Chapter 5101:2-53 Indian Child Welfare Act

5101:2-53-01 Definitions related to the Indian Child Welfare Act.

(A) "Active efforts" means prompt and diligent efforts to:

(1) Determine the child's tribe(s) for which he or she may qualify for membership.

(2) Contact the child's tribe(s) when known.

(3) Provide remedial services and rehabilitative programs designed to prevent the breakup of the family.

(4) Coordinate with the child's tribe or any Indian organization to assist the Indian parent or Indian custodian with services needed to avoid the need for placement, or in the event placement becomes necessary, to serve as a placement for the child.

(5) Make arrangements to ensure visitation with the extended family, or if there is not family in the area, with other tribal members to support the child's cultural connections.

(6) Coordinate with the child's tribe and family to identify significant cultural and important familial events and arrange for the child's attendance.

(B) "Child custody proceedings" include foster care placements, termination of parental rights, preadoptive placements, and adoptive placements. A placement that meets the definition of foster care placement and results from an act that would not be deemed a crime if committed by an adult such as a status offense, is a child custody proceeding under the Indian Child Welfare Act (ICWA) as reauthorized by the "Child and Family Services Improvement Act" of 2006. A child custody placement pursuant to a divorce where someone other than one of the parents will obtain custody of the child is also a child custody proceeding under ICWA.

(C) "Extended family member" is defined by the law or custom of the Indian child's tribe, or in the absence of such law or custom, a person who has reached the age of eighteen and who is the Indian child's grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or step-parent.

(D) "Foster care placement" is any action where an Indian child is removed from his or her parents or Indian custodian for temporary placement in a home or institution, including guardianship and conservatorship, and where the parent or custodian cannot have the child returned upon demand but where parental rights have not been terminated.

(E) "Indian" is any person who is a member of an Indian tribe or an Alaskan native who is a member of a regional corporation as defined by the Alaska Native Claims Settlement Act 43 U.S.C. Sec. 1606 (2008).

(F) "Indian child" is any unmarried person under age eighteen and is either:

(1) A member of an Indian tribe.

(2) Eligible for tribal membership in an Indian tribe and is the biological child of a member of an Indian tribe, or an Alaskan native who is a member of a regional corporation as defined by the Alaska Native Claim Settlement Act.

(G) "Indian child's tribe" is the Indian tribe in which an Indian child is a member or eligible for membership, or in the case of an Indian child who is a member of or eligible for membership in more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.

(H) "Indian custodian" is any Indian person who has legal custody of an Indian child under either tribal law or custom or under state law or to whom temporary physical care, custody, or control has been transferred by the parent of the child.

(I) "Indian organization" is any group, association, partnership, corporation, or legal entity owned or controlled by Indians, or a majority of whose members are Indian.

(J) "Indian tribe" is any tribe, band, nation, or other organized group or community of Indians recognized by the secretary of the interior as eligible for services provided to Indians because of their status as Indians, including any Alaska native village as defined by the Alaska Native Claims Settlement Act, 43 U.S.C. Sec. 1602 (2000).

(K) "Parent" means the biological parent or parents of an Indian child or an Indian person who has adopted an Indian child either under state law or tribal law or custom. This includes the non-Indian biological parent but it does not include a putative father whose paternity has not been established.

(L) "Qualified expert witness" means an expert on the child's tribe. In addition, the bureau of Indian affairs has promulgated "Guidelines for State Courts" which interpret the ICWA. The following characteristics are set forth at 44 Federal Register 67,593 (1979) as those most likely to qualify a witness as an expert under ICWA:

(1) A member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child rearing practices.

(2) A lay expert witness having substantial experience in the delivery of child and family services to Indians, and extensive knowledge of prevailing social and cultural standards and child rearing practices within the Indian child's tribe.

(3) A professional person having substantial education and experience in the area of his or her specialty.

(M) "Reservation" means Indian country as defined in section 1151 of Title 18, U.S.C. (1949) and any lands which are either held by the United States in trust for the benefit of any Indian tribe or individual, or held by any Indian tribe or individual subject to a restriction by the U.S. against alienation.

