5101:2-39-30 Protective supervision by PCPAs.

(A) If a private child placing agency (PCPA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court to impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person as needed. Reasonable restrictions may include, but not be limited to:

(1) Ordering a parent, guardian, or custodian, 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) Ordering a parent, guardian, or custodian, to prevent a particular person from having contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(4) Ordering a parent, guardian, or custodian to attend an appropriate, reasonably available, counseling program.

(B) For each child under an order of protective supervision:

(1) The PCPA shall prepare and maintain a case plan pursuant to rule 5101:2-39-10 of the Administrative Code.

(2) The PCPA shall make available appropriate supportive services to the child, parent, guardian, or custodian, or, if applicable, prefinalized adoptive parent. The PCPA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCPA shall complete a semiannual administrative review pursuant to rule 5101:2-42-43 of the Administrative Code for any case if there is an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCPA shall file a written request with the court to either terminate, or extend for six months, the order of protective supervision.

(D) The PCPA shall provide written notice of the proposed extension, or termination, to all parties of the case plan and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) If a PCPA 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 the request is filed with the court.

(F) The PCPA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(G) If the court grants an extension of the order for protective supervision, the PCPA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.33 , 2151.353 , 5103.03 , 5153.16
Rule Amplifies: 2151.33 , 2151.353 , 5103.03 , 5153.16
Prior Effective Dates: 1/1/89, 6/1/97, 1/1/02, 4/17/06