Current Through April 2016

Circumstances That Constitute Witnessing

Citation: Rev. Code § 2929.01(LL)In criminal law: An offense is ‘committed in the vicinity of a child’ if the offender commits the offense within 30 feet of or within the same residential unit as a child who is under age 18, regardless of whether the offender knows the age of the child or that the offense is being committed within 30 feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense.

Consequences

Citation: Rev. Code §§ 2929.12; 2929.17If the offense of domestic violence or assault involves a person who was a family or household member at the time of the violation, and the offender committed the offense in the vicinity of one or more children who are not victims of the offense, and the offender or the victim of the offense is a parent, guardian, custodian, or person in loco parentis of one or more of those children:

• The sentencing court shall consider the offender’s conduct to be more serious than conduct normally constituting the offense.
• The offender also shall be required to obtain counseling.

Current Through February 2016

Physical Abuse

Citation: Rev. Stat. §§ 2151.031; 2919.22‘Abused child’ includes any child who:

• Is endangered as defined § 2919.22
• Exhibits evidence of any physical or mental injury or death, inflicted by other than accidental means, that is inconsistent with the history given of it
• Suffers physical or mental injury that harms or threatens to harm the child’s health or welfare because of the acts of his or her parent, guardian, or custodian
• Is subjected to out-of-home-care child abuse

‘Endangering children’ includes any of the following acts committed against a child under age 18 or a mentally or physically handicapped child under age 21:

• Abuse, torture, or cruel abuse
• Corporal punishment, other physical disciplinary measure, or physical restraint in a cruel manner or for a prolonged period that creates a substantial risk of serious physical harm to the child
• Repeated and unwarranted disciplinary measures that, if continued, create a substantial risk of serious impairment of the child’s mental health or development
• Allowing the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of, the illegal manufacture of drugs, cultivation of marijuana, or possession of chemicals for the illegal manufacture, when the person knows that the act is occurring, whether or not any person is prosecuted for or convicted of the violation

Neglect

Citation: Rev. Stat. § 2151.03(A)‘Neglected child’ includes any child:

• Who lacks proper parental care because of the faults or habits of the child’s parents, guardian, or custodian
• Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child’s health, morals, or well-being
• Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child’s mental condition
• Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of statutes regarding the placement and adoption of children
• Who, because of the omission of the child’s parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare
• Who is subjected to child neglect in out-of-home care

Sexual Abuse/Exploitation

Citation: Rev. Stat. §§ 2151.031; 2907.01; 2919.22The term ‘abused child’ includes a child who is the victim of sexual activity when such activity would constitute an offense, except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child. Sexual activity means sexual conduct or sexual contact or both.

‘Sexual conduct’ means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body of any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

‘Sexual contact’ means any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttocks, pubic region, and if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

A person commits the crime of ‘endangering children’ when the person does any of the following to a child: Entice, coerce, permit, encourage, compel, hire, employ, use, or allow the child to act, model, or in any other way participate in, or be photographed for, the production, presentation, dissemination, or advertisement of any material or performance that the offender knows or reasonably should know is obscene, sexually oriented, or nudity-oriented matter.

Emotional Abuse

Citation: Rev. Stat. § 2151.011‘Mental injury’ means any behavioral, cognitive, emotional, or mental disorder in a child caused by an act or omission that is described in § 2919.22 and is committed by a parent or other person who is responsible for the child’s care.

Abandonment

Citation: Rev. Stat. §§ 2151.03(A); 2151.011
The term ‘neglected child’ includes a child who is abandoned by his or her parents, guardian, or custodian.

A child shall be presumed abandoned when his or her parents have failed to visit or maintain contact with him or her for more than 90 days, regardless of whether the parents resume contact with the child after that period of 90 days.

Standards for Reporting

Citation: Rev. Stat. § 2151.421
A report is required when a mandatory reporter acting in an official or professional capacity knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in a similar position to suspect, that a child younger than age 18 or a mentally retarded, developmentally disabled, or physically impaired child younger than age 21 has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child.

Persons Responsible for the Child

Citation: Rev. Stat. §§ 2151.03(A); 2151.011Responsible persons include:

• The child’s parents, guardian, or custodian
• Other persons responsible for the child’s care

Exceptions

Citation: Rev. Stat. §§ 2151.03(B); 2151.031; 2919.22Nothing in this chapter shall be construed as subjecting a parent to criminal liability when, solely in the practice of religious beliefs, the parent fails to provide adequate medical or surgical care or treatment for the child. This section:

• Does not abrogate or limit any person’s responsibility to report child abuse or neglect that is known or reasonably suspected or believed to have occurred, and to report children who are known to face or are reasonably suspected or believed to be facing a threat of suffering abuse or neglect
• Does not preclude any exercise of the authority of the State, any political subdivision, or any court to ensure that medical or surgical care or treatment is provided to a child when the child’s health requires it

A child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent is not an abused child if the measure is not prohibited under § 2919.22 [that prohibits cruel or excessive means of discipline].

Current Through August 2013

Defined in Domestic Violence Civil Laws

Citation: Rev. Stat. § 3113.31‘Domestic violence’ means the occurrence of one or more of the following acts against a family or household member:

• Attempting to cause or recklessly causing bodily injury
• Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of § 2903.211 (menacing by stalking) or 2911.211 (aggravated trespass)
• Committing any act with respect to a child that would result in the child being an abused child, as defined in § 2151.031
• Committing a sexually oriented offense

Defined in Child Abuse Reporting and Child Protection Laws

Citation:This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Rev. Stat. § 2919.25No person shall:

• Knowingly cause or attempt to cause physical harm to a family or household member
• Recklessly cause serious physical harm to a family or household member
• Knowingly, by threat of force, cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member

Whoever violates this section is guilty of domestic violence.