(N) "State court of competent jurisdiction" means an Ohio juvenile court.

(O) "Secretary" means U.S. secretary of the interior.

(P) "Tribal court" is a court having jurisdiction over child custody proceedings. It may be an Indian court of offenses, a court established and operated under tribal law or custom, or any other administrative body of a tribe which is vested with authority over child custody proceedings.

(Q) "Tribal intervention" means a tribe may act on its right to participate in a child custody proceeding. This intervention can be wide in its interpretation; the tribe may request to transfer the case to tribal court (a transfer of jurisdiction) or the tribe may choose to only monitor the case through court records. Transfer of jurisdiction can be requested by either the parent or the tribe. A tribe may intervene at any point in an Indian child custody proceeding.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 3/20/87, 2/1/03, 4/20/08

5101:2-53-02 [Rescinded] Administrative responsibilities and record keeping for children affected by the Indian Child Welfare Act.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 3/20/87, 4/1/87, 2/1/03, 04/20/2008

5101:2-53-03 Determination of Indian status, tribal eligibility and membership.

(A) The public children services agency (PCSA) or the private child placing agency (PCPA) shall follow all of the Indian child welfare rules and guidelines as outlined by the Indian Child Welfare Act (ICWA) as reauthorized by the "Child and Family Services Improvement Act" of 2006. Failure to identify Indian children can nullify court proceedings that have not been conducted in accordance with ICWA.

(B) For each referral the agency screens in, the agency shall make sufficient inquiry to determine whether a child or a family member of the child is a member or eligible for membership in an Indian tribe upon the initial face to face contact with the child's parent, guardian or custodian.

(C) If the child's parents, guardian or custodian are unavailable or unable to provide information regarding the Indian heritage, the agency shall consider the following and document in the case record:

(1) A consultation with relatives or collaterals providing information which suggests the parent or the child may or may not be of Indian heritage.

(2) An examination of any other information bearing on the determination of the child's Indian heritage, such as a review of all documentation in the file, including contact with previous caseworkers and communication from other sources, ( e.g., Indian tribes and Indian organizations).

(D) If the agency is initiating court action for removal or custody of the child and information is obtained that suggests a child may be of Indian heritage but the tribe cannot be identified, the agency shall contact the bureau of Indian affairs (BIA), pursuant to paragraph (E) of this rule, to determine if:

(1) The birth place of the child or parent is known to be a common residence of an Indian family.

(2) The surname of the child or parent is one identified to be common among members of Indian tribes.

(E) If the agency is initiating court action for removal or custody of the child and information is obtained that suggests a child is of Indian heritage, is a tribal member or is eligible for membership and a tribe or possible tribes have been identified, the agency shall do all of the following:

(1) Contact the tribe or possible tribes within fourteen days of the date the information was obtained; and

(2) Submit a request to the tribe by certified letter for written verification from the tribe regarding the child's eligibility for tribal membership. The agency's inquiry to the tribe shall be sent "return receipt requested" to a membership committee, an enrollment clerk, or individual who is accustomed to responding to questions about tribal membership. If the tribe does not respond, the caseworker shall contact the tribe by telephone and document contacts made in the case record. Sources of verification include, but are not limited to, the following:

(a) "U.S. Bureau of Indian Affairs, Minneapolis Area Midwest Regional Director, Bureau of Indian Affairs, One Federal Drive, Room 550, Fort Snelling, Minnesota 55111-4007."

(b) "Bureau of Indian Affairs, MS-4606-MIB, 1849 C Street, N.W., Washington, D.C. 20240."

(3) Bring to the juvenile court's attention, if applicable, any documentation submitted by the tribe and the agency's efforts to verify the child's Indian status.

(4) Include the following information with the petition filed in such proceeding:

(a) The name, age, tribal affiliation(s) and last known address of the Indian child.

(b) The name and address of the child's parent(s) and/or Indian custodian(s), if any, and tribe. The agency shall provide a detailed explanation of active efforts made to locate the parents, Indian custodian and/or the Indian child's tribe.

