Chapter 5101:2-39 Removals

5101:2-39-01 Removal of a child from his or her own home.

(A) Reasonable efforts shall be made by the public children services agency (PCSA) or private child placing agency (PCPA) to provide support and services to children and families in their own homes to prevent removal.

(B) If the PCSA or PCPA makes reasonable efforts with respect to the child as described in this rule, the child's health and safety shall be paramount.

(C) If PCSA or PCPA has determined a child cannot be maintained safely in his or her own home or through implementation of an out-of-home safety plan, the PCSA or PCPA shall pursue removal of the child from the home.

(D) If removal of a child from the home is necessary, the PCSA or PCPA shall file a complaint in the juvenile court with a motion requesting removal of the child and provide advance notice to the parent, guardian, or custodian regarding the time of the court hearing.

(E) If emergency removal of a child from his or her own home is necessary, the PCSA shall do one of the following, as necessary to ensure the safety of the child:

(1) Petition the court for an ex parte emergency order to remove the child.

(2) Request the assistance of a law enforcement officer or a duly authorized officer of the court, if exigent circumstances requiring immediate intervention exist, and time does not permit obtaining a court order.

(F) If a PCSA removes a child pursuant to paragraph (D) or (E) of this rule or the PCPA removes a child pursuant to paragraph (D) of this rule the PCSA or PCPA shall:

(1) Petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next working day.

(2) Provide the court with documentation of the provision of reasonable efforts to prevent removal or documentation reasonable efforts are not required pursuant to paragraph (I) of this rule.

(3) Request the court make a determination of one of the following:

(a) Reasonable efforts to prevent removal were made through the provision of supportive services.

(b) Reasonable efforts were not possible due to the urgent nature of the child's removal.

(c) Reasonable efforts were not required pursuant to paragraph (I) of this rule.

(G) At any hearing on the continued placement of the child, the PCSA or PCPA shall provide the court with documentation and request the court make a determination of one of the following:

(1) Reasonable efforts have been made and continue to be made to make it possible for the child to safely return home through the provision of supportive services.

(2) Reasonable efforts were made and continuation of reasonable efforts to make it possible for the child to safely return home is inconsistent with the permanency plan for the child.

(H) The PCSA or PCPA shall provide the court with documentation and request the court make a judicial determination reasonable efforts have been made to finalize the permanency plan in accordance with rule 5101:2-47-22 of the Administrative Code.

(I) Reasonable efforts to prevent removal or to return the child home are not required if the PCSA or PCPA finds the parent from whom the child was removed has:

(1) 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, another 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 to committing, an offense described in paragraph (I)(1)(a) or (I)(1)(d) of this rule.

(2) Been required to register with a sex offender registry in accordance with section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006.

(3) Repeatedly withheld medical treatment or food from the child if the parent has the means to provide the treatment or food. If the parent withholds medical treatment in order to treat the physical or mental illness or defect of the child by spiritual means through prayer alone, in accordance with the tenets of a recognized religious body, the agency shall comply with the requirements of division (A)(1) of section 2151.419 of the Revised Code.

(4) Placed the child at substantial risk of harm two or more times due to alcohol or drug abuse and rejects treatment two or more times or refuses to participate in further treatment two or more times after a case plan is developed pursuant to rule 5101:2-39-10 or 5101:2-38-05 of the Administrative Code requiring treatment of the parent and is journalized as part of a dispositional order issued with respect to the child or an order is issued by any other court requiring such treatment of the parent.

(5) Abandoned the child.

(6) Had parental rights terminated pursuant to section 2151.353 , 2151.414 , or 2151.415 of the Revised Code with respect to a sibling of the child.

(7) Deserted the child pursuant to section 2151.352 of the Revised Code.

(J) If removal of the child occurs and the parent, guardian, or custodian is present, the PCSA or PCPA shall provide the child, if age-appropriate, and the parent, guardian, or custodian with the following information verbally and in writing:

(1) Reason for the removal.

(2) PCSA name, telephone number, address, and name of person to contact regarding the case.

(3) Visitation schedule prior to a journalized case plan.

(4) Time and place of court hearings, when known and applicable.

(5) If known, the name and telephone number of the employee designated by the court to provide the appointment of counsel to a parent, guardian, or custodian who cannot afford to hire an attorney.

(K) If emergency removal of a child occurs in the absence of the parent, guardian, or custodian, the PCSA shall provide or attempt to provide the parent, guardian, or custodian with the information stated in paragraphs (J)(1) to (J)(5) of this rule within twenty-four hours. Notification shall be given verbally and in writing.

