Ohio § 2151.412

§ 2151.412.

(A) Each 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: (1) The agency filed a complaint pursuant to section 2151.27 of the Revised Code alleging that the child is an abused, neglected, or dependent child; (2) The agency has temporary or permanent custody of the child; (3) The child is living at home subject to an order for protective supervision; (4) The child is in a planned permanent living arrangement. Except as provided by division (A)(2) of section 5103.153 of the Revised Code , a private child placing agency providing services to a child who is the subject

of a voluntary permanent custody surrender agreement entered into under division (B)(4) of section 5103.15 of the Revised Code is not required to prepare and maintain a case plan for that child. (B) Each public children services agency shall prepare and maintain a case plan for any

child for whom the agency is providing in-home services pursuant to an alternative

response. (C)(1) The director of children and youth shall adopt rules pursuant to Chapter 119. of

the Revised Code setting forth the content and format of case plans required by division

(A) of this section and establishing procedures for developing, implementing, and

changing the case plans.  The rules shall at a minimum comply with the requirements of Title IV-E of the “Social

Security Act,” 42 U.S.C. 670, et seq. (1980) . (2) The director of children and youth shall adopt rules pursuant to Chapter 119. of

the Revised Code requiring public children services agencies and private child placing

agencies to maintain case plans for children and their families who are receiving

services in their homes from the agencies and for whom case plans are not required

by division (A) of this section.  The rules for public children services agencies shall include the requirements for

case plans maintained for children and their families who are receiving services in

their homes from public children services agencies pursuant to an alternative response.  The agencies shall maintain case plans as required by those rules;  however, the

case plans shall not be subject to any other provision of this section except as specifically

required by the rules. (D) Each public children services agency and private child placing agency that is required

by division (A) of this section to maintain a case plan shall file the case plan with

the court prior to the child's adjudicatory hearing but no later than thirty days

after the earlier of the date on which the complaint in the case was filed or the

child was first placed into shelter care.  If the agency does not have sufficient information prior to the adjudicatory hearing

to complete any part of the case plan, the agency shall specify in the case plan the

additional information necessary to complete each part of the case plan and the steps

that will be taken to obtain that information.  All parts of the case plan shall be completed by the earlier of thirty days after

the adjudicatory hearing or the date of the dispositional hearing for the child. (E) Any agency that is required by division (A) of this section 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.  If all parties agree to the content of the case plan and the court approves it,

the court shall journalize it as part of its dispositional order.  If the agency cannot obtain an agreement upon the contents of the case plan or the

court does not approve it, the parties shall present evidence on the contents of the

case plan at the dispositional hearing.  The court, based upon the evidence presented at the dispositional hearing and the

best interest of the child, shall determine the contents of the case plan and journalize

it as part of the dispositional order for the child. (F)(1) All parties, including the parents, guardian, or custodian of the child, are bound

by the terms of the journalized case plan.  A party that fails to comply with the terms of the journalized case plan may be

held in contempt of court. (2) Any party may propose a change to a substantive part of the case plan, including,

but not limited to, the child's placement and the visitation rights of any party.  A party proposing a change to the case plan shall file the proposed change with

the court and give notice of the proposed change in writing before the end of the

day after the day of filing it to all parties and the child's guardian ad litem.  All parties and the guardian ad litem shall have seven days from the date the notice

is sent to object to and request a hearing on the proposed change. (a) If it receives a timely request for a hearing, the court shall schedule a hearing

pursuant to section 2151.417 of the Revised Code 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.  The agency may implement the proposed change after the hearing, if the court approves

it.  The agency shall not implement the proposed change unless it is approved by the

court. (b) If it does not receive a timely request for a hearing, the court may approve the

proposed change without a hearing.  If the court approves the proposed change without a hearing, it shall journalize

the case plan with the change not later than fourteen days after the change is filed

with the court.  If the court does not approve the proposed change to the case plan, it shall schedule

a hearing to be held pursuant to section 2151.417 of the Revised Code no later than thirty days after the expiration of the fourteen-day time period and

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

guardian ad litem of the child.  If, despite the requirements of division (F)(2) of this section, the court neither

approves and journalizes the proposed change nor conducts a hearing, the agency may

implement the proposed change not earlier than fifteen days after it is submitted

to the court. (3) If an agency has reasonable cause to believe that a child is suffering from illness

or injury and is not receiving proper care and that an appropriate change in the child's

case plan is necessary to prevent immediate or threatened physical or emotional harm,

to believe that a child is in immediate danger from the child's surroundings and that

an immediate change in the child's case plan is necessary to prevent immediate or

threatened physical or emotional harm to the child, or to believe that a parent, guardian,

custodian, or other member of the child's household has abused or neglected the child

and that the child is in danger of immediate or threatened physical or emotional harm

from that person unless the agency makes an appropriate change in the child's case

plan, it may implement the change without prior agreement or a court hearing and,

before the end of the next day after the change is made, give all parties, the guardian

ad litem of the child, and the court notice of the change.  Before the end of the third day after implementing the change in the case plan,

the agency shall file a statement of the change with the court and give notice of

the filing accompanied by a copy of the statement to all parties and the guardian

ad litem.  All parties and the guardian ad litem shall have ten days from the date the notice

is sent to object to and request a hearing on the change. (a) If it receives a timely request for a hearing, the court shall schedule a hearing

pursuant to section 2151.417 of the Revised Code 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.  The agency shall continue to administer the case plan with the change after the

hearing, if the court approves the change.  If the court does not approve the change, the court shall make appropriate changes

to the case plan and shall journalize the case plan. (b) If it does not receive a timely request for a hearing, the court may approve the

change without a hearing.  If the court approves the change without a hearing, it shall journalize the case

plan with the change within fourteen days after receipt of the change.  If the court does not approve the change to the case plan, it shall schedule a hearing

under section 2151.417 of the Revised Code to be held no later than thirty days after the expiration of the fourteen-day time

