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5101:2-39-05 Reasonable
efforts.
Effective Date: October 4, 2004
Most current prior effective date: December
1, 2001.
(A) Reasonable efforts shall be made by the
PCSA or PCPA to provide support and services to children and families in their
own homes or to children and families when children are removed from their own
homes. Support and services to children and families (including preadoptive,
adoptive and extended families) are designed to:
(1) Prevent or eliminate the need for removing
children from their own homes, if applicable.
(2) Facilitate the reunification of children
safely and within a timely fashion with their families, if applicable.
(3) Assist families in creating a safe and
healthy environment for their children who have been removed and returned to
their own homes, if applicable.
(4) Facilitate the placement of children for
adoption, with a guardian, or in a planned permanent living arrangement, if
applicable.
(5) Promote the safety and well-being of
children and families.
(6) Increase the strength and stability of
families.
(7) Afford children a safe, stable and
supportive family environment and enhance the child's development.
(B) When the PCSA or PCPA makes reasonable
efforts with respect to the child as described in this rule, the child's health
and safety shall be paramount.
(C) Whenever the PCSA or PCPA requests a
reasonable efforts determination from the court, the agency shall request
written findings of fact setting forth the court's determination.
(D) Except as
provided in paragraph (C) of rule 5101:2-39-12 of the Administrative Code or
paragraph (G) of this rule, when determining the need to remove a child from the
home, the PCSA or PCPA shall provide the court with documentation and request
that the court make a determination that reasonable efforts were made to prevent
the removal of the child from his home through the provision of supportive
services and the PCSA or PCPA shall also request a judicial determination that
continuation in the home would be contrary to the welfare of the child. The PCSA
or PCPA shall make this request for a judicial determination at each hearing on
removal of the child.
When determining the need to remove a child from the home, the PCSA or PCPA
shall provide the court with documentation and request that the court make a
determination, including both of the following, at each hearing on removal of
the child:
(1) That reasonable efforts:
(a) Were made to prevent the
removal of the child from his home through the provision of supportive
services;
(b) Were not possible due to the
urgent nature of the child's removal pursuant to rule 5101:2-39-12
of the Administrative Code, or
(c) Were not required pursuant to
paragraph (G) of this rule.
(2) That continuation in the home
would be contrary to the welfare of the child.
(E) Except as provided in paragraph (F) or
(G) of this rule, at any hearing on the continued placement of the child from
the home, the PCSA or PCPA shall provide the court with documentation and
request that the court make a determination that reasonable efforts have been
made and continue to be made to make it possible for the child to safely return
home through the provision of supportive services.
(F) If the PCSA or PCPA determines that the goal
is not to return the child home and that the continuation of reasonable efforts
to eliminate continued removal of the child from the child's home is
inconsistent with the permanency plan for the child, the PCSA or PCPA shall make
reasonable efforts to place the child in a timely manner in accordance with the
permanency plan/case plan. The PCSA or PCPA shall provide the court with
documentation and request that the court make a determination that these
reasonable efforts were made. When the court makes a determination that
reasonable efforts to return the child to the child's home cannot be continued,
the PCSA or PCPA shall complete whatever steps are necessary to finalize the
permanent placement of the child.
(G) The PCSA or PCPA shall provide documentation
to the court and request that the court determine that the PCSA or PCPA is not
required to make reasonable efforts to prevent the removal of the child or to
return the child to the child's home when the PCSA or PCPA finds that the parent
from whom the child was removed has:
(1) Been convicted of or pleaded guilty to one
of the following:
(a) An offense under section 2903.01
(aggravated murder), 2903.02 (murder), or 2903.03 (voluntary manslaughter)
of the Revised Code or under an existing or former law of this state,
another state, or the United States that is substantially equivalent to an
offense described in those sections and the victim of the offense was a
sibling of the child or the victim was another child who lived in the
parent's household at the time of the offense;
(b) An offense under section 2903.11
(felonious assault), 2903.12 (aggravated assault), or 2903.13 (assault) of
the Revised Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to an offense
described in those sections and the victim of the offense is the child, a
sibling of the child, or another child who lived in the parent's household
at the time of the offense;
(c) An offense under division (B)(2) of
section 2919.22 (endangering children) of the Revised Code or under an
existing or former law of this state, any other state, or the United States
that is substantially equivalent to the offense described in that section
and the child, a sibling of the child, or another child who lived in the
parent's household at the time of the offense is the victim of the offense;
(d) An offense under section 2907.02 (rape),
2907.03 (sexual battery), 2907.04 (sexual corruption of a minor), 2907.05
(gross sexual imposition), or 2907.06 (sexual imposition) of the Revised
Code or under an existing or former law of this state, any other state, or
the United States that is substantially equivalent to an offense described
in those sections and the victim of the offense is the child, a sibling of
the child, or another child who lived in the parent's household at the time
of the offense;
(e) A conspiracy or attempt to commit, or
complicity to committing, an offense described in paragraph (G)(1)(a) or
(G)(1)(d) of this rule.