Persons Included in the Definition

Citation: Rev. Stat. § 3113.31‘Family or household member’ means any of the following:

• Any of the following who is residing with or has resided with the respondent:
  • A spouse, a person living as a spouse, or a former spouse of the respondent
  • A parent, a foster parent, or a child of the respondent, or another person related by consanguinity or affinity to the respondent
  • A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent
• The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent

‘Person living as a spouse’ means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within 5 years prior to the date of the alleged occurrence of the act in question.

Current Through June 2013

Confidentiality of Records

Citation: Rev. Code § 2151.421Except as provided below, a report made under this section is confidential. The information provided in a report and the name of the person who made the report shall not be released for use and shall not be used as evidence in any civil action or proceeding brought against the person who made the report.

Persons or Entities Allowed Access to Records

Citation: Rev. Code §§ 2151.421; 2151.423In a criminal proceeding, the report is admissible as evidence in accordance with the Rules of Evidence and is subject to discovery in accordance with the Rules of Criminal Procedure.

If the child who is the subject of the report dies for any reason at any time after the report is made but before the child reaches age 18, the public children services agency or municipal or county peace officer to which the report was made or referred, on the request of the child fatality review board, shall submit a summary of the report to the review board of the county in which the deceased child resided at the time of death. On the request of the review board, the agency or peace officer may, at its discretion, make the report available to the review board.

A mandated reporter may make a reasonable number of requests of the public children services agency that receives or is referred the report, or of the children’s advocacy center that is referred the report if the report is referred to a children’s advocacy center, to be provided with the following information:

• Whether the agency or center has initiated an investigation of the report
• Whether the agency or center is continuing to investigate the report
• Whether the agency or center is otherwise involved with the child who is the subject of the report
• The general status of the health and safety of the child who is the subject of the report
• Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court

A public children services agency shall disclose confidential information discovered during an investigation of child abuse or neglect to any Federal, State, or local government entity that needs the information to carry out its responsibilities to protect children from abuse or neglect.

When Public Disclosure of Records is Allowed

This issue is not addressed in the statutes reviewed.

Use of Records for Employment Screening

his issue is not addressed in the statutes reviewed.

Current Through March 2015

Citation: Rev. Code § 2151.421(G)(1)(a) & (2)(b)

Except as provided in the law regarding false reports, anyone or any hospital, institution, school, health department, or agency participating in the making of reports under § 2151.421(A); anyone or any hospital, institution, school, health department, or agency participating in good faith in making reports under § 2151.421(B); and anyone participating in good faith in a judicial proceeding resulting from the reports shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of making the reports or the participating in the judicial proceeding.

In any civil or criminal action or proceeding in which it is alleged and proved that participation in making a report under this section was not in good faith, or that participation in a judicial proceeding resulting from a report made under this section was not in good faith, the court shall award the prevailing party reasonable attorney’s fees and costs. If a civil action or proceeding is voluntarily dismissed, the court may award reasonable attorney’s fees and costs to the party against whom the civil action or proceeding is brought.

Current Through February 2013

Individual Responsibility to Report

Citation: Rev. Stat. § 2151.421A mandated reporter who knows or has reasonable cause to suspect that a child has suffered or faces a threat of suffering abuse or neglect shall immediately make a report to the county public children services agency (PCSA) or a peace officer in the county in which the child resides or the abuse or neglect occurred.

The report shall be made either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer.

Content of Reports

Citation: Rev. Stat. § 2151.421The written report shall contain:

• The names and addresses of the child and the child’s parents or persons having custody
• The child’s age
• The nature and extent of any injuries, abuse, or neglect, including any evidence of prior injuries, abuse, or neglect
• Any other information that might be helpful in establishing the cause of the injury, abuse, or neglect that is known or reasonably suspected or believed to have occurred or of the threat of injury, abuse, or neglect that is known or reasonably suspected or believed to exist

Reporting Suspicious Deaths

Citation: Rev. Stat. § 2151.421(H)(4)If a report has been made, and if for any reason the child dies before reaching age 18, the PCSA or peace officer to which the report was made or referred shall, upon request of the Child Fatality Review Board, submit a summary of the report to the Child Fatality Review Board.

Reporting Substance-Exposed Infants

Citation:This issue is not addressed in the statutes reviewed.

Agency Receiving the Reports

Citation: Rev. Stat. § 2151.421The person making the report shall make it to the PCSA or a municipal or county peace officer in the county in which the child resides or the county in which the abuse or neglect is occurring or has occurred.

Initial Screening Decisions

Citation: Rev. Stat. § 2151.429The differential response approach shall include two response pathways: the traditional response pathway and the alternative response pathway. The agency shall use the traditional response for the following types of accepted reports:

• Physical abuse resulting in serious injury or that creates a serious and immediate risk to a child’s health and safety
• Sexual abuse
• Child fatality
• Reports requiring a specialized assessment
• Reports requiring a third party investigative procedure

For all other child abuse and neglect reports, an alternative response shall be the preferred response, whenever appropriate and in accordance with rules adopted by the department.

Agency Conducting the Assessment/Investigation

Citation: Rev. Stat. § 2151.421The PCSA shall investigate, within 24 hours, each report of child abuse or child neglect. The investigation shall be made in cooperation with the law enforcement agency.

Assessment/Investigation Procedures

Citation: Rev. Stat. § 2151.421; Admin. Code §§ 5101:2-36-01; 2-36-20The PCSA shall investigate, within 24 hours, each report of child abuse or child neglect to determine the circumstances surrounding the injuries, abuse, or neglect or the threat of injury, abuse, or neglect, the cause of the injuries, abuse, neglect, or threat, and the person or persons responsible.

A representative of the agency shall, at the time of initial contact with the person subject to the investigation, inform the person of the specific complaints or allegations made against the person.

As used in this section, ‘investigation’ means the PCSA’s response to an accepted report of child abuse or neglect through either an alternative response or a traditional response.

