5101:2-38-02. Protective supervision by PCSAs

(A) If a public children services agency (PCSA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person, as needed. Reasonable restrictions include, but are not limited to:

(1) Ordering a parent, guardian, or custodian, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time.

(2) Ordering a parent, guardian, or custodian to prevent a particular person from contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(B) For each child under an order of protective supervision:

(1) The PCSA shall prepare and maintain the "Comprehensive Assessment Planning Model - I.S., Family Case Plan" pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(2) The PCSA shall make available appropriate supportive services to the child and the parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent. The PCSA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCSA shall complete the "Comprehensive Assessment Planning Model - I.S., Case Review" pursuant to rule 5101:2-38-09 of the Administrative Code for any case involving an order of protective supervision.

(4) The PCSA shall complete the "Comprehensive Assessment Planning Model - I.S., Semiannual Administrative Review" pursuant to rule 5101:2-38-10 of the Administrative Code for any case where there is involving an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCSA shall file a written request with the court to either terminate, or extend for six months, the order of protective supervision.

(D) The PCSA shall provide written notice of the proposed extension or termination to all parties of the case plan and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) If the PCSA requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time the request is filed with the court.

(F) The PCSA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(G) If the court grants an extension of the order for protective supervision the PCSA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Effective: 8/1/2020
Five Year Review (FYR) Dates: 4/21/2020 and 08/01/2025
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5103.03
Rule Amplifies: 2151.412, 2151.421, 5103.03
Prior Effective Dates: 01/14/1983, 03/20/1983, 03/21/1983, 11/01/1985 (Emer.), 01/01/1986, 01/29/1986 (Emer.), 01/31/1986, 04/01/1986 (Emer.), 01/01/1987, 03/20/1987, 09/28/1987 (Emer.), 12/23/1987 (Emer.), 03/15/1988, 07/01/1988 (Emer.), 09/01/1988, 01/01/1989, 10/01/1990, 07/01/1992, 09/01/1993, 06/01/1997, 03/18/1999 (Emer.), 06/17/1999, 04/01/2001, 12/01/2001, 01/01/2002, 09/19/2005, 03/01/2006, 10/01/2009, 05/30/2014