(L) The PCSA or PCPA is not required to duplicate any written notice previously provided by a court officer or court employee.

(M) The PCSA shall request assistance from the appropriate law enforcement agency to remove a child if any of the following conditions exist:

(1) The parent, guardian, or custodian or child offers physical resistance to the removal.

(2) The safety of the child or PCSA employee is jeopardized.

(N) The PCSA or PCPA shall make reasonable efforts to place siblings removed pursuant to paragraph (D) or (E) of this rule in the same foster home, kinship home, or adoptive placement unless the PCSA or PCPA has documented that joint placement would be contrary to the safety or well-being of any of the siblings.

(O) If siblings are not placed together pursuant to paragraph (N) of this rule:

(1) The PCSA shall develop a written visitation plan pursuant to rule 5101:2-38-05 of the Administrative Code.

(2) The PCPA shall develop a written visitation plan pursuant to rule 5101:2-39-10 of the Administrative Code.

(P) The PCSA or PCPA shall do all of the following within thirty days after removal of a child from his or her parent, guardian or custodian:

(1) Exercise due diligence in identifying maternal and paternal grandparents and other adult relatives of the child, including any adult relatives suggested by the child's parents.

(2) Provide notice to maternal and paternal grandparents and other adult relatives of the child identified in accordance with paragraph (P)(1) of this rule, specifying all of the following:

(a) The child has been or is being removed from the parents' custody.

(b) The options the relative has to participate in the care and placement of the child including any options that may be lost by failing to respond to the notice.

(c) The requirements to become a foster family home and the additional services and supports available for children placed in a foster home.

(d) The date and method of notification shall be documented in the case record in accordance with rule 5101:2-33-23 of the Administrative Code.

(3) PCSA or PCPA shall document in the case record if any adult relative identified pursuant to paragraph (P)(1) of this rule has a history of family or domestic violence. The PCSA or PCPA is not required to notify adult relatives with a history of family or domestic violence pursuant to paragraph (P)(2) of this rule .

(4) The PCSA shall assess relative respondents pursuant to rule 5101:2-42-18 of the Administrative Code to determine whether or not placement is approved. Upon placement of the child with an approved relative, the PCSA is not required to assess any other relative respondent; but keep a recorded list of the identified adult relatives in the case record.

(Q) If the PCSA removes a child from the home due to abuse, neglect or dependency and the family is a participant in Ohio works first (OWF), the PCSA shall notify the county department of job and family services (CDJFS) of the child's removal according to procedures contained in the OWF county plan of cooperation.

(R) At the end of each month for the first five months after the PCSA takes the child into custody, the agency shall provide the CDJFS with the following information:

(1) Whether or not the parent, guardian, or custodian is cooperating with the case plan prepared pursuant to rule 5101:2-38-05 of the Administrative Code.

(2) Whether or not the PCSA is making reasonable efforts to return the child to the home of the OWF assistance group.

(S) The PCSA or PCPA shall document all activities, notifications and copies of court documents required by this rule in the case record.

Effective: 11/10/2011
R.C. 119.032 review dates: 08/19/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5101.02 , 5103.03 , 5153.16
Rule Amplifies: 2151.412 , 2151.421 , 5101.02 , 5103.03 , 5107.10 , 5153.16
Prior Effective Dates: 1/14/83, 1/1/87, 1/1/88, 1/1/89, 10/1/97 Emer.), 12/30/97, 3/18/99 (Emer.), 6/17/99, 7/1/00, 4/1/01, 3/1/06, 10/29/09, 12/31/10

5101:2-39-02 Case records for children services. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-03 Removal of a child from substitute care placement.

(A) Removal of a child from an out-of-home care setting shall be considered necessary if it is determined the child is in immediate danger of serious harm and in need of protection from child abuse or neglect or the presence of the child in the out-of-home care setting places another child in the out-of-home setting in immediate danger of serious harm.

(B) If a child in the custody of a public children services agency (PCSA) is removed from a substitute care placement the PCSA shall provide the child, if age-appropriate, and parent, guardian, or custodian; out-of-home care caretaker; and guardian ad litem with the following information verbally and in writing within twenty-four hours.

(1) Reason for removal.

(2) PCSA name, telephone number, address, and name of person to contact regarding the case.

(3) Time and place of court hearings, as applicable.

(C) If a PCSA determines the need for removal of a child in the custody of another PCSA; private child placing agency (PCPA); or children services agency (CSA); the PCSA shall do all of the following:

(1) Immediately contact the PCSA, PCPA or CSA holding custody of the child and notify the agency of the circumstances necessitating the recommendation for removal.