In regulation: The agency shall assign the following types of reports of child abuse or neglect to the traditional response pathway:

• Reports containing allegations that could result in charges of felony child endangering or criminal sexual conduct
• Reports containing allegations of the sexual abuse of a child
• Reports containing allegations that could result in charges of homicide
• Reports requiring a specialized assessment
• Reports requiring a third party investigative procedure
• Reports containing allegations regarding a suspicious child fatality

Other cases may be assigned to the alternative response pathway. For those cases, the agency shall conduct an assessment.

Timeframes for Completing Investigations

Citation: Admin. Code § 5101:2-36-03The agency shall initiate the screened in child abuse and/or neglect report in accordance with the following:

• For an emergency report, an attempt at a face-to-face contact with the alleged child victim shall be made within 1 hour from the time the referral was screened in to assess child safety and interview the alleged child victim.
• For all other reports, an attempt at a face-to-face or telephone contact shall be made within 24 hours from the time the referral was screened in with a principal of the report or collateral source who has knowledge of the alleged child victim’s current condition and can provide current information about the child’s safety
• If face-to-face contact with the alleged child victim was not attempted within the 24 hour timeframe, an attempt of face-to-face contact with the alleged child victim shall be made within 72 hours from the time the report was screened in.

The agency shall complete the report and arrive at a final case disposition no later than 30 days from the date the report was screened in. The agency may extend the timeframe by a maximum of 15 days if information needed to determine the report disposition and final case decision cannot be obtained within 30 days and the reasons are documented in the case record.

Classification of Reports

Citation:This issue is not addressed in the statutes and regulations reviewed.

Current Through August 2015

Professionals Required to Report

Citation: Rev. Code § 2151.421Mandatory reporters include:

• Attorneys
• Physicians, interns, residents, dentists, podiatrists, nurses, or other health-care professionals
• Licensed psychologists, school psychologists, or marriage and family therapists
• Speech pathologists or audiologists
• Coroners
• Administrators or employees of child daycare centers, residential camps, child day camps, certified child care agencies, other public or private children services, or private, nonprofit therapeutic wilderness camps agencies
• Teachers, school employees, or school authorities
• Persons engaged in social work or the practice of professional counseling
• Agents of county humane societies
• Persons, other than clerics, rendering spiritual treatment through prayer in accordance with the tenets of a well-recognized religion
• Professional employees of a county Department of Job and Family Services who works with children and families
• Superintendents or regional administrators employed by the Department of Youth Services
• Superintendents, board members, or employees of county boards of developmental disabilities; investigative agents contracted with by a county board of developmental disabilities; employees of the Department of Developmental Disabilities; employees of a facility or home that provides respite care; employees of a home health agency; employees of an entity that provides homemaker services
• Persons performing the duties of an assessor or third party employed by a public children’s services agency to assist in providing child- or family-related services
• Court-appointed special advocates or guardians ad litem

Reporting by Other Persons

Citation: Rev. Code § 2151.421Any other person who suspects that a child has suffered or faces a threat of suffering from abuse or neglect may report.

Institutional Responsibility to Report

Not addressed in statutes reviewed.

Standards for Making a Report

Citation: Rev. Code § 2151.421A report is required when a mandated person is acting in an official or professional capacity and knows or suspects that a child has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child.

Privileged Communications

Citation: Rev. Code § 2151.421An attorney, physician, or cleric is not required to make a report concerning any communication the attorney, physician, or cleric receives from a client, patient, or penitent in a professional relationship, if, in accordance with § 2317.02, the attorney, physician, or cleric could not testify with respect to that communication in a civil or criminal proceeding.

The client, patient, or penitent in the relationship is deemed to have waived any testimonial privilege with respect to any communication the attorney, physician, or cleric receives, and the attorney, physician, or cleric shall make a report with respect to that communication if all of the following apply:

• The client, patient, or penitent, at the time of the communication, is either a child under age 18 or a mentally retarded, developmentally disabled, or physically impaired person under age 21.
• The attorney, physician, or cleric knows, or has reasonable cause to suspect based on facts that would cause a reasonable person in similar position to suspect, as a result of the communication or any observations made during that communication, that the client, patient, or penitent has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the person.
• The abuse or neglect does not arise out of the person’s attempt to have an abortion without the notification of her parents, guardian, or custodian in accordance with § 2151.85.

Inclusion of Reporter’s Name in Report

Citation: Rev. Code § 2151.421The reporter is not required to provide his or her name in the report, but if he or she wants to receive information on the outcome of the investigation, he or she must provide his or her name, address, and telephone number to the person who receives the report.

Disclosure of Reporter Identity

Citation: Rev. Code § 2151.421The information provided in a report made pursuant to this section and the name of the person who made the report shall not be released for use and shall not be used as evidence in any civil action or proceeding brought against the person who made the report.

Current Through April 2015

Citation: Rev. Code § 2919.22(B)(6), (E)(3)No person shall allow the child to be on the same parcel of real property and within 100 feet of, or, in the case of more than one housing unit on the same parcel of real property, in the same housing unit and within 100 feet of the unit, of any act in violation of § 2925.04 [prohibiting the cultivation of marijuana or the manufacture of a controlled substance] or § 2925.041 [prohibiting the possession of any of the chemicals used in the manufacture of a controlled substance] when the person knows that the act is occurring, whether or not any person is prosecuted or convicted of the violation that is the basis of the violation of this section.

If the drug involved [in an offense described above] is methamphetamine, the court shall impose a mandatory prison term on the offender as follows:

• If the violation is third degree felony, there shall be a mandatory prison term that is not less than 2 years.
• If the offender previously has been convicted of or pleaded guilty to a third degree felony, there shall be a mandatory prison term that is not less than 5 years.
• If the violation is a second degree felony, there shall be a mandatory prison term that is not less than 3 years.
• If the offender previously has been convicted of or pleaded guilty to a second degree felony, there shall be a mandatory prison term that is not less than 5 years.

