Ohio § 2151.353

§ 2151.353.

(A) If a child is adjudicated an abused, neglected, or dependent child, the court may

make any of the following orders of disposition: (1) Place the child in protective supervision; (2) Commit the child to the temporary custody of any of the following: (a) A public children services agency; (b) A private child placing agency; (c) Either parent; (d) A relative residing within or outside the state; (e) A probation officer for placement in a certified foster home; (f) Any other person approved by the court. (3) 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 person identified in a complaint or motion filed by a party to the proceedings

as a proposed legal custodian shall be awarded legal custody of the child only if

the person identified signs a statement of understanding for legal custody that contains

at least the following provisions: (a) 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; (b) That the person understands that legal custody of the child in question is intended

to be permanent in nature and that the person will be responsible as the custodian

for the child until the child reaches the age of majority.  Responsibility as custodian for the child shall continue beyond the age of majority

if, at the time the child reaches the age of majority, the child is pursuing a diploma

granted by the board of education or other governing authority, successful completion

of the curriculum of any high school, successful completion of an individualized education

program developed for the student by any high school, or an age and schooling certificate.  Responsibility beyond the age of majority shall terminate when the child ceases

to continuously pursue such an education, completes such an education, or is excused

from such an education under standards adopted by the department of education and

workforce, whichever occurs first. (c) 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; (d) 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. (4) Commit the child to the permanent custody of a public children services agency or

private child placing agency, if the court determines in accordance with division (E) of section 2151.414 of the Revised Code that the child cannot be placed with one of the child's parents within a reasonable

time or should not be placed with either parent and determines in accordance with division (D)(1) of section 2151.414 of the Revised Code that the permanent commitment is in the best interest of the child.  If the court grants permanent custody under this division, the court, upon the request

of any party, shall file a written opinion setting forth its findings of fact and

conclusions of law in relation to the proceeding. (5) Place the child in a planned permanent living arrangement with a public children

services agency or private child placing agency, if a public children services agency

or private child placing agency requests the court to place the child in a planned

permanent living arrangement and if the court finds, by clear and convincing evidence,

that a planned permanent living arrangement is in the best interest of the child,

that the child is sixteen years of age or older, and that one of the following exists: (a) The child, because of physical, mental, or psychological problems or needs, is unable

to function in a family-like setting and must remain in residential or institutional

care now and for the foreseeable future beyond the date of the dispositional hearing

held pursuant to section 2151.35 of the Revised Code . (b) The parents of the child have significant physical, mental, or psychological problems

and are unable to care for the child because of those problems, adoption is not in

the best interest of the child, as determined in accordance with division (D)(1) of section 2151.414 of the Revised Code , and the child retains a significant and positive relationship with a parent or relative. (c) The child has been counseled on the permanent placement options available to the

child, and is unwilling to accept or unable to adapt to a permanent placement. (6) Order the removal from the child's home until further order of the court of the person

who committed abuse as described in section 2151.031 of the Revised Code against the child, who caused or allowed the child to suffer neglect as described

in section 2151.03 of the Revised Code , or who is the parent, guardian, or custodian of a child who is adjudicated a dependent

child and order any person not to have contact with the child or the child's siblings. (B)(1) When making a determination on whether to place a child in a planned permanent living

arrangement pursuant to division (A)(5)(b) or (c) of this section, the court shall

consider all relevant information that has been presented to the court, including

information gathered from the child, the child's guardian ad litem, and the public

children services agency or private child placing agency. (2) A child who is placed in a planned permanent living arrangement pursuant to division

