Ohio Admin. Code 5101:2-39-01 - Removal of a child from the child's own home
(A) If the public children services agency
(PCSA) or private child placing agency (PCPA) has determined a child cannot be
maintained safely through the implementation of voluntary safety planning, the
PCSA or PCPA shall pursue removal of the child from the home.
(B) If a child has Indian heritage, tribal
eligibility or tribal membership and is removed from the child's own home, the
PCSA or PCPA shall act in accordance with procedures outlined in rules
5101:2-53-03
and
5101:2-53-06
of the Administrative Code.
(C) If
removal of a child from the home is necessary, as determined by the PCSA or
PCPA, the agency shall do one of the following:
(1) File a complaint with the juvenile court
with a motion requesting removal of the child.
(a) Provide the court with documentation of
the provision of reasonable efforts to prevent removal or documentation
identifying reasonable efforts are not required pursuant to paragraph (L) of
this rule.
(b) Request the court
make a determination of one of the following:
(i) Reasonable efforts to prevent removal
were made through the provision of supportive services.
(ii) Reasonable efforts were not possible due
to the urgent nature of the child's removal.
(iii) Reasonable efforts were not required
pursuant to paragraph (L) of this rule.
(2) Petition the court for an ex parte
emergency order authorizing the continued placement of the child within
twenty-four hours or the next business day from the date of the child's removal
from the home.
(3) 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.
(D) Upon removal of the child, the PCSA or
PCPA shall provide the child if age and developmentally appropriate and the
child's custodial parent, non-custodial parent, guardian, or custodian with the
following information and document the date and method
of notification in the case record in accordance with rule
5101:2-33-23
of the Administrative Code
verbally and in
writing:
(1) Reason for the
removal.
(2) PCSA or PCPA name,
telephone number, address, and name of person to contact regarding the
case.
(3) Visitation schedule prior
to a journalized family case plan, inclusive of
sibling visitation if not placed together.
(4)
Date,
time,
Time and place of court
hearings, if applicable.
(5) The
name and telephone number of the employee designated by the court to provide
the appointment of counsel to a custodial parent,
non-custodial parent, guardian, or custodian who
cannot afford to hire an attorney if known.
(E) In the absence of the
custodial parent, non-custodial parent, guardian, or custodian, the PCSA
or PCPA shall provide or attempt to provide the custodial parent, non-custodial parent, guardian, or custodian with the
information stated in paragraph (D) of this rule within twenty-four hours of
the removal.
(F) The PCSA or PCPA
shall make reasonable efforts to place siblings 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.
(G) If siblings are not
placed together the PCSA or PCPA shall do one of the following:
(1) Develop a written visitation plan
pursuant to rule
5101:2-38-05
of the Administrative Code.
(2)
Develop a written visitation plan pursuant to rule
5101:2-38-07
of the Administrative Code.
(H) The PCSA or PCPA shall do all of the
following within thirty days after removal of a child from his or her
custodial parent, non-custodial parent, guardian or custodian:
(1) Exercise due diligence in identifying the
following relatives and/or kin :
(a) All maternal and paternal
grandparents.
(b)
Individuals related by blood or adoption
Other adult relatives of the child.
(c)
A parent who has
legal custody of the child's sibling including blood, halfblood, or
adoption
Any adult relatives suggested by the
child's parents.
(d)
Any non-relative adult the child or the child's parent,
guardian, or custodian identifies as having a familiar relationship with the
child and/or the family
A parent who has legal
custody of the child's sibling including blood, half-blood or
adoption.
(2)
Provide notice to all adult relatives and kin
identified in paragraphs (H)(1)(a) to (H)(1)(d) of this rule specifying all of
the following and documenting the date and method of notification in the case
record in accordance with rule
5101:2-33-23
of the Administrative Code:
(b)(c)
The options the relative or kin has to
participate
provide
in the
care and placement of
for the child including:
any options that may be
lost by failing to respond to the notice.
(c)(d)
The potential of legal permanency of the child if the
parent, guardian, or custodian is unable to regain custody of the child
removed
The requirements to become a licensed
foster home and the additional services and supports available for children
placed in a foster home.
(a) The child has
been or is being removed from the parents' custody.
(b)
The options the
relative or kin has to provide support for the child:
(i)
Babysitting.
(ii)
Companionship.
(iii)
Emotional
support.
(iv)
Mentorship.
(v)
Respite
care.
(vi)
Transportation.
(i)
The requirements
to become a licensed foster caregiver in accordance with rule
5101:2-7-02
of the Administrative Code and the additional services and supports available
for children placed in a foster home.
(ii)
Available
kinship support in accordance with rule 5101:2-42-18.2 of the Administrative
Code.
(e)
The failure to
respond to the notification may impact the future ability to provide support,
care, and placement of the child.
(3) Document in the case record if any adult
relative or kin identified pursuant to paragraph
(H)(1) of this rule has a history of family violence. The PCSA or PCPA is not
required to notify adult relatives or kin with a
history of family violence pursuant to paragraph (H)(2) of this rule.
(4)
Provide
information to relative or kin respondents in accordance with rule
5101:2-42-90
of the Administrative Code and assess the
Assess relative respondents pursuant to rule
5101:2-42-18
or
5101:2-52-04
of the Administrative Code to determine whether or not placement is approved.
Upon placement of the child with an approved relative or kin , the PCSA or PCPA is not required to assess any
other relative respondent; but shall keep a
recorded list of the identified adult relatives and
kin in the case record.
(I) Nothing in paragraph (H) of this rule
shall preclude the PCSA or PCPA from identifying and notifying relatives or kin
not expressly identified in paragraph (H) (1) of this rule, that the child has
been or is being removed from the parents' custody.
(J) 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.
(K) The PCSA or PCPA shall provide
the court with documentation and request the court make a judicial
determination that reasonable efforts have been made to finalize the permanency
plan in accordance with rule
5101:2-47-22
of the Administrative Code.
(L)
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) An offense under
sections
2905.32,
2907.21,
and
2907.22 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;
(f) A
conspiracy or attempt to commit, or complicity to committing, an offense
described in paragraph (L)(1)(a), (L)(1)(d), or (L)(1)(e) 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 family case plan is developed pursuant to rule
5101:2-38-07
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
2151.3515
of the Revised Code.
(M)
If the PCSA or PCPA 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
or PCPA 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.
(N) At the end of
each month for the first five months after the PCSA or PCPA takes the child
into custody, the agency shall provide the CDJFS with the following
information:
(1) Whether or not the
custodial parent, non-custodial parent, guardian, or custodian is
cooperating with the family case plan prepared
pursuant to rule
5101:2-38-05
or
5101:2-38-07
of the Administrative Code.
(2)
Whether or not the PCSA or PCPA is making reasonable efforts to return the
child to the home of the OWF assistance group.
(O) The PCSA or PCPA shall document all
activities, notifications and copies of court documents required by this rule
in the case record.
Notes
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421
Rule Amplifies: 2151.412, 2151.421, 2151.419
Prior Effective Dates: 01/14/1983, 01/01/1987, 01/01/1988, 01/01/1989, 10/01/1997 (Emer.), 12/30/1997, 03/18/1999 (Emer.), 06/17/1999, 07/01/2000, 04/01/2001, 03/01/2006, 10/29/2009, 12/31/2010, 11/10/2011, 05/30/2014, 07/15/2016
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