Current Through August 2014

Making The Appointment

Citation: Rev. Code § 2151.281; Ohio Sup. Rule 48The court shall appoint a guardian ad litem (GAL), subject to rules adopted by the supreme court, to protect the interests of a child in any proceeding concerning an alleged abused or neglected child. The GAL shall not be the attorney responsible for presenting the evidence alleging that the child is an abused or neglected child and shall not be an employee of any party in the proceeding.

The court shall appoint a GAL to protect the interests of a child in any proceeding concerning an alleged dependent child if any of the following applies:

• The parent of the child appears to be mentally incompetent or is under age 18.
• There is a conflict of interest between the child and the child’s parents, guardian, or custodian.
• The court believes that the parent of the child is not capable of representing the best interests of the child. The court may appoint a GAL to protect the interests of the child in any other proceeding concerning an alleged dependent child.

In court rules: Each court appointing a GAL under this rule shall enter an Order of Appointment that shall include:

• A statement regarding whether a person is being appointed as a GAL only or as a GAL and attorney for the child.
• A statement that the appointment shall remain in effect until discharged by order of the court, by the court filing a final order in the case, or by court rule.
• A statement that the GAL shall be given notice of all hearings and proceedings and shall be provided a copy of all pleadings, motions, notices and other documents filed in the case.

Whenever feasible, the same GAL shall be reappointed for a specific child in any subsequent case in any court relating to the best interests of the child.

The Use of Court-Appointed Special Advocates (CASAs)

Citation: Rev. Code § 2151.281When the court appoints a GAL, it shall appoint a qualified volunteer or court-appointed special advocate (CASA) whenever one is available and the appointment is appropriate. Upon request, the Department of Job and Family Services shall provide for the training of volunteer GALs.

Qualifications/Training

Citation: Ohio Sup. R. Rule 48In order to serve as a GAL, an applicant shall, at a minimum, successfully complete a preservice training course to qualify for appointment and thereafter, successfully complete continuing education training in each succeeding calendar year to qualify for continued appointment. The preservice training course must be the 6 hour GAL preservice course provided by the Supreme Court of Ohio, the Ohio CASA/GAL Association’s preservice training program, or with prior approval of the appointing court, be a course at least 6 hours in length that covers the topic areas listed below.

To meet the requirements of this rule, the preservice course shall include training on all the following topics:

• Human needs and child development
• Communication and diversity, including communication skills with children and adults, interviewing skills, methods of critical questioning, use of open-ended questions, understanding the perspective of the child, sensitivity, building trust, multicultural awareness, and confidentiality
• Preventing child abuse and neglect, including assessing risk and safety
• Family and child issues, including family dynamics, substance abuse and its effects, basic psychopathology for adults and children, and domestic violence and its effects
• Legal framework, including records checks; accessing, assessing, and appropriate protocol; a GAL’s role in court; local resources and service practice; report content; and mediation and other types of dispute resolution

The continuing education course must be at least 3 hours in length and be provided by the Supreme Court of Ohio, by the Ohio CASA/GAL Association, or with prior approval of the appointing court, be a training that complies with requirements of this rule. The 3-hour continuing education course shall be specifically designed for continuing education. If a GAL fails to complete a 3-hour continuing education course within any calendar year, that person shall not be eligible to serve as a GAL until this continuing education requirement is satisfied. If the person’s gap in continuing education is 3 calendar years or less, the person shall qualify to serve after completing a 3-hour continuing education course. If the gap in continuing education is more than 3 calendar years, that person must complete a 6-hour preservice education course to qualify to serve.

Specific Duties

Citation: Rev. Code § 2151.281The GAL for a dependent child shall perform whatever functions are necessary to protect the best interests of the child, including, but not limited to, investigation, mediation, monitoring court proceedings, and monitoring the services provided the child by the public or private children services agency that has temporary or permanent custody of the child, and shall file any motions and other court papers that are in the best interests of the child in accordance with rules adopted by the supreme court.

In court rules: A GAL shall perform, at a minimum, the responsibilities stated below, unless impracticable or inadvisable to do so:

• Represent the best interests of the child for whom he or she is appointed
• Maintain independence, objectivity, and fairness, as well as the appearance of fairness, in all dealings
• Appear and participate in any hearing
• File pleadings, motions, and other documents
• Make reasonable efforts to become informed about the facts of the case by doing the following tasks:
  • Meet with and interview the child and observe the child with each parent, foster parent, guardian, or physical custodian
  • Conduct at least one interview with the child where none of the above individuals is present
  • Visit the child at his or her residence
  • Ascertain the wishes of the child
  • Meet with and interview the parties, foster parents, and other significant individuals who may have relevant knowledge about the case
  • Review pleadings and other relevant court documents
  • Review criminal, civil, educational, and administrative records pertaining to the child and the child’s family
  • Interview school personnel, medical and mental health providers, child protective services workers, and relevant court personnel and obtain copies of relevant records
  • Recommend that the court order psychological evaluations, mental health and/or substance abuse assessments, or other evaluations or tests of the parties as the GAL deems necessary or helpful to the court
  • Perform any other investigation necessary to make an informed recommendation regarding the best interests of the child

A nonattorney GAL must avoid engaging in conduct that constitutes the unauthorized practice of law, be vigilant in performing the GAL’s duties, and request that the court appoint legal counsel, or otherwise employ the services of an attorney, to undertake appropriate legal actions on behalf of the GAL in the case.

When a court appoints an attorney to serve as both the GAL and attorney for a child, the attorney shall advocate for the child’s best interests and the child’s wishes in accord with the Rules of Professional Conduct. When a GAL determines that a conflict exists between the child’s best interests and the child’s wishes, the GAL shall, at the earliest practical time, request in writing that the court promptly resolve the conflict by entering appropriate orders.