(A)(5)(b) or (c) of this section shall be placed in an independent living setting

or in a family setting in which the caregiver has been provided by the agency that

has custody of the child with a notice that addresses the following: (a) The caregiver understands that the planned permanent living arrangement is intended

to be permanent in nature and that the caregiver will provide a stable placement for

the child through the child's emancipation or until the court releases the child from

the custody of the agency, whichever occurs first. (b) The caregiver is expected to actively participate in the youth's independent living

case plan, attend agency team meetings and court hearings as appropriate, complete

training, as developed and implemented under section 5103.035 of the Revised Code , related to providing the child independent living services, and assist in the child's

transition into adulthood. (3) The department of children and youth shall develop a model notice to be provided

by an agency that has custody of a child to a caregiver under division (B)(2) of this

section.  The agency may modify the model notice to apply to the needs of the agency. (C) No order for permanent custody or temporary custody of a child or the placement of

a child in a planned permanent living arrangement shall be made pursuant to this section

unless the complaint alleging the abuse, neglect, or dependency contains a prayer

requesting permanent custody, temporary custody, or the placement of the child in

a planned permanent living arrangement as desired, the summons served on the parents

of the child contains as is appropriate a full explanation that the granting of an

order for permanent custody permanently divests them of their parental rights, a full

explanation that an adjudication that the child is an abused, neglected, or dependent

child may result in an order of temporary custody that will cause the removal of the

child from their legal custody until the court terminates the order of temporary custody

or permanently divests the parents of their parental rights, or a full explanation

that the granting of an order for a planned permanent living arrangement will result

in the removal of the child from their legal custody if any of the conditions listed

in divisions (A)(5)(a) to (c) of this section are found to exist, and the summons

served on the parents contains a full explanation of their right to be represented

by counsel and to have counsel appointed pursuant to Chapter 120. of the Revised Code

if they are indigent. If after making disposition as authorized by division (A)(2) of this section, a motion

is filed that requests permanent custody of the child, the court may grant permanent

custody of the child to the movant in accordance with section 2151.414 of the Revised Code . (D) If the court issues an order for protective supervision pursuant to division (A)(1)

of this section, the court may place any reasonable restrictions upon the child, the

child's parents, guardian, or custodian, or any other person, including, but not limited

to, any of the following: (1) Order a party, within forty-eight hours after the issuance of the order, to vacate

the child's home indefinitely or for a specified period of time; (2) Order a party, a parent of the child, or a physical custodian of the child to prevent

any particular person from having contact with the child; (3) Issue an order restraining or otherwise controlling the conduct of any person which

conduct would not be in the best interest of the child. (E) As part of its dispositional order, the court shall journalize a case plan for the

child.  The journalized case plan shall not be changed except as provided in section 2151.412 of the Revised Code . (F)(1) The court shall retain jurisdiction over any child for whom the court issues an order

of disposition pursuant to division (A) of this section or pursuant to section 2151.414 or 2151.415 of the Revised Code until the child attains the age of eighteen years if the child does not have a developmental

disability or physical impairment, the child attains the age of twenty-one years if

the child has a developmental disability or physical impairment, or the child is adopted

and a final decree of adoption is issued, except that the court may retain jurisdiction

over the child and continue any order of disposition under division (A) of this section

or under section 2151.414 or 2151.415 of the Revised Code for a specified period of time to enable the child to graduate from high school or

vocational school.  The court shall make an entry continuing its jurisdiction under this division in

the journal. (2) Any public children services agency, any private child placing agency, the department

of children and youth, or any party, other than any parent whose parental rights with

respect to the child have been terminated pursuant to an order issued under division

(A)(4) of this section, by filing a motion with the court, may at any time request

the court to modify or terminate any order of disposition issued pursuant to division

(A) of this section or section 2151.414 or 2151.415 of the Revised Code .  The court shall hold a hearing upon the motion as if the hearing were the original

dispositional hearing and shall give all parties to the action and the guardian ad

litem notice of the hearing pursuant to the Juvenile Rules.  If applicable, the court shall comply with section 2151.42 of the Revised Code . (G) Any temporary custody order issued pursuant to division (A) of this section shall

terminate one year after the earlier of the date on which the complaint in the case

was filed or the child was first placed into shelter care, except that, upon the filing

of a motion pursuant to section 2151.415 of the Revised Code , the temporary custody order shall continue and not terminate until the court issues