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

and the guardian ad litem of the child. (G)(1) All case plans for children in temporary custody shall have the following general

goals: (a) Consistent with the best interest and special needs of the child, to achieve a safe

out-of-home placement in the least restrictive, most family-like setting available

and in close proximity to the home from which the child was removed or the home in

which the child will be permanently placed; (b) To eliminate with all due speed the need for the out-of-home placement so that the

child can safely return home. (2) The director of children and youth shall adopt rules pursuant to Chapter 119. of

the Revised Code setting forth the general goals of case plans for children subject

to dispositional orders for protective supervision, a planned permanent living arrangement,

or permanent custody. (H) In the agency's development of a case plan and the court's review of the case plan,

the child's health and safety shall be the paramount concern.  The agency and the court shall be guided by the following general priorities: (1) A child who is residing with or can be placed with the child's parents within a reasonable

time should remain in their legal custody even if an order of protective supervision

is required for a reasonable period of time; (2) If both parents of the child have abandoned the child, have relinquished custody

of the child, have become incapable of supporting or caring for the child even with

reasonable assistance, or have a detrimental effect on the health, safety, and best

interest of the child, the child should be placed in the legal custody of a suitable

member of the child's extended family; (3) If a child described in division (H)(2) of this section has no suitable member of

the child's extended family to accept legal custody, the child should be placed in

the legal custody of a suitable nonrelative who shall be made a party to the proceedings

after being given legal custody of the child; (4) If the child has no suitable member of the child's extended family to accept legal

custody of the child and no suitable nonrelative is available to accept legal custody

of the child and, if the child temporarily cannot or should not be placed with the

child's parents, guardian, or custodian, the child should be placed in the temporary

custody of a public children services agency or a private child placing agency; (5) If the child cannot be placed with either of the child's parents within a reasonable

period of time or should not be placed with either, if no suitable member of the child's

extended family or suitable nonrelative is available to accept legal custody of the

child, and if the agency has a reasonable expectation of placing the child for adoption,

the child should be committed to the permanent custody of the public children services

agency or private child placing agency; (6) If the child is to be placed for adoption or foster care, the placement shall not

be delayed or denied on the basis of the child's or adoptive or foster family's race,

color, or national origin. (I) The case plan for a child in temporary custody shall include at a minimum the following

requirements if the child is or has been the victim of abuse or neglect or if the

child witnessed the commission in the child's household of abuse or neglect against

a sibling of the child, a parent of the child, or any other person in the child's

household: (1) A requirement that the child's parents, guardian, or custodian participate in mandatory

counseling; (2) A requirement that the child's parents, guardian, or custodian participate in any

supportive services that are required by or provided pursuant to the child's case

plan. (J)(1) Prior to January 1, 2023, a case plan for a child in temporary custody may include,

as a supplement, a plan for locating a permanent family placement.  The supplement shall not be considered part of the case plan for purposes of division

(E) of this section. (2) On and after January 1, 2023, a case plan for a child in temporary custody shall

include a permanency plan for the child unless it is documented that such a plan would

not be in the best interest of the child.  The permanency plan shall describe the services the agency shall provide to achieve

permanency for the child if reasonable efforts to return the child to the child's

home, or eliminate the continued removal from that home, are unsuccessful.  Those services shall be provided concurrently with reasonable efforts to return

the child home or eliminate the child's continued removal from home. (3) The director of children and youth, pursuant to Chapter 119. of the Revised Code,

shall adopt rules necessary to carry out the purposes of division (J) of this section. (K)(1) A public children services agency may request that the superintendent of the bureau

of criminal identification and investigation conduct a criminal records check with

respect to a parent, guardian, custodian, prospective custodian, or prospective placement

whose actions result in a finding after the filing of a complaint as described in

division (A)(1) of this section that a child is an abused, neglected, or dependent

child.  The public children services agency shall request that the superintendent obtain

information from the federal bureau of investigation as part of the criminal records

check. (2) At any time on or after the date that is ninety days after September 10, 2012, a

prosecuting attorney, or an assistant prosecuting attorney appointed under section 309.06 of the Revised Code , may request that the superintendent of the bureau of criminal identification and

investigation conduct a criminal records check with respect to each parent, guardian,

custodian, prospective custodian, or prospective placement whose actions resulted

in a finding after the filing of a complaint described in division (A)(1) of this

section that a child is an abused, neglected, or dependent child.  Each prosecuting attorney or assistant prosecuting attorney who makes such a request

shall request that the superintendent obtain information from the federal bureau of

investigation as part of the criminal records check for each parent, guardian, custodian,

prospective custodian, or prospective placement who is a subject of the request. (3) A public children services agency, prosecuting attorney, or assistant prosecuting

attorney that requests a criminal records check under division (K)(1) or (2) of this

section shall do both of the following: (a) Provide to each parent, guardian, custodian, prospective custodian, or prospective

placement for whom a criminal records check is requested a copy of the form prescribed

pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard fingerprint impression sheet prescribed pursuant to division (C)(2)

of that section and obtain the completed form and impression sheet from the parent,

guardian, custodian, prospective custodian, or prospective placement; (b) Forward the completed form and impression sheet to the superintendent of the bureau

of criminal identification and investigation. (4) A parent, guardian, custodian, prospective custodian, or prospective placement who

is given a form and fingerprint impression sheet under division (K)(3)(a) of this

section and who fails to complete the form or provide fingerprint impressions may

be held in contempt of court.