How the Representative Is Compensated

Citation: Rev. Code § 2151.281The court may fix the compensation for the service of the GAL, which shall be paid from the treasury of the county, subject to rules adopted by the Supreme Court.

Current Through April 2014

When Case Plans Are Required

Citation: Rev. Code § 2151.412Each public children services agency and private child-placing agency shall prepare and maintain a case plan for any child to whom the agency is providing services and to whom any of the following applies:

• The agency filed a complaint alleging that the child is an abused, neglected, or dependent child.
• The agency has temporary or permanent custody of the child.
• The child is living at home subject to an order for protective supervision.
• The child is in a planned permanent living arrangement.

Each public children services agency shall prepare and maintain a case plan or a family service plan for any child for whom the agency is providing in-home services pursuant to an alternative response.

The case plan must be filed with the court prior to the child’s adjudicatory hearing, but no later than 30 days after the earlier of the dates on which the complaint in the case was filed or the child was first placed into shelter care.

All parts of the case plan shall be completed by the earlier of 30 days after the adjudicatory hearing or the date of the dispositional hearing for the child.

Who May Participate in the Case Planning Process

Citation: Rev. Code § 2151.412Any agency that is required to prepare a case plan shall attempt to obtain an agreement among all parties, including, but not limited to, the parents, guardian, or custodian of the child, and the guardian ad litem of the child regarding the content of the case plan.

Contents of a Case Plan

Admin. Code § 5101:2-39-11For 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:

• The parties involved in the case plan and their individual responsibilities
• A statement of the goals and objectives to be achieved and the conditions in the home that must be improved to ensure the child will be safe and will receive proper care
• Anticipated timeframes for attainment of the goals and objectives
• Identification of services requested by, or that have been or will be offered or provided to, the child or his or her parent, guardian, or custodian to achieve the identified goals
• A 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 home
• Specification of case management, casework services, and/or if appropriate, therapeutic counseling

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

• Identification of the type of out-of-home care placement
• An explanation of the appropriateness and safety of the placement
• A statement of the reasonable efforts that were 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
• An explanation of the steps to be taken to ensure services are provided to the child and his or her parent, guardian, or custodian to do one of the following:
  • Facilitate the return of the child to his or her parent, guardian, or custodian
  • Locate a safe, planned permanent living arrangement for the child
• An explanation of the steps to be taken to ensure services are provided to the child and substitute caregiver to address the needs of the child while the child is in placement
• 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
• If the case plan goal is adoption or another planned permanent living arrangement, a discussion of the steps the agency is taking to do one of the following:
  • Place the child with an adult relative who expresses an interest in adopting the child and meets all relevant State child protection standards
  • Find an adoptive family for the child through child-specific recruitment efforts
  • Identify a planned permanent living arrangement for the child
  • Finalize the adoption or guardianship
• A discussion of why parental rights shall not be terminated
• For a child age 16 or older, identification of the programs and services to assist the child to prepare for transition to independent living, if appropriate

Current Through November 2012

Citation: Ohio Admin. Code Ann. § 5101:2-38-05(CC) (LexisNexis through 10-19-12)The public children’s services agency may develop a supplemental plan for locating a permanent family placement for a 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.

Citation: Ohio Rev. Code Ann. § 2151.412(J) (LexisNexis through 9-28-12)A case plan may include, as a supplement, a plan for locating a permanent family placement. The supplement shall not be considered part of the case plan.

Current Through January 2016

Schedule of Hearings

Citation: Rev. Stat. § 2151.417; Admin. Code § 5101:2-38-9Any court that issues a dispositional order may review at any time the child’s placement or custody arrangement, the child’s case plan, the actions of the public children’s services agency or private child-placing agency in implementing that case plan, the child’s permanency plan if the child’s permanency plan has been approved, and any other aspects of the child’s placement or custody arrangement.

The court shall hold a review hearing:

• No later than 1 year after the child was first placed in care and every 12 months thereafter
• Within 30 days of a finding that reasonable efforts to return the child home are no longer required

In regulation: Each public children services agency shall review the case plan no later than every 90 days from whichever of the following activities occurs first:

• The original agency court complaint date
• The date the agency received custody of the child
• The date of court-ordered protective supervision
• The date the parent, guardian, or custodian signed the case plan for in-home supportive services only

Persons Entitled to Attend Hearings

Citation: Rev. Stat. § 2151.417The court shall give notice of every hearing to:

• Appropriate agency employees
• The child’s parents
• Any person who had guardianship or legal custody of the child
• The guardian ad litem
• The child

Determinations Made at Hearings

Citation: Rev. Stat. § 2151.417; Admin. Code § 5101:2-38-9At the court hearing, the court shall determine:

• The appropriateness of any agency actions
• The safety and appropriateness of continuing the child’s placement or custody arrangement
• The extent of compliance with the child’s case plan
• The extent of progress that has been made toward alleviating or mitigating the causes necessitating the child’s placement in foster care
• Whether any changes should be made to the child’s permanency plan or placement
• A likely date by which the child may be safely returned home or placed for adoption or legal custody
• If an administrative review has been conducted, whether the conclusions of the review are supported by a preponderance of the evidence, and approve or modify the case plan based upon that evidence
• When approving a permanency plan, whether the agency required to develop the plan has made reasonable efforts to finalize it

If the court finds the agency has not made reasonable efforts to finalize the plan, the court shall require the agency to use reasonable efforts to do the following:

• Place the child in a timely manner into a permanent placement
• Complete whatever steps are necessary to finalize the permanent placement of the child

In making reasonable efforts, the agency shall consider the child’s health and safety as the paramount concern.

