Rule 5180:3-13-92 | Visitation for child in temporary custody.
(A) Who is responsible for arranging visitation for a child in temporary custody?
Each public children services agency (PCSA) or private child placing agency (PCPA) is to arrange and provide regular and frequent visitation for a child in temporary custody with the child's parent, guardian, or custodian.
(B) Who shall the PCSA or PCPA consult when developing the visitation plan?
(1) The child when age appropriate.
(2) The parent, guardian, or custodian.
(3) Resource caregivers and other service providers when applicable.
(C) What factors determine the frequency of visits?
(1) The child's bet interest and what is conducive to the child's physical and emotional well-being.
(2) The family case plan goal(s).
(3) The need to maintain or enhance the bonding relationship between the parent, guardian, or custodian and child.
(4) The current attitudes and feelings between the child and parent, guardian, or custodian.
(D) What determines the duration of visits?
(1) Consideration of the current relationship between the child and parent, guardian, or custodian to determine the visitation length that would be in the child's best interest.
(2) Consideration of the amount of time needed to maintain or enhance the bond between the parent, guardian, or custodian, and the child.
(E) How is the location of visits determined?
Visits should occur in the least restrictive setting consistent with family case plan goals and considering the safety of the child The preferred order of least-restrictive to most-restrictive settings is:
(1) Home of the parent, guardian, or custodian.
(2) Home of a friend, relative, or substitute caregiver or other non-institutional setting.
(3) Agency or substitute care setting.
(F) What factors may lead to restrictions on visitation?
(1) Potential harm to the child as a result of the parent's guardian's or custodian's behavior or pattern of conduct toward the child.
(2) Special needs, unique considerations, or circumstances of the child.
(3) The parent's guardians, or custodian's inability to be available for more frequent or longer visits.
(G) What tool is the PCSA to use to guide visitation decisions?
The PCSA is to review the DCY 01413 "Comprehensive Assessment and Planning Mode - I.S. Case Review" pursuant to rule 5180:2-38-09 of the Administrative Code, if applicable to assist in the decision on the arriving at a decision to guide the frequency, duration and location of visits or to determine the level of supervision needed during visits.
(H) Are other forms of communication besides visits allowed?
The PCSA or PCPA is to ensure regular opportunities for other forms of communication between the child and their parent, guardian, or custodian are provided, subject to the best interests of the child.
(I) What about visitation with siblings and others?
The agency is to arrange visits and communication with siblings and significant others integral to maintaining connections with those individuals, unless doing so would be contrary to the best interests of the child. When applicable, the agency shall also make arrangements for visitations related to the maintenance and connection with Indian tribes pursuant to rule 5180:2-53-06 of the Administrative Code.
(J) Can visitation be withheld as punishment?
Visits are not to be withheld to discipline the child or to punish the parent for failure to work with the agency or other community providers.
(K) Where should decisions about visitation criteria and restrictions along with the visitation plan be documented?
All decisions by PCSA's or PCPA's decision on each of the criteria identified in this rule, and the need for any visitation restrictions and/or supervision, and the reason for the decision are to be recorded in the family case plan as required by rule 5180:2-38-05 of the Administrative Code, if applicable for PCSAs and rules 5180:2-38-07 and 5180:3-7-06 of the Administrative Code, if applicable for PCPAs.
Last updated March 17, 2026 at 7:52 AM
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