(2) Provide the custodial PCSA, PCPA or CSA with the agency's name, telephone number, address, and name of person to contact regarding the case.

(3) Provide all notifications required pursuant to this paragraph in writing within three working days.

(D) If emergency removal of a child occurs and attempts to notify the parent, guardian, or custodian; out-of-home setting caretaker; and guardian ad litem pursuant to paragraph (A) of this rule are unsuccessful, the PCSA shall provide written notice of the information listed in paragraph (A) of this rule within twenty-four hours.

(E) The PCSA or PCPA holding custody of the child shall complete an amendment to the case plan in accordance with rule 5101:2-38-05 or 5101:2-39-10 of the Administrative Code upon removal of a child from a substitute care placement.

(F) The PCSA shall document all activities and notifications required by this rule in the case record.

Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5101.02 , 5103.03 , 5153.16
Rule Amplifies: 2151.412 , 2151.421 , 5101.02 , 5103.03 , 5153.16
Prior Effective Dates: 1/14/83, 1/1/87, 1/1/88, 1/1/89, 3/1/06

5101:2-39-05 Reasonable efforts. [Rescinded].

Rescinded eff 10-29-09

5101:2-39-06 Preplacement preventive services, reunification services and life skill services. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-07 Supportive services. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-08 Requirements for PCSA case plan for in-home supportive services without a court order. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-08.1 PCSA case plan for children in custody or under court-ordered protective supervision. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-08.2 Child's education and health information. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-10 PCPA case plan for children in custody or under court-ordered protective supervision.

(A) The private child placing agency (PCPA) shall develop and complete a case plan if services are provided to the child in his or her own home or in a substitute care setting and one of the following occurs:

(1) The PCPA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCPA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCPA to provide protective supervision for a child living in his or her own home.

(4) The court orders the PCPA to place the child in a planned permanent living arrangement.

(5) The PCPA has not placed the child for adoption within six months after the JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) is executed without juvenile court approval for a child in the custody of the PCPA who was under the age of six months at the time the permanent surrender was executed.

(B) If initiating the case planning process, the PCPA shall:

(1) Provide verbal or written notification to the following parties of their responsibility to work with the agency in jointly developing, implementing, and reviewing the case plan no fewer than seven days prior to the date the case plan is completed:

(a) Child's parent, guardian or custodian.

(b) Pre-finalized adoptive parent, if applicable.

(c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

(d) Child, if age appropriate.

(e) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined by the child's tribe, if applicable. Services in the community specifically designed for the Indian family are to be used if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(2) Work with all parties on the development, implementation, and review of the case plan; attempt to obtain agreement on the contents of the case plan by the parties mentioned in paragraph (B)(1) of this rule and provide each party with a copy of the case plan.

(3) Inform all parties, if agreement cannot be obtained on the contents of the case plan, presented evidence on the contents of the case plan at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

(4) Provide the substitute caregiver, including a relative or kin caregiver fulfilling this role, verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan no fewer than seven days prior to the date the case plan is completed. The PCPA shall document the date and method of notification in the case record.

(C) The PCPA shall develop one case plan per case unless directed otherwise by an order of the court.

(D) If a case plan is developed pursuant to paragraph (A) of this rule, the PCPA shall file the case plan with the court based upon whichever of the following occurs first:

(1) No later than thirty days from the date the complaint was filed or the child was placed in shelter care.

(2) Prior to the adjudicatory hearing on the complaint.

(E) The case plan shall be considered complete once the court journalizes the case plan.

(F) If sufficient information is not available to complete any element contained on the case plan, the PCPA shall do all of the following:

(1) Specify in the case plan, developed pursuant to paragraph (D) of this rule, the additional information needed in order to complete all parts of the case plan and the steps needed to obtain the missing information.

(2) Obtain the missing information and complete the missing elements of the case plan no later than thirty days after the date required by paragraph (D) of this rule.

(3) Submit the case plan to the court based upon whichever of the following occurs first:

(a) Thirty days after the adjudicatory hearing on the complaint.

(b) The date of the dispositional hearing on the complaint.

(G) If a case plan is required pursuant to paragraph (A)(5) of this rule, the case plan shall be submitted to the court at the same time the request is made to the juvenile court to conduct a review hearing.

(H) The case plan shall serve as the permanency plan for the child.

(I) The PCPA shall include a written visitation plan for siblings removed from their home and not jointly placed. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCPA has documented that it would be contrary to the safety or well-being of the children.