In regulation: The purpose of the case review is to ensure continued efforts are made to:

• Assess child safety
• Evaluate whether risk to the child is lowered or increased
• Evaluate the effectiveness of supportive services offered and provided to the child; his or her parent, guardian, custodian, or preadoptive parent; or substitute caregiver
• Identify barriers to the provision of services
• Prevent placement, if possible, of the child in substitute care, assist in reunifying the child with the child’s parent, or establish a permanent placement for the child

Permanency Options

Citation: Rev. Stat. § 2151.417Permanency options include:

• Return home
• Adoption
• Legal custody
• Another planned permanent living arrangement

Current Through March 2016

Citation: Rev. Code Ann. § 2151.414(D)(1)In determining the best interests of a child at a hearing, the court shall consider all relevant factors including, but not limited to, the following:

• The interaction and interrelationship of the child with the child’s parents, siblings, relatives, foster caregivers, and out-of-home providers, and any other person who may significantly affect the child
• The wishes of the child, as expressed directly by the child or through the child’s guardian ad litem, with due regard for the maturity of the child
• The custodial history of the child, including whether the child has been in the temporary custody of one or more public children’s services agencies or private child-placing agencies for 12 or more months of a consecutive 22-month period ending on or after March 18, 1999
• The child’s need for a legally secure permanent placement and whether that type of placement can be achieved without a grant of permanent custody to the agency
• Whether any of the factors in § 2151.414(E)(7)-(11) apply in relation to the parents and child

Current Through January 2013

Circumstances That Are Grounds for Termination of Parental Rights

Citation: Rev. Stat. § 2151.414A court may terminate parental rights if it finds, by clear and convincing evidence, that it is in the best interests of the child and that any of the following apply:

• The child is abandoned.
• The child is orphaned, and there are no relatives of the child who are able to take permanent custody.
• The child has been in out-of-home care for 12 months or more of a consecutive 22-month period, and the child cannot be placed with either of the child’s parents within a reasonable time or should not be placed with the child’s parents.
• The parent has failed continuously and repeatedly to substantially remedy the conditions causing the child to be placed outside the child’s home.
• Chronic mental illness, emotional illness, mental retardation, physical disability, or chemical dependency makes the parent unable to provide an adequate permanent home for the child.
• The parent committed abuse against the child or caused or allowed the child to suffer neglect.
• The parent has demonstrated a lack of commitment toward the child by failing to regularly support, visit, or communicate with the child when able to do so.
• The parent has been convicted of an offense against the person, including endangering children, sexual assault, prostitution, aggravated menacing, domestic violence, and kidnapping, and the child or a sibling of the child was a victim of the offense, or the parent has been convicted of involuntary manslaughter, a sibling of the child was the victim of the offense, and the parent who committed the offense poses an ongoing danger to the child or a sibling of the child.
• The parent is incarcerated for an offense committed against the child or a sibling of the child.
• The parent has been convicted of one of the following:
  • Murder or voluntary manslaughter, and the victim was a sibling of the child or another child in the parent’s household
  • Assault, and the victim is the child, a sibling of the child, or another child in the parent’s household
  • Endangering children, and the child, a sibling of the child, or another child in the parent’s household is the victim
  • Rape, sexual battery, or other sexual offense, and the victim is the child, a sibling of the child, or another child in the parent’s household
  • A conspiracy or attempt to commit, or complicity in committing, murder, manslaughter, or sexual offense
• The parent has repeatedly withheld medical treatment or food from the child when the parent has the means to provide the treatment or food.
• The parent has 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.
• The parent has abandoned the child.
• The parent has had parental rights involuntarily terminated with respect to a sibling of the child, and the parent has failed to provide clear and convincing evidence to prove that he or she can provide a secure home for the child.
• The parent is incarcerated and will not be available to care for the child for at least 18 months.
• The parent is repeatedly incarcerated, and the repeated incarceration prevents the parent from providing care for the child.
• The parent for any reason is unwilling to provide food, clothing, shelter, and other basic necessities for the child or to prevent the child from suffering abuse or neglect.

Circumstances That Are Exceptions to Termination of Parental Rights

This issue is not addressed in the statutes reviewed.

Circumstances Allowing Reinstatement of Parental Rights

This issue is not addressed in the statutes reviewed.

Current Through December 2014

Definitions

Citation: Rev. Code §§ 5107.02; 2151.011; 5101.85‘Custodian’ means an individual who has legal custody, as defined below, of a minor child.

‘Guardian’ means an individual that is granted authority by a probate court to exercise parental rights over a minor child to the extent provided in the court’s order and subject to residual parental rights of the child’s parents.

‘Specified relative’ means the following individuals who are age 18 or older:

• The following individuals related by blood or adoption:
  • Grandparents, including grandparents with the prefix ‘great,’ ‘great-great,’ or ‘great-great-great’
  • Siblings
  • Aunts, uncles, nephews, and nieces, including such relatives with the prefix ‘great,’ ‘great-great,’ ‘grand,’ or ‘great-grand’
  • First cousins and first cousins once removed
• Stepparents and stepsiblings
• Spouses and former spouses of individuals named above

‘Legal custody’ means a legal status that vests in the custodian the right to have physical care and control of the child and to assume the responsibilities listed below.

The term ‘residual parental rights, privileges, and responsibilities’ means those rights, privileges, and responsibilities remaining with the natural parent after the transfer of legal custody of the child, including, but not necessarily limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child’s religious affiliation, and the responsibility for support.

‘Kinship caregiver’ means any of the following who is age 18 or older and is caring for a child in place of the child’s parents:

• Any individual meeting the definitions of ‘specified relative’ above
• A legal guardian of the child
• A legal custodian of the child

Purpose of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

A Guardian’s Rights and Responsibilities

Citation: Rev. Code § 2151.011‘Legal custody’ means a legal status that vests in the custodian the right and duty:

• To have physical care and control of the child
• To determine where and with whom the child shall live
• To protect, train, and discipline the child
• To provide the child with food, shelter, education, and medical care

The rights and duties of the custodian are all subject to any residual parental rights, privileges, and responsibilities. An individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.

