5101:2-39-01 Removal of a child from his or her own home.

 

 

 

5101:2-39-01               Removal of a child from his or her own home.

 

 

 

(A)   Reasonable efforts shall be made by the public children services agency (PCSA) or private child placing agency (PCPA) to provide support and services to children and families in their own homes to prevent removal.

 

(B)   If 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)   If PCSA or PCPA has determined a child cannot be maintained safely in his or her own home or through implementation of an out-of-home safety plan, the PCSA or PCPA shall pursue removal of the child from the home.

 

(D)   If removal of a child from the home is necessary, the PCSA or PCPA shall file a complaint in the juvenile court with a motion requesting removal of the child and provide advance notice to the parent, guardian, or custodian regarding the time of the court hearing.

 

(E)   If emergency removal of a child from his or her own home is necessary, the PCSA shall do one of the following, as necessary to ensure the safety of the child:

 

(1)  Petition the court for an ex parte emergency order to remove the child.

 

(2)   Request the assistance of a law enforcement officer or a duly authorized officer of the court, if exigent circumstances requiring immediate intervention exist, and time does not permit obtaining a court order.

 

(F)   If a PCSA removes a child pursuant to paragraph (D) or (E) of this rule or the PCPA removes a child pursuant to paragraph (D) of this rule the PCSA or PCSAPCPA shall:

 

(1)   Petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next working day.

 

(2)   Provide the court with documentation of the provision of reasonable efforts to prevent removal or documentation reasonable efforts are not required pursuant to paragraph (I) of this rule.

 

(3)   Request the court make a determination of one of the following:

 

(a)   Reasonable efforts to prevent removal were made through the provision of supportive services.

 

 

 

(b)   Reasonable efforts were not possible due to the urgent nature of the child's removal.

(c)   Reasonable efforts were not required pursuant to paragraph (I) of this rule.

(G)    At any hearing on the continued placement of the child, the PCSA or PCPA shall provide the court with documentation and request the court make a determination of one of the following:

(1)   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.

(2)   Reasonable efforts were made and continuation of reasonable efforts to make it possible for the child to safely return home is inconsistent with the permanency plan for the child.

(H)   The PCSA or PCPA shall provide the court with documentation and request the court make a judicial determination reasonable efforts have been made to finalize the permanency plan in accordance with rule 5101:2-47-22 of the Administrative Code.

(I)   Reasonable efforts to prevent removal or to return the child home are not required if the PCSA or PCPA finds 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, 2903.02, or 2903.03 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, 2903.12, or 2903.13 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 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, 2907.03, 2907.04, 2907.05, or 2907.06 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 (I)(1)(a) or (I)(1)(d) of this rule.

(2)   Repeatedly withheld medical treatment or food from the child if the parent has the means to provide the treatment or food. If the parent withholds 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 rejects treatment two or more times or refuses to participate in further treatment two or more times after a case plan is developed pursuant to rule 5101:2-39-10 or 5101:2-38-05 of the Administrative Code requiring treatment of the parent and is journalized as part of a dispositional order issued with respect to the child or an order is 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,  2151.414,  or

2151.415 of the Revised Code with respect to a sibling of the child.

(6)   Deserted the child pursuant to section 2151.352 of the Revised Code.

(J)    If removal of the child occurs and the parent, guardian, or custodian is present, the PCSA or PCPA shall provide the child, if age-appropriate, and the parent, guardian, or custodian with the following information verbally and in writing:

(1)   Reason for the removal.

(2)     PCSA  name,  telephone  number,  address,  and  name  of  person  to  contact regarding the case.

(3)   Visitation schedule prior to a journalized case plan.

(4)   Time and place of court hearings, when known and applicable.

(5)    If known, the name and telephone number of the employee designated by the court to provide the appointment of counsel to a parent, guardian, or custodian who cannot afford to hire an attorney.

(K)    If emergency removal of a child occurs in the absence of the parent, guardian, or custodian, the PCSA shall provide or attempt to provide the parent, guardian, or custodian with the information stated in paragraphs (J)(1) to (J)(5) of this rule within twenty-four hours. Notification shall be given verbally and in writing.

