Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-42 - Substitute Care
Section 5101:2-42-95 - Obtaining permanent custody: termination of parental rights
Universal Citation: OH Admin Code 5101:2-42-95
Current through all regulations passed and filed through December 16, 2024
(A) Unless the public children services agency (PCSA) or private child placing agency (PCPA) has compelling reasons for not pursuing a request for permanent custody of a child, the agency, pursuant to section 2151.413 of the Revised Code, shall petition the court that issued the current order of disposition to request permanent custody of a child when any of the following conditions are present:
(1) A court of competent
jurisdiction has determined that the parent from whom the child was removed
has:
(a) Been convicted of or pleaded guilty
to one of the following:
(i) An offense under
section 2903.01 (aggravated murder),
2903.02(murder),
or 2903.03 (voluntary manslaughter)
of the Revised Code or under 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 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.
(ii) An offense under
section 2903.11 (felonious assault),
2903.12 (aggravated assault), or
2903.13(assault)
of the Revised Code or under 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.
(iii) An offense under division (B)(2) of
section 2919.22 (endangering children)
of the Revised Code or under 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 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.
(iv) An offense
under section 2907.02(rape),
2907.03 (sexual battery),
2907.04 (unlawful sexual conduct
with a minor), 2907.05 (gross sexual
imposition), or 2907.06 (sexual imposition) of
the Revised Code or under 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.
(v)
An offense under section
2905.32(trafficking),
2907.21 (compelling
prostitution), and 2907.22 (promoting prostitution)
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;
(vi) A conspiracy or
attempt to commit, or complicity to committing, an offense described in
paragraph (A)(1)(a)(i), (A)(1)(a)(iv) or (A)
(1)(a)(v)
of this rule.
(b)
Repeatedly withheld medical treatment or food from the child when the parent
has the means to provide the treatment or food. If the parent has withheld
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 court or agency shall comply with
the requirements of division (A)(1) of section
2151.419 of the Revised
Code.
(c) Placed the child at
substantial risk of harm two or more times due to alcohol or drug abuse and has
rejected treatment two or more times or refuses to participate in further
treatment two or more times after a case plan was developed pursuant to rule
5101:2-38-05,
or 5101:2-40-02 of the
Administrative Code, if applicable, requiring such treatment of the parent and
was journalized as part of the dispositional order issued with respect to the
child or an order was issued by any other court requiring such treatment of the
parent.
(d) Abandoned the child
pursuant to rule
5101:2-1-01 of the
Administrative Code.
(e) Had
parental rights involuntarily terminated pursuant to section
2151.353 (disposition of abused,
neglected or dependent child),
2151.414 (hearing on motion for
permanent custody), or
2151.415 (motion requesting
disposition order upon expiration of temporary custody order) of the Revised
Code with respect to a sibling of the child.
(2) A court of competent jurisdiction has
determined the child to be a deserted child pursuant to section
2151.3522
of the Revised
Code.
(3) Any PCSA or PCPA has had
temporary custody of the child under one or more orders of disposition for
twelve or more months (three hundred and sixty- five days or more) of a
consecutive twenty-two month period . For the purpose of calculating the twelve or
more months of a consecutive twenty-two month period, a child shall be
considered to have entered the temporary custody of an agency on the earlier of
the following:
(a) The date the child is
adjudicated abused, neglected or dependent pursuant to section
2151.28 of the Revised
Code.
(b) Sixty days after the
child was removed from his or her home and placed into substitute care.
The PCSA or PCPA must not include trial home visits or runaway episodes when calculating the twelve of the most recent twenty-two months. Trial home visits and runaway episodes are included when calculating the twenty-two month period.
(B) The PCSA or PCPA is not required to file a motion for permanent custody of a child when one of the following is met:
(1) The PCSA or PCPA has documented in the
case plan there is a compelling reason for determining that the filing of a
motion to seek permanent custody of the child and terminate parental rights is
not in the best interest of the child.
(2) The PCSA or PCPA has documented in the
case plan that the agency has not provided the child's parent, guardian, or
custodian with services outlined in the case plan which were deemed necessary
for the safe return of the child to the child's home.
(C) The PCSA or PCPA shall meet with the parent to review the agency's decision to file a motion with the court to terminate parental rights. The PCSA or PCPA shall seek to amend the case plan prior to filing a motion to terminate parental rights.
(D) At the time a motion is filed with the court to obtain permanent custody of the child, the PCSA or PCPA shall submit a case plan to the court which includes a specific plan to seek an adoptive family for the child and to prepare the child for adoption .
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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