[§ 2151.41.3] § 2151.413. Agency may file motion requesting permanent custody.

(A)  A public children services agency or private child placing agency that, pursuant to an order of disposition under division (A)(2) of section 2151.353 [2151.35.3] of the Revised Code or under any version of section 2151.353 [2151.35.3] of the Revised Code that existed prior to January 1, 1989, is granted temporary custody of a child who is not abandoned or orphaned may file a motion in the court that made the disposition of the child requesting permanent custody of the child. 

(B)  A public children services agency or private child placing agency that, pursuant to an order of disposition under division (A)(2) of section 2151.353 [2151.35.3] of the Revised Code or under any version of section 2151.353 [2151.35.3] of the Revised Code that existed prior to January 1, 1989, is granted temporary custody of a child who is orphaned may file a motion in the court that made the disposition of the child requesting permanent custody of the child whenever it can show that no relative of the child is able to take legal custody of the child. 

(C)  A public children services agency or private child placing agency that, pursuant to an order of disposition under division (A)(5) of section 2151.353 [2151.35.3] of the Revised Code, places a child in a planned permanent living arrangement may file a motion in the court that made the disposition of the child requesting permanent custody of the child. 

(D) (1)  Except as provided in division (D)(3) of this section, if a child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two month period ending on or after March 18, 1999, the agency with custody shall file a motion requesting permanent custody of the child. The motion shall be filed in the court that issued the current order of temporary custody. For the purposes of this division, a child shall be considered to have entered the temporary custody of an agency on the earlier of the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the removal of the child from home. 

(2) Except as provided in division (D)(3) of this section, if a court makes a determination pursuant to division (A)(2) of section 2151.419 [2151.41.9] of the Revised Code, the public children services agency or private child placing agency required to develop the permanency plan for the child under division (K) of section 2151.417 [2151.41.7] of the Revised Code shall file a motion in the court that made the determination requesting permanent custody of the child. 

(3) An agency shall not file a motion for permanent custody under division (D)(1) or (2) of this section if any of the following apply: 

(a) The agency documents in the case plan or permanency plan a compelling reason that permanent custody is not in the best interest of the child. 

(b) If reasonable efforts to return the child to the child's home are required under section 2151.419 [2151.41.9] of the Revised Code, the agency has not provided the services required by the case plan to the parents of the child or the child to ensure the safe return of the child to the child's home. 

(c) The agency has been granted permanent custody of the child. 

(d) The child has been returned home pursuant to court order in accordance with division (A)(3) of section 2151.419 [2151.41.9] of the Revised Code. 

(E)  Any agency that files a motion for permanent custody under this section shall include in the case plan of the child who is the subject of the motion, a specific plan of the agency's actions to seek an adoptive family for the child and to prepare the child for adoption. 

(F)  The department of job and family services may adopt rules pursuant to Chapter 119. of the Revised Code that set forth the time frames for case reviews and for filing a motion requesting permanent custody under division (D)(1) of this section. 

HISTORY: 138 v H 695 (Eff 10-24-80); 142 v S 89 (Eff 1-1-89); 146 v H 419 (Eff 9-18-96); 147 v H 484 (Eff 3-18-99); 148 v H 176 (Eff 10-29-99); 148 v H 471. Eff 7-1-2000.