(c) A detailed account of the circumstances which led the agency to conclude that the child would suffer imminent physical damage or harm.

(d) A specific plan of action the agency is following, including services provided, to restore the child to his or her parent(s) or Indian custodian, or to transfer the child to the jurisdiction of the appropriate Indian tribe.

(F) If the juvenile court takes action to verify the child's Indian heritage, the agency shall provide the court with assistance if so requested.

(G) The agency shall assist the family in filing required documents if the family wishes to submit an application for the child to become a member of his or her tribe.

(H) A child who is determined by the tribe not to be a member nor eligible for membership is not subject to the requirements of the ICWA. Once tribal ineligibility has been determined, tribal status should be clearly documented in the case record, along with the date and source of documentation. In such cases, agency staff shall:

(1) Document in the case record steps taken to determine the child's Indian/tribal ancestry and the tribe's written statement declaring the child ineligible for membership.

(2) Incorporate in any court hearing the tribe's written statement declaring the child ineligible for membership.

Replaces: part of rule 5101:2-53-04

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 4/1/87, 2/1/03, 04/20/2008

5101:2-53-04 [Rescinded] Emergency removal of the Indian child.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16 , 2151.31
Rule Amplifies: 5103.03 , 5153.16 , 2151.31
Prior Effective Dates: 4/1/87, 1/1/90, 2/1/03, 04/20/2008

5101:2-53-05 Voluntary placement for temporary custody of Indian child.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) may accept a voluntary placement agreement for temporary custody of an Indian child from a parent, guardian or Indian custodian for the purpose of placing the child in substitute care only if the agreement is executed upon an JFS 01645 "Agreement for Temporary Custody of Child" (rev. 4/2006) and is recorded before a juvenile court, or a tribal court, if jurisdiction has been transferred there.

(B) The agency shall submit a notification of the voluntary placement agreement to the tribe's designated agent or tribal court pursuant to rule 5101:2-53-03 of the Administrative Code. The tribe retains the right to participate as an interested party or to intervene at any point, even if the tribe has declined to be involved.

(C) An agency shall abide by the agreement for temporary custody requirements set forth in rules 5101:2-42-06 , 5101:2-42-07 and 5101:2-42-08 of the Administrative Code, and shall document in the child's case record that:

(1) The agreement for temporary custody was not executed until at least ten days after the birth of the Indian child. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid.

(2) The terms and consequences of the agreement for temporary custody were fully explained in detail. If the agency has reason to believe that the parent or Indian custodian will not understand the agreement for temporary custody because of possible limited English proficiency, a copy of the agreement shall be sent to the bureau of Indian affairs (BIA) area office nearest to the residence of that person, and a request made of BIA to arrange for translation in the language that the parent or Indian custodian best understands. The voluntary agreement for temporary custody shall not be executed until it has been translated into the language that the parent or Indian custodian best understands.

(3) The parent or legal guardian is requesting the agency take custody and provide services because one of the following conditions exists:

(a) The child cannot remain at home due to a temporary crisis in the family, and cannot safely stay with a member of the extended family or another responsible adult well known to the child.

(b) The child needs to be placed outside the home due to problems in the family that could compromise the safety of a family member, and a placement of limited duration with assistance from the agency providing intensive services that are likely to reunite the family and reduce the safety concerns is needed.

(4) The parent or legal guardian or custodian is immediately and temporarily unable to fulfill his or her parental responsibilities and this inability will be alleviated with short-term placement.

(D) Any parent or Indian custodian may withdraw consent to a foster care placement under law at any time, orally or by written notification and, upon such withdrawal, the child shall be returned to the parent or Indian custodian.

(E) If a parent or Indian custodian request the termination of the voluntary agreement and the agency has reason to believe the child will be unsafe if returned home to the parent or Indian custodian, the agency shall submit a request to the juvenile court requesting temporary or permanent custody.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5103.15 , 5153.16
Rule Amplifies: 5103.03 , 5103.15 , 5153.16
Prior Effective Dates: 4/1/87, 1/1/90, 2/1/03, 04/20/2008

5101:2-53-06 Emergency removal and involuntary custody of Indian children.

