Ohio § 2151.415

§ 2151.415.

(A) Except for cases in which a motion for permanent custody described in division (D)(1) of section 2151.413 of the Revised Code is required to be made, a public children services agency or private child placing

agency that has been given temporary custody of a child pursuant to section 2151.353 of the Revised Code , not later than thirty days prior to the earlier of the date for the termination

of the custody order pursuant to division (H) of section 2151.353 of the Revised Code or the date set at the dispositional hearing for the hearing to be held pursuant

to this section, shall file a motion with the court that issued the order of disposition

requesting that any of the following orders of disposition of the child be issued

by the court: (1) An order that the child be returned home and the custody of the child's parents,

guardian, or custodian without any restrictions; (2) An order for protective supervision; (3) An order that the child be placed in the legal custody of a relative or other interested

individual; (4) An order permanently terminating the parental rights of the child's parents; (5) An order that the child be placed in a planned permanent living arrangement; (6) In accordance with division (D) of this section, an order for the extension of temporary

custody. (B) Upon the filing of a motion pursuant to division (A) of this section, the court shall

hold a dispositional hearing on the date set at the dispositional hearing held pursuant

to section 2151.35 of the Revised Code , with notice to all parties to the action in accordance with the Juvenile Rules.  After the dispositional hearing or at a date after the dispositional hearing that

is not later than 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, the court, in

accordance with the best interest of the child as supported by the evidence presented

at the dispositional hearing, shall issue an order of disposition as set forth in

division (A) of this section, except that all orders for permanent custody shall be

made in accordance with sections 2151.413 and 2151.414 of the Revised Code .  In issuing an order of disposition under this section, the court shall comply with section 2151.42 of the Revised Code . (C)(1) If an agency pursuant to division (A) of this section requests the court to place

a child into a planned permanent living arrangement, the agency shall present evidence

to indicate why a planned permanent living arrangement is appropriate for the child,

including, but not limited to, evidence that the agency has tried or considered all

other possible dispositions for the child.  A court shall not place a child in a planned permanent living arrangement, unless

it 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. (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, is unwilling

to accept or unable to adapt to a permanent placement, and is in an agency program

preparing for independent living. (2) If the court issues an order placing a child in a planned permanent living arrangement,

both of the following apply: (a) The court shall issue a finding of fact setting forth the reasons for its finding; (b) The agency may make any appropriate placement for the child and shall develop a case

plan for the child that is designed to assist the child in finding a permanent home

outside of the home of the parents. (D)(1) If an agency pursuant to division (A) of this section requests the court to grant

an extension of temporary custody for a period of up to six months, the agency shall

include in the motion an explanation of the progress on the case plan of the child

and of its expectations of reunifying the child with the child's family, or placing

the child in a permanent placement, within the extension period.  The court shall schedule a hearing on the motion, give notice of its date, time,

and location to all parties and the guardian ad litem of the child, and at the hearing

consider the evidence presented by the parties and the guardian ad litem.  The court may extend the temporary custody order of the child for a period of up

to six months, if it determines at the hearing, by clear and convincing evidence,

that the extension is in the best interest of the child, there has been significant

progress on the case plan of the child, and there is reasonable cause to believe that

the child will be reunified with one of the parents or otherwise permanently placed

within the period of extension.  In determining whether to extend the temporary custody of the child pursuant to

this division, the court shall comply with section 2151.42 of the Revised Code .  If the court extends the temporary custody of the child pursuant to this division,

upon request it shall issue findings of fact. (2) Prior to the end of the extension granted pursuant to division (D)(1) of this section,

the agency that received the extension shall file a motion with the court requesting

the issuance of one of the orders of disposition set forth in divisions (A)(1) to