(L)     The PCSA or PCPA is not required to duplicate any written notice previously provided by a court officer or court employee.

(M)    The PCSA shall request assistance from the appropriate law enforcement agency to remove a child if any of the following conditions exist:

(1)    The parent, guardian, or custodian or child offers physical resistance to the removal.

(2)   The safety of the child or PCSA employee is jeopardized.

(N) The PCSA or PCPA shall make reasonable efforts to place siblings removed pursuant to paragraph (D) or (E) of this rule in the same foster home, kinship home, or adoptive placement unless the PCSA or PCPA has documented that joint placement would be contrary to the safety or well-being of any of the siblings.

(O)If siblings are not placed together pursuant to paragraph (N) of this rule:

(1) The PCSA shall develop a written visitation plan pursuant to rule 5101:2-38-05 of the Administrative Code.

(2) The PCPA shall develop a written visitation plan pursuant to rule 5101:2-39-10 of the Administrative Code.

(N)(P) The PCSA or PCPA shall do all of the following within thirty days after removal of a child from his or her parent, guardian or custodian:

(1)    Exercise due diligence in identifying maternal and paternal grandparents and other adult relatives of the child, including any adult relatives suggested by the child's parents.

(2)   Provide notice to maternal and paternal grandparents and other adult relatives of the child identified in accordance with paragraph (N)(P)(1) of this rule, specifying all of the following:

(a)   The child has been or is being removed from the parents' custody.

(b)   The options the relative has to participate in the care and placement of the child including any options that may be lost by failing to respond to the notice.

(c)     The requirements to become a foster family home and the additional services and supports available for children placed in a foster home.

(d)The date and method of notification shall be documented in the case record in accordance with rule 5101:2-33-23 of the Administrative Code.

(3) PCSA or PCPA shall document in the case record if any adult relative identified pursuant to paragraph (P)(1) of this rule has a history of family or domestic violence. The PCSA or PCPA is not required to send notification pursuant to paragraph (P)(2) of this rule to adult relatives with a history of family or domestic violence.

(4) The PCSA shall assess relative respondents pursuant to rule 5101:2-42-18 of the Administrative Code to determine whether or not placement is approved. Upon placement of the child with an approved relative, the PCSA is not required to assess any other relative respondent; but keep a recorded list of the identified adult relatives in the case record.

(3) Assess the maternal and paternal grandparents and other adult relatives of the child identified in accordance with paragraph (N)(1) of this rule to determine if there is a history of family or domestic violence and whether or not the relative is a suitable placement for the child.

(O)(Q) If the PCSA removes a child from the home due to abuse, neglect or dependency and the family is a participant in Ohio works first (OWF), the PCSA shall notify the

county  department  of  job  and  family  services  (CDJFS)  of  the  child's  removal according to procedures contained in the OWF county plan of cooperation.

(P)(R) At the end of each month for the first five months after the PCSA takes the child into custody, the agency shall provide the CDJFS with the following information:

(1)    Whether or not the parent, guardian, or custodian is cooperating with the case plan prepared pursuant to rule 5101:2-38-05 of the Administrative Code.

(2)   Whether or not the PCSA is making reasonable efforts to return the child to the home of the OWF assistance group.

(Q)(S) The PCSA or PCPA shall document all activities, notifications and copies of court documents required by this rule in the case record.

Effective:                                                     12/31/2010

R.C. 119.032 review dates:                         09/16/2010 and 12/01/2015

CERTIFIED ELECTRONICALLY

Certification

11/24/2010

Date

Promulgated Under:                           119.03

Statutory Authority:                           2151.412, 2151.421, 5101.02, 5103.03, 5153.16

Rule Amplifies:                                  2151.412, 2151.421, 5101.02, 5103.03, 5107.10,

5153.16

Prior Effective Dates:                         1/14/83, 1/1/87, 1/1/88, 1/1/89, 10/1/97 Emer.),

12/30/97, 3/18/99 (Emer.), 6/17/99, 7/1/00, 4/1/01,

3/1/06, 10/29/09