(A) A public children services agency (PCSA) can take emergency protective custody of any Indian child pursuant to paragraph (C) of rule 5101:2-39-01 of the Administrative Code regardless of the jurisdictional status of his or her tribe as long as the child is in danger of imminent physical damage or harm.

(B) When emergency removal of a child from his or her own home is necessary, the PCSA shall consider the child's racial or ethnic background to determine Indian heritage. In such cases where the circumstances during the removal are not favorable to identify or inquire if a child is of Indian heritage, upon the agency's initial contact the case worker shall take the required steps to determine the Indian status of eligibility and membership. The agency shall act in accordance with the requirements set forth in paragraph (C) of rule 5101:2-53-03 of the Administrative Code.

(C) Prior to an involuntary custody court proceeding, the PCSA or private child placing agency (PCPA) shall provide the court with information which either proves or suggests a child is a member of an Indian tribe and is eligible to be within the jurisdiction of a tribal court pursuant to rule 5101:2-53-03 of the Administrative Code.

(D) The agency shall notify the parents or Indian custodian and the Indian child's tribe or tribal court, region director at the bureau of Indian affairs (BIA), and the U.S. secretary of the interior of all juvenile court proceedings involving foster care placement, termination of parental rights, pre-adoptive or adoptive placement. The agency shall send the notice by registered mail with "return receipt requested" and the notice shall include:

(1) The name of the Indian child.

(2) The Indian child's tribal affiliation.

(3) A copy of the petition, complaint, or other document by which the proceeding was initiated.

(4) The name of the petitioner and the name and address of the petitioner's attorney.

(5) A statement of the right of the parent or Indian custodian and the child's tribe to intervene in the proceeding.

(6) A statement of the right of the parent or Indian custodian and the Indian child's tribe that no temporary or permanent court commitment proceeding shall be held until at least ten days after the parent or Indian custodian and the Indian child's tribe have received notice of the agency's intention to commence such an involuntary court action. This statement shall also include the provision that, upon request, the parent or Indian custodian or the Indian child's tribe shall be granted up to twenty additional days to prepare for the proceedings.

(7) The location, mailing address, and telephone number of the juvenile court.

(8) A statement of the right of the parent or Indian custodian or the Indian child's tribe to petition the juvenile court to transfer the proceeding to the Indian child's tribal court.

(9) A statement of the potential legal consequences of an adjudication on future custodial rights of the parents or Indian custodians.

(10) A statement regarding the confidential nature of child custody proceedings.

(E) If there is reason to believe that the parent or Indian custodian will not understand the notice because of possible limited English proficiency, a copy of the notice shall be sent by the agency to the BIA area office nearest to the residence of that person, and a request made of BIA to arrange for translation in the language that the parent or Indian custodian best understands. The PCSA or PCPA shall document the request for translation in the file.

(F) The agency shall notify the tribe's designated agent or tribal court affecting their tribal member even if the tribe has declined to be involved. The tribe retains the right to participate as an interested party or to intervene at any point in the proceeding.

(G) If the identity or location of the parent or Indian custodian and the tribe cannot be identified, the agency shall send the same type of notification identified in paragraph (D) of this rule in the same manner to the region director at BIA and U.S. secretary of the interior, who shall have fifteen days after receipt to notify the parents or Indian custodian and the tribe.

(H) If the agency recommends foster placement, an affidavit documenting active efforts shall be submitted to the court containing all of the following information:

(1) A description of active efforts to coordinate with the child's tribe or any Indian organization in assisting the Indian parent or Indian custodian with services needed to prevent the need for placement, and an explanation of why these services were unsuccessful in maintaining the child in the home.

(2) An explanation of why the child cannot be protected from serious emotional or physical harm if the child remains in the home even if services are provided to the child and family.