(5) of this section or requesting the court to extend the temporary custody order

of the child for an additional period of up to six months.  If the agency requests the issuance of an order of disposition under divisions (A)(1)

to (5) of this section or does not file any motion prior to the expiration of the

extension period, the court shall conduct a hearing in accordance with division (B)

of this section and issue an appropriate order of disposition.  In issuing an order of disposition, the court shall comply with section 2151.42 of the Revised Code . If the agency requests an additional extension of up to six months of the temporary

custody order of the child, the court shall schedule and conduct a hearing in the

manner set forth in division (D)(1) of this section.  The court may extend the temporary custody order of the child for an additional

period of up to six months if it determines at the hearing, by clear and convincing

evidence, that the additional extension is in the best interest of the child, there

has been substantial additional progress since the original extension of temporary

custody in the case plan of the child, there has been substantial additional progress

since the original extension of temporary custody toward reunifying the child with

one of the parents or otherwise permanently placing the child, and there is reasonable

cause to believe that the child will be reunified with one of the parents or otherwise

placed in a permanent setting before the expiration of the additional extension period.  In determining whether to grant an additional extension, the court shall comply

with section 2151.42 of the Revised Code .  If the court extends the temporary custody of the child for an additional period

pursuant to this division, upon request it shall issue findings of fact. (3) Prior to the end of the extension of a temporary custody order granted pursuant to

division (D)(2) of this section, the agency that received the extension shall file

a motion with the court requesting the issuance of one of the orders of disposition

set forth in divisions (A)(1) to (5) of this section.  Upon the filing of the motion by the agency or, if the agency does not file the

motion prior to the expiration of the extension period, upon its own motion, the court,

prior to the expiration of the extension period, shall conduct a hearing in accordance

with division (B) of this section and issue an appropriate order of disposition.  In issuing an order of disposition, the court shall comply with section 2151.42 of the Revised Code . (4) No court shall grant an agency more than two extensions of temporary custody pursuant

to division (D) of this section and 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 this section. (E) After the issuance of an order pursuant to division (B) of this section, the court

shall retain jurisdiction over the child until the child attains the age of eighteen

if the child does not have a developmental disability or physical impairment, the

child attains the age of twenty-one if the child has a developmental disability or

physical impairment, or the child is adopted and a final decree of adoption is issued,

unless the court's jurisdiction over the child is extended pursuant to division (F) of section 2151.353 of the Revised Code . (F) The court, on its own motion or the motion of the agency or person with legal custody

of the child, the child's guardian ad litem, or any other party to the action, may

conduct a hearing with notice to all parties to determine whether any order issued

pursuant to this section should be modified or terminated or whether any other dispositional

order set forth in divisions (A)(1) to (5) of this section should be issued.  After the hearing and consideration of all the evidence presented, the court, in

accordance with the best interest of the child, may modify or terminate any order

issued pursuant to this section or issue any dispositional order set forth in divisions

(A)(1) to (5) of this section.  In rendering a decision under this division, the court shall comply with section 2151.42 of the Revised Code . (G) If the court places a child in a planned permanent living arrangement with a public

children services agency or a private child placing agency pursuant to this section,

the agency with which the child is placed in a planned permanent living arrangement

shall not remove the child from the residential placement in which the child is originally

placed pursuant to the case plan for the child or in which the child is placed with

court approval pursuant to this division, unless the court and the guardian ad litem

are given notice of the intended removal and the court issues an order approving the

removal or unless the removal is necessary to protect the child from physical or emotional

harm and the agency gives the court notice of the removal and of the reasons why the

removal is necessary to protect the child from physical or emotional harm immediately

after the removal of the child from the prior setting. (H) If the hearing held under this section takes the place of an administrative review

that otherwise would have been held under section 2151.416 of the Revised Code , the court at the hearing held under this section shall do all of the following in

addition to any other requirements of this section: (1) Determine the continued necessity for and the appropriateness of the child's placement; (2) Determine the extent of compliance with the child's case plan; (3) Determine the extent of progress that has been made toward alleviating or mitigating

the causes necessitating the child's placement in foster care; (4) Project a likely date by which the child may be returned to the child's home or placed

for adoption or legal guardianship; (5) Approve the permanency plan for the child consistent with section 2151.417 of the Revised Code .