
educational service for
which funds are made available to the
board by the United States
under the authority of public law,
whether such funds come
directly or indirectly from the United
States or any agency or
department thereof or through the state
or any agency, department,
or political subdivision thereof.
Sec. 5103.03.
(A) The director of job
and family services
shall
adopt rules as
necessary for the adequate and
competent
management
of institutions or associations. The director shall
ensure that foster care home study rules adopted under this
section align any home study content, time period, and process
with any
home study content, time period, and process required by
rules adopted
under section 3107.033 of the Revised Code.
(B)(1) Except for
facilities under the
control of
the
department of
youth services, places of detention
for children
established and maintained
pursuant to sections
2152.41 to
2152.44
of the Revised Code, and child
day-care
centers subject
to Chapter
5104. of the Revised Code, the
department
of job and
family
services every two years shall pass
upon
the fitness of
every
institution and association that
receives, or desires to
receive
and care for
children, or places
children in private
homes.
(2) When the department of job and family services is
satisfied
as to
the care given such children, and that the
requirements of
the
statutes and rules covering the management of
such
institutions and
associations are being complied with, it
shall
issue to the institution or association a certificate to
that
effect. A
certificate is valid for two years, unless sooner
revoked by the department. When determining whether an
institution
or
association meets a particular requirement for
certification,
the
department may consider the institution or
association to have
met the requirement if the institution or
association
shows to the
department's satisfaction that it has met
a
comparable requirement
to be accredited by a nationally
recognized
accreditation
organization.
(3) The department may issue a temporary certificate valid
for
less than one
year authorizing an institution or association
to
operate until
minimum requirements have been met.
(4) An institution or association that knowingly makes a
false statement that is included as a part of certification under
this section is guilty of the offense of falsification under
section 2921.13 of the Revised Code and the department shall not
certify that institution or association.
(C) The department may revoke a certificate if it finds that
the
institution or association is in violation of law
or rule. No
juvenile court shall commit a child to an association or
institution that is required to be certified under this
section if
its certificate
has been revoked or, if after revocation, the date
of reissue is less
than fifteen months prior to the proposed
commitment.
(D) Every two years, on a date specified by the department,
each
institution or association desiring certification or
recertification shall submit to the department a report showing
its condition, management, competency to care adequately for the
children who have been or may be committed to it or to whom it
provides care or services, the system of visitation it employs
for
children placed in private homes, and other information the
department requires.
(E) The department shall, not less than once each year, send
a
list of certified institutions and
associations to each juvenile
court and certified association or institution.
(F) No person shall receive children or receive or solicit
money
on behalf of such an institution or
association not so
certified
or whose certificate has been
revoked.
(G) The director may delegate by rule any
duties imposed on
it by
this section to inspect and approve
family foster homes and
specialized foster homes to
public children
services agencies,
private child placing agencies, or private
noncustodial agencies.
(H) If the director of job and family services determines
that an institution or association that
cares for children is
operating without a certificate, the director may
petition the
court of common pleas in the county in which the
institution or
association is located for an order enjoining its operation. The
court shall grant injunctive relief upon a showing
that the
institution or association is operating
without a certificate.
(I) If both of the following are the case, the director of
job and family services may petition the court of common pleas of
any county in which an institution or association that holds a
certificate under this section operates for an order, and the
court may issue an order, preventing the institution or
association from receiving additional children into its care or an
order removing children from its care:
(1) The department has evidence that the life, health, or
safety of one or more children in the care of the institution or
association is at imminent risk.
(2) The department has issued a proposed adjudication order
pursuant to Chapter 119. of the Revised Code to deny renewal of or
revoke the certificate of the institution or association.
Sec. 5107.30. (A) As used in this section:
(1) "Equivalent of a high school diploma" and "good cause"
have the meanings established in rules adopted under section
5107.05 of the Revised Code.
(2)
"Participating teen" means an individual to whom all of
the following apply:
(a) The individual is a participant of Ohio works
first;
(b) The individual is under age
eighteen or is age eighteen
and in school and is a natural or adoptive parent or is pregnant;
(c) The individual is subject to the LEAP program's
requirements.
(3) "School" means an educational program that is designed
to
lead to the attainment of a high school diploma or the
equivalent
of a high school diploma.
(B) The director of job and
family services may conduct
a
program titled the "LEAP program" in accordance with rules adopted
under section 5107.05 of the Revised Code. The purpose of the LEAP
program is to encourage
teens to complete school. The LEAP program
shall provide information on adoption as an option for unintended
pregnancies to participating teens.
Every participating teen shall attend school in accordance
with the requirements
governing the LEAP program unless the
participating teen shows good cause for not
attending school. The
department shall provide, in addition to
the cash assistance
payment provided under Ohio works
first,
an incentive payment, in
an amount determined by the department,
to every participating
teen who
attends school in accordance with the requirements
governing the LEAP
program. In addition to the incentive payment,
the department may provide other incentives to participating teens
who attend school in accordance with the LEAP program's
requirements. The department shall reduce the cash assistance
payment, in an
amount determined by the department, under Ohio
works first to
every participating teen
who
fails or refuses,
without good cause, to meet the LEAP program's requirements.
Every participating teen shall enter into a written agreement
with the county department of
job and family services that
specifies all of the
following:
(1) The participating teen, to be eligible to receive the
incentive
payment and other incentives, if any, under this
section, must meet the requirements of the LEAP program.