(J) The visitation plan developed pursuant to paragraph (I) of this rule shall include a description of the following:

(1) Efforts made by the agency to place the siblings together and why those efforts were unsuccessful.

(2) Identification of any sibling who is not included in the visitation plan, and an explanation of why visitation or interaction with the child would be contrary to the safety or well-being of the other sibling(s).

(K) Once the court journalizes the case plan, the parties including PCPA staff, are bound by the provisions outlined in the case plan. Failure to comply with the case plan by any party to the case plan may result in a finding of contempt of court. The case plan provides such notice to all parties.

(L) The PCPA shall request a change in the case plan, not limited to child's placement and visitation rights, by filing the proposed change with the court.

(1) The PCPA shall provide written notice of the proposed change to all affected parties including the guardian ad litem and/or court appointed special advocate.

(a) Notification shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) All parties to the case plan, and the guardian ad litem, and/or court appointed special advocate may object to the change and request a court hearing on the proposed change within seven calendar days of the filing with the court.

(2) The PCPA may implement the amendment fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(M) The PCPA shall contact the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the case plan if any of the following occurs:

(1) The conditions of either the child or his or her parent, guardian or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the child's legal status or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; returned to his or her parent, guardian, or custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of sixteen and independent living and life skill services are offered.

(5) A change in the visitation plan for a child .

(6) A party must be added or deleted from the case plan.

(N) The PCPA shall attempt to obtain the signatures of the parent, guardian, custodian or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, if an amendment is made to the case plan.

(O) The PCPA shall record, on the case plan, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement .

(P) If an amendment is not agreed upon by the child's parent, guardian, custodian, or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, the PCPA shall request the court schedule a hearing to consider the amendment.

(Q) The PCPA may implement the amendment fifteen days after submittal, with or without a hearing, if the court has journalized the case plan.

(R) In an emergency situation or if a child is in immediate danger of serious harm, the PCPA shall:

(1) Implement the change and amend the case plan.

(2) Notify all parties, the child's guardian ad litem, and the court of the change no later than the next working day after the change is implemented.

(3) File a statement of the change with the court within three days after the change is implemented.

(4) Give notice of the filing along with a copy of the statement within three days of the change to the child's parent, guardian, custodian, or pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed.

(S) In an emergency situation, all parties to the case plan and the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the case plan and to request a court hearing regarding the change. If the objection and request for a hearing is filed with the court, the PCPA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCPA shall revert back to implementing the provisions of the journalized case plan.

(T) The PCPA shall review the progress in achieving the case plan objective and services by completing case reviews pursuant to rule 5101:2-38-09 of the Administrative Code. The PCPA shall document the case review on the JFS 01416"Semiannual Administrative Review for Private Child Placing Agencies" (rev. 9/2010) in lieu of the JFS 01413.

(U) The PCPA shall conduct semiannual administrative reviews of the case plan pursuant to rule 5101:2-38-10 of the Administrative Code. The PCPA shall document the SAR on the JFS 01416 in lieu of the JFS 01412.

(V) Notification and participation of the child or parent is not required for the development of the case plan or any amendments to the case plan if the child has been adjudicated as a deserted child.

(W) For court-ordered protective supervision cases, the PCPA shall:

(1) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(2) Complete at least one contact every other month in the child's home.

(X) For cases with children in custody, the PCPA shall:

(1) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(2) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(3) Complete at least one contact every other month in the parent, guardian, or custodian's, or if applicable, pre-finalized adoptive parent's home.

(Y) If the initial attempt to complete face-to-face contact pursuant to paragraph (W) or (X) of this rule is unsuccessful, the PCPA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(Z) The PCPA may develop a supplemental plan for locating a permanent family placement for the child concurrently with reasonable efforts to preserve and reunify families. The supplemental plan shall not be considered a part of the case plan. Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian. The supplemental plan does not require agreement or approval by the parties.

(AA) The PCPA shall maintain a copy of the original case plan, all amendments to the case plan, all supplemental plans, and all documentation of the face-to-face contacts, including all attempts to monitor progress on the case plan objectives in the case record.

(BB) The PCPA shall attach the JFS 01443 "Child's Education and Health Information" (rev. 8/2010), or the PCPA form being used in lieu of the JFS 01443, containing all documentation required on the JFS 01443, to the case plan for each child residing in a substitute care setting.

