Ohio § 5103.15

§ 5103.15.

(A)(1) The parents, guardian, or other persons having the custody of a child may enter into

an agreement with any public children services agency or private child placing agency,

whereby the child is placed without the approval of the juvenile court in the temporary

custody of the agency for a period of time of up to thirty days, except that an agreement

for temporary custody can be for a period of time of up to sixty days without court

approval if the agreement is executed solely for the purpose of obtaining the adoption

of a child who is less than six months of age on the date of the execution of the

agreement. (2) Except as provided in division (A)(3) of this section for agreements entered into

to obtain the adoption of a child under the age of six months, any public children

services agency or private child placing agency that obtains, without court approval,

temporary custody of a child pursuant to an agreement executed in accordance with

this division may request the juvenile court of the county in which the child has

a residence or legal settlement for an original thirty-day extension of the temporary

custody agreement.  Upon the filing of a request for the extension of the temporary custody agreement,

the juvenile court shall determine whether the extension is in the best interest of

the child and may extend the temporary custody agreement for a period of thirty days

beyond the initial thirty-day period for which court approval is not required by this

division.  The agency requesting the original extension shall file a case plan, prepared pursuant

to section 2151.412 of the Revised Code , with the court at the same time that it files its request for an extension. At the expiration of the original thirty-day extension period, the agency may request

the juvenile court to grant an additional thirty-day extension of the temporary custody

agreement.  Upon the filing of the request for the additional extension, the juvenile court

may extend the temporary custody agreement for a period of thirty days beyond the

original thirty-day extension period if it determines that the additional extension

is in the best interest of the child.  The agency shall file an updated version of the child's case plan at the same time

that it files its request for an additional extension. At the expiration of an additional thirty-day extension period and at the expiration

of the original thirty-day extension period if the agency does not request an additional

thirty-day extension, the agency shall either return the child to the child's parents,

guardian, or other person having custody of the child or file a complaint with the

court pursuant to section 2151.27 of the Revised Code requesting temporary or permanent custody of the child.  The complaint shall be accompanied by a case plan prepared in accordance with section 2151.412 of the Revised Code . (3) Any public children services agency or private child placing agency that obtains,

without court approval and solely for the purpose of obtaining the adoption of the

child, temporary custody of a child who is under the age of six months pursuant to

an agreement executed in accordance with this division may request the juvenile court

in the county in which the child has a residence or legal settlement to grant a thirty

day extension of the temporary custody agreement.  Upon the filing of the request, the court shall determine whether the extension

is in the best interest of the child and may extend the temporary custody agreement

for a period of thirty days beyond the sixty day period for which the court approval

is not required by this division.  The agency requesting the extension shall file a case plan, prepared pursuant to section 2151.412 of the Revised Code , with the court at the same time that it files its request for an extension. At the expiration of the thirty day extension, the agency shall either return the

child to the parents, guardian, or other person having custody of the child or file

a complaint with the court pursuant to section 2151.27 of the Revised Code requesting temporary or permanent custody of the child.  The complaint shall be accompanied by a case plan prepared in accordance with section 2151.412 of the Revised Code . (B)(1) Subject to juvenile court approval, the following may enter into an agreement with

a public children services agency or private child placing agency surrendering the

child into the permanent custody of that agency: (a) The parents, guardian, or other persons having custody of the child; (b) The parents of a child who is in the temporary custody of a public children services

agency or private child placing agency. (2) An agency that enters into an agreement under division (B)(1) of this section may

take and care for the child or place the child in a family home. (3) A private child placing agency or public children services agency that seeks permanent

custody of a child pursuant to division (B)(1) of this section shall file a request

with the juvenile court of the county in which the child has a residence or legal

settlement for approval of the agency's permanent surrender agreement with the parents,

guardian, or other persons having custody of the child.  Not later than fourteen business days after the request is filed, the juvenile court

shall determine whether the permanent surrender agreement is in the best interest

of the child.  The court may approve the permanent surrender agreement if it determines that the

agreement is in the best interest of the child and, in the case of an agreement between

a parent and an agency, the requirements of section 5103.151 of the Revised Code are met.  The agency requesting the approval of the permanent surrender agreement shall file

with the court an original or amended case plan, prepared pursuant to section 2151.412 of the Revised Code , at the same time that it files its request for the approval of the permanent surrender

agreement. (4) Notwithstanding division (B)(1) of this section, the parents of a child less than

six months of age may enter into an agreement with a private child placing agency

surrendering the child into the permanent custody of the agency without juvenile court

approval if the agreement is executed solely for the purpose of obtaining the adoption

of the child.  The agency shall, not later than two business days after entering into the agreement,

notify the juvenile court.  The agency also shall notify the court not later than two business days after the

agency places the child for adoption.  The court shall journalize the notices it receives under division (B)(4) of this

section. (C) The agreements provided for in this section shall be in writing, on forms prescribed

and furnished by the department of children and youth, and may contain any proper

and legal stipulations for proper care of the child, and may authorize the public

children services agency or private child placing agency when such agreements are

for permanent care and custody to appear in any proceeding for the legal adoption

of the child, and consent to the child's adoption, as provided in section 3107.06 of the Revised Code .  If an agreement for permanent care and custody of a child is executed, social and

medical histories shall be completed in relation to the child in accordance with section 3107.09 of the Revised Code .  The adoption order of the probate court judge made upon the consent shall be binding

upon the child and the child's parents, guardian, or other person, as if those persons

were personally in court and consented to the order, whether made party to the proceeding

or not. (D) An agreement entered into under this section by a parent under age eighteen is as

valid as an agreement entered into by a parent age eighteen or older.