(3) An explanation of the diligent efforts made to contact the child's extended family about providing a placement for the child or, if any members are not known, diligent efforts made to contact the child's tribe and other local Indian organizations for assistance in identifying and contacting extended family, other tribal members, or Indian families for placement.

(I) The agency shall submit a report that contains the following information at the review hearing:

(1) A description of active efforts to reunify the family since the last disposition or review hearing and if those efforts were not successful, an explanation regarding why.

(2) That efforts were made by the agency to arrange for the child's visitation with extended family, or with other tribal members, to ensure the child's ongoing participation in his or her culture.

(3) A statement of family changes needed to correct the problems necessitating intervention, with timetables for accomplishing them.

(4) A description of services to be provided to assist the family, specifically identifying those made available with assistance from the tribe or an Indian organization.

(5) A description of services to be provided to ensure the child's ongoing connection to his or her culture while placed outside of his/her family, including attendance at significant cultural events.

(6) A description of actions to be taken by the parents to correct the identified problems, and of the parents' compliance with the case plan thus far.

(7) A statement that active efforts have been made to provide services to rehabilitate or prevent the breakup of the Indian family and that these efforts were not successful.

(J) If the agency petitions the court for termination of parental rights, the agency shall include the following information in the petition:

(1) The description of circumstances supporting the grounds for termination.

(2) A description of the active efforts made to provide remedial services and rehabilitative programs as coordinated efforts to prevent the breakup of the family and why these efforts were unsuccessful.

(3) A description of the active efforts made to assist the Indian parent or custodian with services needed to avoid termination of parental rights and an explanation of why these efforts were unsuccessful.

(4) An explanation of why the child cannot be protected from the identified problems in the home.

(5) A summary of the tribe's position regarding the permanency plan, including any attachments or supporting documents sent by the tribe to the agency.

(6) An explanation of the efforts completed pursuant to rule 5101:2-53-08 of the Administrative Code.

(7) A description of arrangements made by the agency to ensure visitation and all efforts made to maintain the child's cultural connections.

(8) A permanency plan for the child.

(K) Upon the agency's determination that there are compelling reasons not to pursue termination of parental rights or reunification, the agency shall petition the court for a planned permanent living arrangement disposition. The planned permanent living arrangement petition shall include the following:

(1) Documented facts and circumstances refuting the grounds for termination of parental rights. The agency has to show that although the child cannot be returned home, termination of parental rights is not in the child's best interest.

(2) A description of why the planned permanent living arrangement is in the child's best interest.

(3) A description of the active efforts made to provide remedial services and rehabilitative programs as coordinated efforts to prevent the breakup of the family and why these efforts were unsuccessful.

(4) An explanation of the active efforts made to contact the child's tribe, extended family, and other local Indian organizations for assistance in identifying a culturally appropriate placement for the child.

(5) An explanation of why the child cannot be moved to a placement that meets the preferences established in accordance with rule 5101:2-53-08 of the Administrative Code if the child is not placed with the tribal placement preference.

(6) A description of arrangements made by the agency to ensure visitation with extended family, or, if there is no extended family, with other tribal members, to support the child's cultural connections.

(7) A summary of the tribe's position regarding the permanency plan, including any attachments or supporting documents sent by the tribe to the agency.

(8) A plan to ensure the stability of the planned permanent living arrangement.

Replaces: part of rule 5101:2-53-04

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 3/20/87, 2/1/03, 04/20/2008

5101:2-53-07 Permanent surrender or parental consent to adoptive placement of Indian children.

(A) A public children services agency (PCSA) or private child placing agency (PCPA) may accept a permanent surrender of an Indian child by a parent or Indian custodian only if the surrender is executed on a JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) and is recorded before a juvenile court, or a tribal court if jurisdiction has been transferred there.

(B) The agency shall act in accordance by the permanent surrender requirements set forth in rules 5101:2-42-09 and 5101:2-42-95 of the Administrative Code with the exception that a permanent surrender for an Indian child cannot be executed until at least ten days after his or her birth.