(2) The incentive
payment and other incentives, if any, will
be provided if the participating teen meets the requirements of
the LEAP program.
(3) The participating teen's cash assistance
payment under
Ohio works
first will be reduced if the participating teen fails
or
refuses without good cause to attend school in accordance with
the requirements
governing the LEAP program.
(C) A minor head of
household's participation in the LEAP
program
shall be counted in determining whether a county
department of job and family services meets the requirement of
section 5107.44 of the Revised Code.
(D) Subject to the availability of funds, county departments
of job and family services shall provide for participating teens
to receive support services the county department determines to be
necessary for LEAP participation. Support services may include
publicly funded child care under Chapter 5104. of the Revised
Code, transportation, and other services.
Sec. 5153.122. Each PCSA caseworker hired after January 1,
2007, shall complete at least one hundred two hours of in-service
training
during the first year of the caseworker's continuous
employment as a PCSA caseworker, except that the executive
director of the public children services agency may waive the
training requirement for a school of social work graduate who
participated in the university partnership program described in
division (D) of section 5101.141 of the Revised Code. The training
shall consist of courses in recognizing all of the following:
(A) Recognizing, accepting reports of, and
preventing child
abuse,
neglect, and dependency; assessing
(B) Assessing child
safety; assessing
(C) Assessing risks; interviewing
(D) Interviewing persons; investigating
(E) Investigating
cases; intervening
(F) Intervening; providing
(G) Providing
services to children and their
families; the
(H) The importance of and need for accurate data;
preparation
(I) Preparation for court; maintenance
(J) Maintenance of case record information; and
other
(K) Other topics relevant to child
abuse, neglect, and
dependency. The
training shall also include courses in the;
(L) The legal duties of PCSA
caseworkers to protect the
constitutional and statutory rights of
children and families from
the initial time of contact during
investigation through
treatment that shall include, including instruction
regarding
parents' rights and the limitations that the Fourth
Amendment to
the United States Constitution places upon
caseworkers and their
investigations;
(M) Educating pregnant or parenting persons who are the
subjects of the caseworker's cases on adoption as an option for
unintendend pregnancies.
After a PCSA caseworker's first year of continuous employment
as a PCSA caseworker, the
caseworker annually shall complete
thirty-six hours of training in areas
relevant to the caseworker's
assigned duties.
During the first two years of continuous employment as a PCSA
caseworker, each PCSA caseworker shall complete at least twelve
hours of training in recognizing the signs of domestic violence
and its relationship to child abuse as established in rules the
director of job and family services shall adopt pursuant to
Chapter 119. of the Revised Code. The twelve hours may be in
addition to the training required during the
caseworker's first
year of employment or part of the training required during the
second year of employment.
Sec. 5153.123. Each PCSA caseworker supervisor shall
complete at least sixty hours of in-service training during the
first year of the supervisor's continuous employment as a PCSA
caseworker supervisor. The training shall include courses in
screening reports of child abuse, neglect, or dependency, and
promoting the education of pregnant or parenting persons who are
the subjects of a PCSA caseworker's cases on adoption as an option
for unintended pregnancies. After a
PCSA caseworker supervisor's
first year of continuous employment
as a PCSA caseworker
supervisor, the supervisor annually shall
complete thirty hours
of training in areas relevant to the
supervisor's assigned
duties. During the first two years of
continuous employment as a
PCSA caseworker supervisor, each PCSA
caseworker supervisor shall
complete at least twelve hours of
training in recognizing the
signs of domestic violence and its
relationship to child abuse as
established in rules the director
of job and family services
shall adopt pursuant to Chapter 119. of
the Revised Code. The
twelve hours may be in addition to the
training required during
the supervisor's first year of
employment or part of the training
required during
the second
year of employment.
Section 2. That existing sections 2151.353, 2151.361,
2151.414, 2151.415, 3107.033, 3107.055, 3107.06, 3107.07,
3107.101,
3107.14, 3107.66, 3313.6011, 3317.024, 5103.03,
5107.30,
5153.122, and
5153.123 of the
Revised Code are hereby
repealed.
Section 3. The Director of Job and Family Services shall
establish a Child-Centered Recruitment Task Force. The Task Force
shall consist of the Director of Job and Family Services, adoption
professionals, and at least one professional from a public
children services agency, private noncustodial agency, and private
child placing agency. One member of the Task Force shall represent
an agency that has created, utilized, or is currently utilizing,
child-centered recruitment. Members of the Task Force shall serve
without compensation.
The Department of Job and Family Services shall provide the
Task Force with meeting space and administrative support.
The Task Force shall compile all effective procedures,
models, and other relevant information regarding child-centered
recruitment that public children services agencies, private
noncustodial agencies, and private child placing agencies
currently using child-centered recruitment utilize when seeking
adoptive families for children in permanent custody.
After compiling the procedures, models, or other relevant
information, the Task Force shall create a uniform child-centered
recruitment model based on the information compiled. The model
shall include recommendations for finding an adoptive family for
both of the following: (1) a child who has been in the custody of
a public children services agency for at least one year and (2) a
child who is nine years of age or older, in the custody of a
public children services agency, and does not have a potential
adoptive family identified. Not later than December 1, 2008, the
Task Force
shall disseminate the model to all public children
services
agencies, private noncustodial agencies, and private
child placing
agencies in this state. Upon dissemination of the
uniform
child-centered recruitment model, the Task Force shall
cease to
exist.
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