a dispositional order under that section.  In resolving the motion, the court shall not order an existing temporary custody

order to continue beyond two years after the date on which the complaint was filed

or the child was first placed into shelter care, whichever date is earlier, regardless

of whether any extensions have been previously ordered pursuant to division (D) of section 2151.415 of the Revised Code . (H)(1) No later than one year after the earlier of the date the complaint in the case was

filed or the child was first placed in shelter care, a party may ask the court to

extend an order for protective supervision for six months or to terminate the order.  A party requesting extension or termination of the order shall file a written request

for the extension or termination with the court and give notice of the proposed extension

or termination in writing before the end of the day after the day of filing it to

all parties and the child's guardian ad litem.  If a public children services agency or private child placing agency requests termination

of the order, the agency shall file a written status report setting out the facts

supporting termination of the order at the time it files the request with the court.  If no party requests extension or termination of the order, the court shall notify

the parties that the court will extend the order for six months or terminate it and

that it may do so without a hearing unless one of the parties requests a hearing.  All parties and the guardian ad litem shall have seven days from the date a notice

is sent pursuant to this division to object to and request a hearing on the proposed

extension or termination. (a) If it receives a timely request for a hearing, the court shall schedule a hearing

to be held no later than thirty days after the request is received by the court.  The court shall give notice of the date, time, and location of the hearing to all

parties and the guardian ad litem.  At the hearing, the court shall determine whether extension or termination of the

order is in the child's best interest.  If termination is in the child's best interest, the court shall terminate the order.  If extension is in the child's best interest, the court shall extend the order for

six months. (b) If it does not receive a timely request for a hearing, the court may extend the order

for six months or terminate it without a hearing and shall journalize the order of

extension or termination not later than fourteen days after receiving the request

for extension or termination or after the date the court notifies the parties that

it will extend or terminate the order.  If the court does not extend or terminate the order, it shall schedule a hearing

to be held no later than thirty days after the expiration of the applicable fourteen-day

time period and give notice of the date, time, and location of the hearing to all

parties and the child's guardian ad litem.  At the hearing, the court shall determine whether extension or termination of the

order is in the child's best interest.  If termination is in the child's best interest, the court shall terminate the order.  If extension is in the child's best interest, the court shall issue an order extending

the order for protective supervision six months. (2) If the court grants an extension of the order for protective supervision pursuant

to division (H)(1) of this section, a party may, prior to termination of the extension,

file with the court a request for an additional extension of six months or for termination

of the order.  The court and the parties shall comply with division (H)(1) of this section with

respect to extending or terminating the order. (3) If a court grants an extension pursuant to division (H)(2) of this section, the court

shall terminate the order for protective supervision at the end of the extension. (I) The court shall not issue a dispositional order pursuant to division (A) of this

section that removes a child from the child's home unless the court complies with section 2151.419 of the Revised Code and includes in the dispositional order the findings of fact required by that section. (J) If a motion or application for an order described in division (A)(6) of this section

is made, the court shall not issue the order unless, prior to the issuance of the

order, it provides to the person all of the following: (1) Notice and a copy of the motion or application; (2) The grounds for the motion or application; (3) An opportunity to present evidence and witnesses at a hearing regarding the motion

or application; (4) An opportunity to be represented by counsel at the hearing. (K) The jurisdiction of the court shall terminate one year after the date of the award

or, if the court takes any further action in the matter subsequent to the award, the

date of the latest further action subsequent to the award, if the court awards legal

custody of a child to either of the following: (1) A legal custodian who, at the time of the award of legal custody, resides in a county

of this state other than the county in which the court is located; (2) A legal custodian who resides in the county in which the court is located at the

time of the award of legal custody, but moves to a different county of this state

prior to one year after the date of the award or, if the court takes any further action

in the matter subsequent to the award, one year after the date of the latest further

action subsequent to the award. The court in the county in which the legal custodian resides then shall have jurisdiction

in the matter.