(2) Repeatedly withheld medical treatment or
food from the child when the parent has the means to provide the treatment or
food. If the parent has withheld medical treatment in order to treat the
physical or mental illness or defect of the child by spiritual means through
prayer alone, in accordance with the tenets of a recognized religious body,
the agency shall comply with the requirements of division (A)(1) of section
2151.419 of the Revised Code.
(3) Placed the child at substantial risk of
harm two or more times due to alcohol or drug abuse and has rejected treatment
two or more times or refused to participate in further treatment two or more
times after a case plan was developed pursuant to rule 5101:2-39-081
or 5101:2-39-10
of the Administrative Code requiring treatment of the parent and was
journalized as part of a dispositional order issued with respect to the child
or an order was issued by any other court requiring such treatment of the
parent.
(4) Abandoned the child.
(5) Had parental rights terminated pursuant to
section 2151.353 (disposition of abused, neglected or dependent child),
2151.414 (hearing on motion for permanent custody), or 2151.415 (motion
requesting disposition order upon expiration of temporary custody order) of
the Revised Code with respect to a sibling of the child.
(H) The PCSA or PCPA shall provide
documentation to the court and request that the court determine that the PCSA or
PCPA is not required to make reasonable efforts to return the child to the
child's home when the PCSA or PCPA finds that the parent has deserted the child
pursuant to section 2151.352 of the Revised Code.
(I) When the court makes a determination that
reasonable efforts are not required based upon PCSA or PCPA documentation of
information outlined in paragraph (G) of this rule, the agency shall, in
preparation for a court review hearing in accordance with section 2151.417 of
the Revised Code:
(1) Develop or amend the permanency plan for
the child; and
(2) File a motion to terminate parental
rights, if applicable.
(J) The PCSA or PCPA shall provide the court
with documentation and request that the court make a judicial determination that
reasonable efforts have been made to finalize the permanency plan that is in
effect:
(1) Within twelve months of the earlier of:
(a) The date the child is adjudicated
abused, neglected or dependent pursuant to section 2151.28 of the Revised
Code; or
(b) Sixty days after the child was removed
from his or her home and placed into substitute care; and
(2) At least once every twelve months
thereafter, while the child is in foster care.
(K) The PCSA or PCPA shall provide the court
with documentation and request that the court make a judicial determination
within twelve months of the date the child is considered to have entered foster
care as defined in rule 5101:2-42-95
of the Administrative Code and at least one judicial determination every twelve
months thereafter, while the child is in foster care, that reasonable efforts
have been made to finalize the permanency plan that is in effect.
(L) The PCSA or PCPA may develop a supplemental
plan for locating a permanent family placement for the child. The agency may
develop a supplemental plan concurrently with reasonable efforts to preserve and
reunify families.
(M) The PCSA or PCPA shall document all
reasonable efforts made to prevent the removal of a child from the child's home,
eliminate the continued removal of the child from the child's home, make it
possible for the child to return home safely, or place the child in a timely
manner in accordance with the permanency plan/case plan in the case record.
(N) If the reasonable efforts and contrary to
the welfare judicial determinations are not included as required in the court
orders in paragraph (D) of this rule, a transcript of the court proceedings is
the only other documentation acceptable to verify that these required
determinations have been made. Neither an affidavit or a nunc pro tunc order
will be accepted as verification documentation of these determinations.
Effective: 10/04/2004
R.C. 119.032 review dates: 06/01/2004 and 04/01/2009
Certification: CERTIFIED ELECTRONICALLY
Date: 08/30/2004
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.16
Rule Amplifies: 2151.419
Prior Effective Dates: 9-30-85 (Emer.); 12-22-85; 9-28-87 (Emer.); 12-23-87 (Emer.);
3-15-88; 1-1-90; 1-1-91; 7-1-97 (Emer.); 9-29-97; 3-18-99 (Emer.); 6-1-99;
6-13-00 (Emer.); 9-7-00; 12-1-01
FCASMTL
160
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