Ohio § 2151.281

§ 2151.281.

(A) The court shall appoint a guardian ad litem, subject to rules adopted by the supreme

court, to protect the interest of a child in any proceeding concerning an alleged

or adjudicated delinquent child or unruly child when either of the following applies: (1) The child has no parent, guardian, or legal custodian. (2) The court finds that there is a conflict of interest between the child and the child's

parent, guardian, or legal custodian. (B)(1) Except as provided in division (K) of this section, the court shall appoint a guardian

ad litem, subject to rules adopted by the supreme court, to protect the interest of

a child in any proceeding concerning an alleged abused or neglected child and in any

proceeding held pursuant to section 2151.414 of the Revised Code .  The guardian ad litem so appointed 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. (2) Except in any proceeding concerning a dependent child involving the permanent custody

of an infant under the age of six months for the sole purpose of placement for adoption

by a private child placing agency, the court shall appoint a guardian ad litem, subject

to rules adopted by the supreme court, to protect the interest of a child in any proceeding

concerning an alleged dependent child if any of the following applies: (a) The parent of the child appears to be mentally incompetent or is under eighteen years

of age. (b) There is a conflict of interest between the child and the child's parents, guardian,

or custodian. (c) The court believes that the parent of the child is not capable of representing the

best interest of the child. (3) Except in any proceeding concerning a dependent child involving the permanent custody

of an infant under the age of six months for the sole purpose of placement for adoption

by a private child placing agency, the court may appoint a guardian ad litem, subject

to rules adopted by the supreme court, to protect the interest of the child in any

other proceeding concerning an alleged dependent child. (4) The guardian ad litem appointed for an alleged or adjudicated abused or neglected

child may bring a civil action against any person who is required by division (A)(1)

or (4) of section 2151.421 of the Revised Code to file a report of child abuse or

child neglect that is known or reasonably suspected or believed to have occurred if

that person knows, or has reasonable cause to suspect or believe based on facts that

would cause a reasonable person in a similar position to suspect or believe, as applicable,

that the child for whom the guardian ad litem is appointed is the subject of child

abuse or child neglect and does not file the required report and if the child suffers

any injury or harm as a result of the child abuse or child neglect that is known or

reasonably suspected or believed to have occurred or suffers additional injury or

harm after the failure to file the report. (C) In any proceeding concerning an alleged or adjudicated delinquent, unruly, abused,

neglected, or dependent child in which the parent appears to be mentally incompetent

or is under eighteen years of age, the court shall appoint a guardian ad litem to

protect the interest of that parent. (D) The court shall require the guardian ad litem to faithfully discharge the guardian

ad litem's duties and, upon the guardian ad litem's failure to faithfully discharge

the guardian ad litem's duties, shall discharge the guardian ad litem and appoint

another guardian ad litem.  The court may fix the compensation for the service of the guardian ad litem, which

compensation shall be paid from the treasury of the county, subject to rules adopted

by the supreme court. (E) A parent who is eighteen years of age or older and not mentally incompetent shall

be deemed sui juris for the purpose of any proceeding relative to a child of the parent

who is alleged or adjudicated to be an abused, neglected, or dependent child. (F) In any case in which a parent of a child alleged or adjudicated to be an abused,

neglected, or dependent child is under eighteen years of age, the parents of that

parent shall be summoned to appear at any hearing respecting the child, who is alleged

or adjudicated to be an abused, neglected, or dependent child. (G) Except as provided in division (K) of this section, in any case in which a guardian

ad litem is to be appointed for an alleged or adjudicated abused, neglected, or dependent

child or in any case involving an agreement for the voluntary surrender of temporary

or permanent custody of a child that is made in accordance with section 5103.15 of the Revised Code , the court shall appoint the guardian ad litem in each case as soon as possible after

the complaint is filed, the request for an extension of the temporary custody agreement

is filed with the court, or the request for court approval of the permanent custody

agreement is filed.  The guardian ad litem or the guardian ad litem's replacement shall continue to serve

until any of the following occur: (1) The complaint is dismissed or the request for an extension of a temporary custody

agreement or for court approval of the permanent custody agreement is withdrawn or

denied; (2) All dispositional orders relative to the child have terminated; (3) The legal custody of the child is granted to a relative of the child, or to another

person; (4) The child is placed in an adoptive home or, at the court's discretion, a final decree

of adoption is issued with respect to the child; (5) The child reaches the age of eighteen if the child does not have a developmental

disability or physical impairment or the child reaches the age of twenty-one if the

child has a developmental disability or physical impairment; (6) The guardian ad litem resigns or is removed by the court and a replacement is appointed

by the court. If a guardian ad litem ceases to serve a child pursuant to division (G)(4) of this

section and the petition for adoption with respect to the child is denied or withdrawn

prior to the issuance of a final decree of adoption or prior to the date an interlocutory

order of adoption becomes final, the juvenile court shall reappoint a guardian ad

litem for that child.  The public children services agency or private child placing agency with permanent

custody of the child shall notify the juvenile court if the petition for adoption

is denied or withdrawn. (H) If the guardian ad litem for an alleged or adjudicated abused, neglected, or dependent

child is an attorney admitted to the practice of law in this state, the guardian ad

litem also may serve as counsel to the ward.  Until the supreme court adopts rules regarding service as a guardian ad litem that

regulate conflicts between a person's role as guardian ad litem and as counsel, if

a person is serving as guardian ad litem and counsel for a child and either that person

or the court finds that a conflict may exist between the person's roles as guardian

ad litem and as counsel, the court shall relieve the person of duties as guardian

ad litem and appoint someone else as guardian ad litem for the child.  If the court appoints a person who is not an attorney admitted to the practice of

law in this state to be a guardian ad litem, the court also may appoint an attorney

admitted to the practice of law in this state to serve as counsel for the guardian

ad litem. (I) The guardian ad litem for an alleged or adjudicated abused, neglected, or dependent

child shall perform whatever functions are necessary to protect the best interest

of the child, including, but not limited to, investigation, mediation, monitoring

court proceedings, and monitoring the services provided the child by the public children

services agency or private child placing agency that has temporary or permanent custody

of the child, and shall file any motions and other court papers that are in the best

interest of the child in accordance with rules adopted by the supreme court. The guardian ad litem shall be given notice of all hearings, administrative reviews,

and other proceedings in the same manner as notice is given to parties to the action. (J)(1) When the court appoints a guardian ad litem pursuant to this section, it shall appoint

a qualified volunteer or court appointed special advocate whenever one is available

and the appointment is appropriate. (2) Upon request, the department of children and youth shall provide for the training

of volunteer guardians ad litem. (K) A guardian ad litem shall not be appointed for a child who is under six months of

age in any proceeding in which a private child placing agency is seeking permanent

custody of the child or seeking approval of a voluntary permanent custody surrender

agreement for the sole purpose of the adoption of the child.