(C) All juvenile court proceedings are to be notified to the tribe's designated agent or tribal court by the agency of every proceeding affecting their tribal member even if the tribe has declined to be involved. The tribe still retains the right to participate as an interested party or to intervene at any point in the proceedings.

(D) The agency shall recognize and adhere to the following rights of parents of Indian children relative to the withdrawal of permanent surrender or parental consent to adoptive placements:

(1) A permanent surrender action or consent to adoption may be withdrawn at any time for any reason prior to the issuance of a final decree of adoption. Upon such withdrawal, the Indian child is to be returned to his or her parent or Indian guardian.

(2) Within two years after the entry of a final decree of adoption, the parent or Indian custodian may withdraw consent to adoption if the parent or Indian custodian can prove parental consent was obtained through fraud or duress. Upon court order, the Indian child is to be returned to the parent or Indian custodian.

(E) If the agency has reason to believe that the parent or Indian custodian will not understand the permanent surrender because of possible limited English proficiency, a copy of the JFS 01666 form shall be sent to the bureau of Indian affairs (BIA) area office nearest to the residence of that person, and a request is made of BIA to arrange for translation in the language that the parent or Indian custodian best understands.

Replaces: 5101:2-42-54

R.C. 119.032 review dates: 10/08/2013 and 10/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 4/1/87, 2/1/03

5101:2-53-08 Placement preference of Indian children.

(A) When the public children services agency (PCSA) or private child placing agency (PCPA) has temporary custody of an Indian child, it shall select a substitute care setting that is consistent with the best interest and special needs of the child and that meets the following criteria:

(1) Is considered the least restrictive, most family-like setting available to meet the child's emotional and physical needs.

(2) Is in close proximity to the home from which the child was removed or the home in which the child will be permanently placed.

(3) Is in close proximity to the school in which the child was enrolled prior to placement.

(4) Is designed to enhance the likelihood of achieving permanency plan goals.

(5) Is able to provide a safe environment for the child.

(B) In any substitute or pre-adoptive placement consideration, the agency shall consider placement preference to the following in order from least restrictive to most restrictive:

(1) A member of the Indian child's extended family.

(2) A foster home licensed, approved, or specified by the Indian child's tribe.

(3) An Indian foster home certified by the Ohio department of job and family services (ODJFS) or another state agency with such authority.

(4) An institution for children approved by an Indian tribe or operated by an Indian organization which has a program suitable to meet the Indian child's needs.

(C) The agency shall attempt to place siblings in the same home unless it is not in the child's or siblings' best interest.

(D) When the Indian child's tribe establishes a different order of preference by resolution for a non-adoptive substitute care placement or an adoptive placement, the agency or court effecting the placement shall abide by the tribe's order so long as the placement is the least restrictive setting appropriate to the particular needs of the child.

(E) In any adoptive placement of an Indian child, a placement preference shall be given, to the following:

(1) A member of the child's extended family.

(2) Other members of the Indian child's tribe.

(3) Other Indian families.

(4) Other non-Indian prospective adoptive families.

(F) If the agency believes that there is good cause not to abide by the order of placement preference, then its findings shall be based on one or more of the following considerations:

(1) The request of the biological parents or, when age-appropriate, by the Indian child.

(2) The extraordinary physical or emotional needs of the child as determined by a qualified expert witness.

(3) The unavailability of preferred families after a diligent search for such families has been conducted.

(G) The burden of establishing the existence of good cause not to follow the order of placement preference is the responsibility of the agency, if the agency's decision is that the placement preference not be followed.

(H) Whenever an Indian child is placed by or leaves the custody of an agency, the agency shall complete a JFS 01646 "Report of Indian Child Placement" (rev. 11/2007). The JFS 01646 shall be submitted to ODJFS or documented in the statewide automated child welfare information system (SACWIS) within fourteen calendar days of the child's placement or termination from custody.

(I) The Indian child's case record shall contain the complete record of placement determination.

Replaces: part of rule 5101:2-53-02

Effective: 02/01/2014
R.C. 119.032 review dates: 10/08/2013 and 02/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03 , 5153.16
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 3/20/87, 04/20/2008