5101:2-42-94 Termination of custody of a child .

Effective Date: February 1, 2003.

Most current prior effective date: October 1, 1997.

(A)      Termination of custody of a child in substitute care placement occurs automatically when:

(1)      A court of jurisdiction terminates the custody.


(2)      A probate court issues a final decree of adoption or an interlocutory order of adoption becomes final.


(3)      An "Agreement for Temporary Custody of Child " ODHS 1645 JFS 01645 is terminated.

(B)      Each PCSA or PCPA shall determine the necessity for continuing or terminating custody of each child, whether the child's custody is by agreement or court order or whether the child's custody status is temporary or permanent. The PCSA or PCPA shall assess the need for continued custody no less frequently than every six months from date of placement or at each semiannual administrative review. Such assessment shall be documented in the semiannual administrative review summary. The PCSA or PCPA shall determine that there is no need for continued custody when the child, if returned to his own home, would not be at imminent risk and in need of protection from child abuse or neglect. In making such a determination:

(1)      The PCSA shall update the ODHS 1500 JFS 01500 , "Family Risk Assessment Model: Part I: Family Risk Assessment Matrix" pursuant to rule 5101:2-34-33 of the Administrative Code.


(2)      The PCPA may use the ODHS 1500 JFS 01500 as a guide to determine whether the child's parent, guardian, or custodian is available, able, and willing to provide protection for the child.


(3)      The PCSA and PCPA shall consider whether supportive services, can provide adequate protection for the child if he were returned to his own home under a court order of protective supervision, or PCSA or PCPA involvement is no longer deemed necessary and termination is sought.

(C)      Written documentation of all services offered to and provided to the child in preparation for custody termination shall be maintained in accordance with rule 5101:2-39-081 of the Administrative Code for PCSAs or rules 5101:2-39-10 and 5101:2-39-11 of the Administrative Code for PCPAs.


(D)      The PCSA or PCPA shall inform the CDHS healthchek coordinator when the child has been returned home and custody has been terminated.


(E)      The PCSA or PCPA shall provide the parent, guardian, custodian, prefinalized adoptive parent, or a child who is emancipating with a copy of the child's health care record prepared pursuant to rules 5101:2-48-14 or 5101:2-42-662 of the Administrative Code upon termination of the child's custody. The PCSA or PCPA shall provide the parent, guardian, custodian, prefinalized adoptive parent, or a child who is emancipating with information about the healthchek program if the child was in the healthchek program during the child's stay in substitute care.

Effective: 02/01/2003

R.C. 119.032 review dates: 10/02/2002 and 02/01/2008

Certification: CERTIFIED ELECTRONICALLY

Date: 12/16/2002

Promulgated Under: 119.03

Statutory Authority: 5103.03, 5153.16

Rule Amplifies: 5103.03, 5153.16

Prior Effective Dates: 9/28/87, 12/27/87, 1/1/89, 5/1/93, 10/1/97