Qualifying the Guardian

Citation: Admin. Code § 5101:2-42-18A public or private children services agency may approve placement with the following substitute caregivers if the placement is determined to be in the child’s best interests and the substitute caregivers are not certified through the Ohio Department of Job and Family Services:

• A relative by blood or marriage who, in accordance with §§ 5103.02 and 5103.03, is exempt from certification and is being considered as a substitute caregiver
• A nonrelative who has a relationship with the child and/or family and who, in accordance with § 5153.161 approved by the court

Prior to placing the child with the relative or nonrelative substitute caregiver, the agency shall do the following to approve the placement:

• Collect identifying information on the prospective caregiver and all household members
• Assure that a search of the statewide automated child welfare information system has been completed for the prospective caregiver and adult household members
• Assess the safety, cleanliness, and suitability of the home
• Assess the prospective caregiver’s ability and willingness to provide care and supervision of the child and to provide a safe and appropriate placement for the child
• Require all adults in the home to identify any prior agency involvement
• Collect fingerprints from the prospective caregiver and all adults residing within the home in order to request State and Federal criminal records checks
• Require the prospective caregiver to submit written notification if a person whom is at least age 12, but less than age 18, residing in the home has been convicted of or pleaded guilty to any offenses described in § 5103.0319, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation

Procedures for Establishing Guardianship

Citation: Rev. Code § 2151.353If a child is adjudicated an abused, neglected, or dependent child, the court may award legal custody of the child to either parent or to any other person who, prior to the dispositional hearing, files a motion requesting legal custody of the child or is identified as a proposed legal custodian in a complaint or motion filed prior to the dispositional hearing by any party to the proceedings. A proposed legal custodian shall be awarded legal custody of the child only if the person signs a statement of understanding for legal custody that contains at least the following provisions:

• That it is the intent of the person to become the legal custodian of the child and the person is able to assume legal responsibility for the care and supervision of the child
• That the person understands that legal custody of the child in question is intended to be permanent in nature and that as the custodian the person will be responsible for the child until the child reaches the age of majority
• That the parents of the child have residual parental rights, privileges, and responsibilities, including, but not limited to, the privilege of reasonable visitation, consent to adoption, the privilege to determine the child’s religious affiliation, and the responsibility for support
• That the person understands that the person must be present in court for the dispositional hearing in order to affirm the person’s intention to become legal custodian, to affirm that the person understands the effect of the custodianship before the court, and to answer any questions that the court or any parties to the case may have

Contents of a Guardianship Order

This issue is not addressed in the statutes and regulations reviewed.

Modification/Revocation of Guardianship

This issue is not addressed in the statutes and regulations reviewed.

Eligibility for Guardianship Subsidy

Citation: Rev. Code § 5101.802The purpose of the kinship permanency incentive program is to promote permanency for a minor child in the legal and physical custody of a kinship caregiver. The program shall provide an initial one-time incentive payment to the kinship caregiver to defray the costs of initial placement of the child in the kinship caregiver’s home. The program may provide additional permanency incentive payments for the child at 6 month intervals for a total period not to exceed 48 months, based on the availability of funds.

A kinship caregiver may participate in the program if all of the following requirements are met:

• The kinship caregiver applies to a public children services agency in accordance with the application process established in administrative rules.
• No earlier than July 1, 2005, a juvenile court issues an order granting legal custody to the kinship caregiver, or a probate court grants guardianship to the kinship caregiver. A temporary court order is not sufficient to meet this requirement.
• The kinship caregiver is either the minor child’s custodian or guardian.
• The minor child resides with the kinship caregiver pursuant to a placement approved by the agency.
• Excluding any income excluded under the rules, the gross income of the kinship caregiver’s family, including the minor child, does not exceed 300 percent of the Federal poverty guidelines.

Links to Agency Policies

Ohio Administrative Code § 5101:2-40-04: Kinship Permanency Incentive (KPI) Program

Current Through July 2013

Relative Placement for Foster Care and Guardianship

Citation: Rev. Code § 5101.85; Admin. Code § 5101:2-42-05A kinship caregiver is a person age 18 or older who is related to the child by blood or marriage and who is caring for the child in place of the child’s parents. Relatives can include:

• Grandparents, including great, great-great, and great-great-great-grandparents
• Siblings
• Aunts, uncles, nephews, and nieces, including any relative with a great, great-great, or grand prefix
• First cousins and first cousins once removed
• Stepparents and stepsiblings of the child
• Spouses or former spouses of any of the above
• A legal guardian or legal custodian of the child

In regulation: When a child cannot remain in his or her own home, the child-placing agency shall explore both maternal and paternal relatives regarding their willingness and ability to assume temporary custody or guardianship of the child. Unless it is not in the child’s best interests, the agency shall explore placement with a noncustodial parent before considering other relatives.

If a suitable relative is not available to assume temporary custody or guardianship, the agency shall explore placement with a suitable nonrelative who has a relationship with the child and/or family.

The agency shall place children only in substitute care settings that are licensed, certified, or approved by the agency of the State that has responsibility for licensing, certifying, or approving facilities of the type in which the child is placed or in homes of relatives or nonrelatives.

Requirements for Placement with Relatives

Citation: Admin. Code § 5101:2-42-18Prior to placing the child with the relative or nonrelative substitute caregiver, the agency shall adhere to the following procedures in approving the placement setting:

• Collect identifying information
• Complete a search of the statewide automated child welfare information system
• Assess the safety and cleanliness of the home
• Provide the prospective caregiver with information regarding educational, medical, child care, and special needs of the child, including information on how to access support services
• Provide the prospective caregiver with the following information:
  • How to apply for child-only financial assistance and Medicaid coverage
  • The requirements for foster caregiver certification
• Assess the prospective caregiver’s ability and willingness to provide safe and appropriate care and supervision of the child
• Require all adults in the home to identify prior protective services involvement
• Complete a criminal records check on the prospective caregiver and all adults residing in the home
• Require the prospective caregiver to submit written notification if a person age 12 to 18 residing in the home has been convicted of or plead guilty to any offenses described in § 5103.0319 of the Revised Code, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation

If a child must be removed from his or her home immediately, the agency may place the child with the prospective relative or nonrelative caregiver if there are no known safety concerns and initiate the assessment of the home no later than the next business day.

