Section 2151.25 | Court order to interview and examine a child.
(A) If a public children services agency receives a report of child abuse or neglect under section 2151.421 of the Revised Code, or a report that a child may be a dependent child, and is denied reasonable access to the child by a parent, guardian, custodian, or caregiver of the child, or to any other information necessary to determine if the child is, or at risk of becoming, an abused, neglected, or dependent child, the agency may request a juvenile court to issue an order granting the agency access to examine and interview the child, or to conduct other activities necessary to determine the risk to the child. The agency shall make the request by submitting a sworn affidavit explaining the need for the order in the juvenile court of the county in which the child has a residence or legal settlement or in which the reported abuse or neglect of the child occurred or the reported conditions exist regarding the child's dependency.
(B) The affidavit shall include the following:
(1) The particular facts of the allegation or allegations in the report that may indicate the child is an abused, neglected, or dependent child;
(2) The agency's efforts to gather additional information to determine whether or not the child may be, or at risk of becoming, an abused, neglected, or dependent child;
(3) The agency efforts to obtain consent from a parent, guardian, custodian, or caregiver to examine and interview the child, or to conduct other activities necessary to determine the risk to the child;
(4) The activities the agency deems necessary to determine the current risk to the child.
(C) The affidavit shall not identify the source of the allegation or allegations in the report that may indicate the child is an abused, neglected, or dependent child.
(D)(1) Upon receipt of request and a sworn affidavit submitted according to division (A) of this section, if the court determines that probable cause exists, the court may, without a hearing, issue an order requiring the parent, guardian, custodian, or caregiver of the child comply with the agency's investigation, including, an interview and examination of the child, and other activity the court deems necessary to determine the current risk posed to the child.
(2) The court may include within the order specific instructions on the manner and location of the interview and examination of the child, as well as detail any other necessary activities.
(E) An order issued pursuant to this section is not a final, appealable order for purposes of appeal under division (B) of section 2505.02 of the Revised Code.
Last updated September 9, 2021 at 12:13 PM
Available Versions of this Section
- September 30, 2021 – Enacted by House Bill 110 - 134th General Assembly [ View September 30, 2021 Version ]