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5101:2-42-09 Acceptance
of permanent custody by permanent surrender.
Effective Date: August 18, 2003.
Most current prior effective date: 5-14-98
(A) The parents, guardian, or other persons
having custody of a child may enter into an agreement with a public children
services agency (PCSA) or private child placing agency (PCPA)
to voluntarily surrender a child into the permanent custody of an agency when
there is mutual agreement that a permanent surrender would be in the best
interests of the child. The PCSA or PCPA shall use the ODHS
1666JFS 01666 "Permanent Surrender of Child"
when executing the agreement. The ODHS 1666JFS
01666 "Permanent Surrender of
Child" shall not be executed until at least seventy-two
hours after the birth of the child has elapsed.
(B) At least seventy-two hours prior to the PCSA
or PCPA execution of the ODHS 1666JFS
01666, the assessor shall meet with the parents, guardian or other persons
having custody of the child to engage in the following activities:
(1) Discuss with the parents, guardian, or
persons having custody of the child other options available to them in lieu of
surrendering a child.
(2) Advise the parents, guardian, or persons
having custody of the child that execution of a
permanent surrender agreement JFS 01666 will sever all
parental rights to the child and will terminate all residual parental rights,
privileges and responsibilities as defined in section 2151.011 of the Revised
Code.
(3) Advise the parents, guardian or persons
having custody of the child that execution of a permanent surrender must be
approved by the juvenile court unless the agreement
JFS 01666 is executed by a PCPA solely for the purpose
of obtaining an adoption of a child who is less than six months of age on the
date that the agreement is executed.
(4) Advise the parents, guardian or persons
having custody of the child of Ohio law regarding open adoption and Ohio
adoption procedures.
(5) Review, discuss and complete the ODHS
1693JFS 01693 "Ohio Law and Adoption
Materials". Only sections "I", "II", and
"III" need to be completed for a child over six months of age on the
date that the JFS 01666 is executed.
(C) The PCSA or PCPA shall not execute the ODHS
1666JFS 01666 "Permanent
Surrender of Child" until:
(1) All activities outlined in paragraph (B)
of this rule have occurred; and
(2) The social and medical histories and any
releases of information have been obtained from the parents, guardian or
persons having custody of the child in accordance with the requirements
contained in rule 5101:2-48-03 of the Administrative Code.
(D) Except as provided in paragraph (D)(4)(F)
of this rule, each PCSA or PCPA which executes an
ODHS 1666JFS 01666 "Permanent
Surrender of Child" shall seek approval of the permanent
surrender by the juvenile court of the county in which the child has a residence
or legal settlement. At the time the PCSA or PCPA files its request for approval
of the permanent surrender with the court:
(1) The PCSA shall file a case plan prepared
in accordance with rules 5101:2-39-081 and 5101:2-39-09 of the Administrative
Code, or;.
The PCPA shall file a case plan prepared in accordance with rules
5101:2-39-10 and 5101:2-39-11 of the Administrative Code.
(2)
The PCPA shall file a case plan prepared
in accordance with rules 5101:2-39-10 and 5101:2-39-11 of the Administrative
Code.
(3)(2)
The PCSA or PCPA shall submit the ODHS
1693JFS 01693, "Ohio Law and Adoption
Materials." Only sections "I", "II", and
"III" need to be completed for a child who is over six months of age
on the date that the JFS 01666 is executed.
(4)
When a PCPA executes an ODHS 1666,
"Permanent Surrender of Child" involving a child under six months of
age where the agreement is executed solely for obtaining the adoption of the
child and the parent(s) consent to the permanent surrender, approval by the
juvenile court is not required. The PCPA shall notify the court no later than
two business days after entering into the agreement that the ODHS 1666,
"Permanent Surrender of Child" has been executed. At the time the
PCPA notifies the court that an agreement has been executed, the ODHS 1693
must be submitted. The PCPA shall also notify the court no later than two
business days after the child is placed for adoption.
(E) Except as provided in paragraph (D)(4)
(F)of this rule, permanent custody of the child through
execution of an ODHS
1666 a JFS 01666, "Permanent
Surrender of Child" is not established until the juvenile
court approves the permanent surrender.
(F) When a PCPA executes a JFS 01666
involving a child under six months of age where the agreement is executed solely
for obtaining the adoption of the child and the parents(s) consent to the
permanent surrender, approval by the Juvenile court is not required. The PCPA
shall notify the court no later than two business days after entering into the
agreement that the JFS 01666 has been executed. At the time the PCPA notifies
the court that an agreement has been executed, the JFS 01693 must be submitted.
The PCPA shall also notify the court no later than two business days after the
child is physically placed for adoption.
(F)(G)
If a child has not been placed for adoption within six months after the
ODHS 1666, "Permanent Surrender of Child" JFS 01666
is executed without juvenile court approval for any child in the custody of
a PCPA who was under the age of six months at the time a permanent
surrenderJFS 01666 was executed, the PCPA shall:
(1) Request the juvenile court with continuing
jurisdiction hold a review hearing as outlined in section 2151.417 of the
Revised Code; and
(2) Submit a case plan prepared in accordance
with rules 5101:2-39-10 and 5101:2-39-11 of the Administrative Code at the
time of the review hearing.
(G)(H)
If a final decree of adoption or an interlocutory order of adoption is not
issued or does not become final within seven months after the
ODHS 1666JFS 01666, "Permanent
Surrender of Child" has been approved by the juvenile
court, the PCSA or PCPA shall request the juvenile court with continuing
jurisdiction hold a review hearing as outlined in section 2151.417 of the
Revised Code.
(H)(I)
No PCSA or PCPA shall attempt to collect support payments from a parent,
biological or legal, for the cost of care incurred while a child is in the
PCSA's or PCPA's permanent custody.
(I)(J)
No PCSA or PCPA shall secure or attempt to secure the permanent surrender
of a child by his parent, guardian, or custodian through threats, intimidation,
or offers of gain or reward.
(J)(K)
The PCSA or PCPA shall document in the child's case record:
(1) The date, time, place and circumstances
under which the activities listed in paragraph (B) of this rule occurred; and
(2) The date, time, place and circumstances
under which the JFS 01666 permanent
surrender was executed.
Effective: 08/18/2003
R.C. 119.032 review dates: 04/17/2003 and 08/18/2008
Certification
Date 07/10/2003
Promulgated Under: 119.03
Statutory Authority: 5101.03, 5103.15, 5103.16, 3107.083
Rule Amplifies: 3107.071, 3107.083, 5101.03, 5103.15, 5103.152, 5103.153,
5103.16
Prior Effective Dates: 12/30/66, 1/14/83, 6/1/85(Emer.), 8/12/85, 1/1/89,
1/1/90, 5/1/94, 9/18/96, 2/13/98(Emer.), 5/4/98
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