Effective: 12/31/2010
R.C. 119.032 review dates: 09/16/2010 and 12/01/2015
Promulgated Under: 119.03
Statutory Authority: 2151.412
Rule Amplifies: 2151.3522 , 2151.412
Prior Effective Dates: 1/14/83, 3/20/83, 11/1/85 (Emer.), 1/29/86 (Emer.), 1/31/86, 4/1/86, 1/1/87 (Emer.), 3/20/87, 1/1/89, 1/1/90, 10/1/97, 3/18/99 (Emer.), 6/17/99, 2/1/03, 4/17/06, 10/1/09

5101:2-39-11 Required contents of a PCPA case plan document.

(A) The private child placing agency (PCPA) shall select one or more of the following case plan goals as applicable:

(1) Maintain a child safely in his or her own home.

(2) Safely return a child to his or her parent, guardian, or custodian.

(3) Place a child in a safe, planned permanent living arrangement excluding adoption.

(4) Prepare a child for independent living.

(5) Place a child for adoption.

(B) If a child is placed in out-of-home care, the placement shall be:

(1) Safe and consistent with the best interest and special needs of the child.

(2) The least-restrictive, most family-like setting available.

(3) In close proximity to the home the child was removed or will be permanently placed.

(4) In close proximity to the school the child was enrolled prior to placement.

(5) Designed to enhance the likelihood of reunification, if appropriate, in accordance with rule 5101:2-42-05 of the Administrative Code.

(C) For a child who is in his or her own home or an out-of-home care placement, the case plan shall include, but not be limited to, the following elements:

(1) Parties involved in the case plan and their individual responsibilities.

(2) Statement of goals and objectives to be achieved and conditions in the home that must be improved to ensure the child will be safe and will receive proper care.

(3) Anticipated timeframes for attainment of goals and objectives.

(4) Identification of services requested by, or which have been or will be offered or provided to, the child or his or her parent, guardian, or custodian to achieve the goals identified in paragraph (C)(2) of this rule.

(5) Discussion of the appropriateness of supportive services that will be or have been offered and provided under the court order for protective supervision to prevent removal of the child from his or her parent, guardian, or custodian.

(6) Specification of case management, casework services, and/or if appropriate, therapeutic counseling.

(D) For each child placed in out-of-home care , the case plan shall include, but not be limited to, the following elements:

(1) Identification of the type of out-of-home care placement.

(2) A narrative explanation of the appropriateness and safety of the placement in accordance with rule 5101:2-42-05 of the Administrative Code.

(3) A statement of the reasonable efforts made or will be made to make it possible for the child to return to his or her home or a statement that reasonable efforts are not required pursuant to rule 5101:2-39-10 of the Administrative Code.

(4) A narrative explanation of the steps to be taken to assure services are provided to the child and his or her parent, guardian, or custodian to do one of the following:

(a) Facilitate the return of the child to his or her parent, guardian, or custodian.

(b) Locate a safe, planned permanent living arrangement for the child.

(5) A narrative explanation of the steps to be taken to assure services are provided to the child and substitute caregiver to address the needs of the child while the child is in the out-of-home care placement.

(6) A schedule for regular and frequent visitation, including an explanation of the reason for any restrictions on location of visits or the need for supervision of visits, between the child and his or her parent, guardian, or custodian for children in temporary custody as specified in rule 5101:2-42-92 of the Administrative Code.

(7) If the case plan goal is adoption or another planned permanent living arrangement, a discussion of the steps the PCPA is taking to do one of the following:

(a) Place a child with an adult relative expressing an interest in adopting the child and meets all relevant state child protection standards, a guardian, or an adoptive family.

(b) Find an adoptive family, through child specific recruitment efforts, for the child.

(c) Identify a planned permanent living arrangement for the child.

(d) Finalize the adoption or guardianship.

(8) Discussion of why parental rights shall not be terminated pursuant to the requirements contained in rule 5101:2-42-95 of the Administrative Code.

(9) Identification of the programs and services to assist the child to prepare for transition to independent living, for a child sixteen years of age or older if appropriate.

(E) The PCPA shall document in the case record the reason why certain elements were not contained in the case plan document due to the permanent custody status of a child.

Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 5103.03
Rule Amplifies: 2151.412 , 5103.03
Prior Effective Dates: 1/1/89, 3/18/99 (Emer.), 6/17/99, 10/4/04

5101:2-39-12 Removal of a child from his own home. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-12.1 Emergency removal of a child from an out-of-home care setting. [Rescinded].

Rescinded eff 10-1-09

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

5101:2-39-51 Joint planning and sharing of information among the PCSA and CDJFS. [Rescinded].

Rescinded eff 10-1-09

5101:2-39-80 Phase-in for children served by a PCSA. [Rescinded].

Rescinded eff 1-19-06