Ohio § 2151.413

§ 2151.413.

(A) A public children services agency or private child placing agency that, pursuant

to an order of disposition under division (A)(2) of section 2151.353 of the Revised Code or under any version of section 2151.353 of the Revised Code that existed prior to January 1, 1989, is granted temporary custody of a child who

is not abandoned or orphaned may file a motion in the court that made the disposition

of the child requesting permanent custody of the child. (B) A public children services agency or private child placing agency that, pursuant

to an order of disposition under division (A)(2) of section 2151.353 of the Revised Code or under any version of section 2151.353 of the Revised Code that existed prior to January 1, 1989, is granted temporary custody of a child who

is orphaned may file a motion in the court that made the disposition of the child

requesting permanent custody of the child whenever it can show that no relative of

the child is able to take legal custody of the child. (C) A public children services agency or private child placing agency that, pursuant

to an order of disposition under division (A)(5) of section 2151.353 of the Revised Code , places a child in a planned permanent living arrangement may file a motion in the

court that made the disposition of the child requesting permanent custody of the child. (D)(1) Except as provided in division (D)(3) of this section, if a child has been in the

temporary custody of one or more public children services agencies or private child

placing agencies for twelve or more months of a consecutive twenty-two-month period,

the agency with custody shall file a motion requesting permanent custody of the child.  If the child has been in the temporary custody of one or more public children services

agencies or private child placing agencies and the child was previously in the temporary

custody of an equivalent agency in another state, the agency with custody of the child

shall apply the time in temporary custody in the other state to the time in temporary

custody in this state and, except as provided in division (D)(3) of this section,

if the time spent in temporary custody equals twelve or more months of a consecutive

twenty-two-month period, the agency with custody may file a motion requesting permanent

custody of the child.  The motion shall be filed in the court that issued the current order of temporary

custody.  For the purposes of this division, a child shall be considered to have entered the

temporary custody of an agency on the earlier of the date the child is adjudicated

pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the removal of the child from home. (2) Except as provided in division (D)(3) of this section, if a court makes a determination

pursuant to division (A)(2) of section 2151.419 of the Revised Code , the public children services agency or private child placing agency required to

develop the permanency plan for the child under division (K) of section 2151.417 of the Revised Code shall file a motion in the court that made the determination requesting permanent

custody of the child. (3) An agency shall not file a motion for permanent custody under division (D)(1) or

(2) of this section if any of the following apply: (a) The agency documents in the case plan or permanency plan a compelling reason that

permanent custody is not in the best interest of the child. (b) If reasonable efforts to return the child to the child's home are required under section 2151.419 of the Revised Code , the agency has not provided the services required by the case plan to the parents

of the child or the child to ensure the safe return of the child to the child's home. (c) The agency has been granted permanent custody of the child. (d) The child has been returned home pursuant to court order in accordance with division (A)(3) of section 2151.419 of the Revised Code . (E) Any agency that files a motion for permanent custody under this section shall include

in the case plan of the child who is the subject of the motion, a specific plan of

the agency's actions to seek an adoptive family for the child and to prepare the child

for adoption. (F) The department of children and youth may adopt rules pursuant to Chapter 119. of

the Revised Code that set forth the time frames for case reviews and for filing a

motion requesting permanent custody under division (D)(1) of this section.