Requirements for Placement of Siblings

Citation: Admin. Code §§ 5101:2-42-05; 5101:2-42-92The child-placing agency shall attempt to place siblings in the same home unless it is not in the child’s or siblings’ best interests.

In the child’s best interests, the agency shall make arrangements for visits and communication between the child and his or her siblings and other family members or individuals who are integral to maintaining connections. The agency also shall make arrangements for visits related to the maintenance of connections with Indian Tribes pursuant to rule 5101:2-53-06 of the Administrative Code.

Relatives Who May Adopt

Citation: Rev. Code § 5103.161If a child-placing agency has placed a child in a foster home or with a relative of the child, other than a parent of the child, the agency shall notify the child’s foster caregiver or relative if the agency seeks permanent custody of the child or, if the agency already has permanent custody of the child, seeks to place the child for adoption. The notice also shall inform the foster caregiver or relative that the foster caregiver or relative can be considered for adoption.

Requirements for Adoption by Relatives

Citation: Rev. Code § 5103.161If the foster caregiver or relative informs the agency that the foster caregiver or relative wants to adopt the child, the agency shall inform the foster caregiver or relative of the process for obtaining an application to adopt the child and that the child may be placed for adoption in another home even if the foster caregiver or relative submits the application. If the agency is given permanent custody of the child and the foster caregiver or relative has informed the agency of the foster caregiver’s or relative’s desire to adopt the child, the agency shall consider giving preference to an adult relative over a nonrelative caregiver when determining an adoptive placement for the child, provided the adult relative satisfies all relevant child protection standards and the agency determines that the placement is in the child’s best interests.

Current Through March 2016

What Are Reasonable Efforts

Citation: Rev. Code § 2151.419Reasonable efforts are relevant services provided by the child welfare agency to the family of the child.

When Reasonable Efforts Are Required

Citation: Rev. Code § 2151.419Reasonable efforts must be made:

• To prevent removal of the child from the home
• To eliminate the continued removal of the child from home
• To make it possible for the child to return safely home

When Reasonable Efforts Are NOT Required

Citation: Rev. Code § 2151.419The court shall determine that reasonable efforts are not required if any of the following apply:

• The parent from whom the child was removed has been convicted of or pleaded guilty to one of the following:
  • Murder or voluntary manslaughter of another child in the household
  • Assault, endangering children, rape, sexual battery, corruption of a minor, or sexual imposition of the child or another child in the household
  • Trafficking in persons, compelling prostitution, or promoting prostitution of the child, a sibling of the child, or another child who lived in the parent’s household at the time of the offense
  • Conspiracy, attempt to commit, or complicity in committing, an offense described above
• The parent has repeatedly withheld medical treatment or food from the child.
• The parent has placed the child at substantial risk of harm two or more times due to drug or alcohol abuse and has rejected treatment two or more times.
• The parent has abandoned the child.
• The parent’s parental rights to another child have been terminated involuntarily.

Current Through February 2015

Who Can Nominate a Standby Guardian

Citation: Rev. Code § 2111.121A person may nominate in a writing another person to be the guardian of one or more of the nominator’s minor or incompetent adult children, whether born at the time of the execution of the writing or afterward.

How to Establish a Standby Guardian

Citation: Rev. Code § 2111.121The nomination is for consideration by a court if proceedings for the appointment of a guardian of the person, the estate, or both, of one or more of the nominator’s minor or incompetent adult children are commenced at a later time. The person may authorize, in a writing of that nature, the person nominated as guardian to nominate a successor guardian for consideration by a court. The person also may direct, in a writing of that nature, that bond be waived for a person nominated as guardian in it or nominated as a successor guardian in accordance with an authorization in it.

To be effective as a nomination, the writing shall be signed by the person making the nomination in the presence of two witnesses; signed by the witnesses; and contain, immediately prior to their signatures, an attestation of the witnesses that the person making the nomination signed the writing in their presence; or be acknowledged by the person making the nomination before a notary public.

How Standby Authority is Activated

Citation: Rev. Code § 2111.121Nomination of a person as a guardian or successor guardian of the person, the estate, or both, of one or more of the nominator’s minor or incompetent adult children, and any subsequent appointment of the guardian or successor guardian as guardian under § 2111.02, does not vacate the jurisdiction of any other court that previously may have exercised jurisdiction over the person of the minor or incompetent adult child.

The writing containing the nomination of a person to be the guardian of the person, the estate, or both, of one or more of the nominator’s minor or incompetent adult children may be filed with the probate court for safekeeping, and the probate court shall designate the nomination as the nomination of a standby guardian.

Involvement of the Noncustodial Parent

Citation:
This issue is not addressed in the statutes reviewed.

Authority Relationship of the Parent and the Standby

Citation:This issue is not addressed in the statutes reviewed.

Withdrawing Guardianship

Citation: Rev. Code § 2111.121A person’s nomination, in a writing described above, of one or more of the nominator’s minor children or incompetent adult children is revoked by the person’s subsequent nomination of a guardian of one or more of the nominator’s minor children or incompetent adult children, and, except for good cause shown or disqualification, the court shall make its appointment in accordance with the person’s most recent nomination. If the writing contains a waiver of bond, the court shall waive bond of the person nominated as guardian unless it is of the opinion that the interest of the trust demands it.