(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 JFS 01666 "Permanent Surrender of Child" (rev. 10/2013)
when executing the agreement. The JFS 01666 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 JFS 01666, the assessor shall meet
with the parents, guardian or other persons having custodycustodian of the child to do the following:
(1)Discuss with the
parents, guardian, or persons having custodycustodian of the child other options available in lieu of
surrendering the child.
(2)Advise the parents,
guardian, or persons having custodycustodian of the child that execution of a 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 custodycustodian of the child that execution of a permanent surrender
must be approved by the juvenile court unless the 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 custodycustodian of the child of Ohio law regarding open adoption
and Ohio adoption procedures.
(5)Review, discuss
and complete the JFS 01693 "Ohio Law and Adoption Materials" (rev. 5/2009).
Only sections "I", "II", and "III" need to be completed
for a child over six months of age on the date the JFS 01666 is executed.
(C)The PCSA or PCPA
shall not execute the JFS 01666 until:
(1)All activities
outlined in paragraph (B) of this rule have occurred.
(2)The social and
medical histories and any releases of information have been obtained from the parents,
guardian or persons having custodycustodian 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 (F) of this rule, each PCSA or PCPA that executes a JFS 01666 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 rule 5101:2-38-05 of the Administrative
Code and shall submit the JFS 01693.
(2)The PCPA shall
file a case plan prepared in accordance with rules 5101:2-38-075101:2-38-06 and 5101:2-38-065101:2-38-07 of the Administrative Code and shall submit
the JFS 01693.
(E)Except as provided
in paragraph (F) of this rule, permanent custody of the child through execution
of a JFS 01666, 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 shall be submitted. The PCPA shall
also notify the court no later than two business days after the child is physically
placed for adoption.
(G)If a child has
not been placed for adoption within six months after the 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 JFS 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.
(2)Submit a case plan
prepared in accordance with rules 5101:2-38-07 5101:2-38-06 and 5101:2-38-065101:2-38-07 of the Administrative Code at the time of the
review hearing.
(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 JFS 01666 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.
(I)The PCSA or PCPA
shall follow placement requirements pursuant to rule 5101:2-48-16 of the Administrative
Code.
(J)A PCSA or PCPA
shall not attempt to collect support payments from a biological parent, or legal
guardian, for the cost of care incurred while a child is in the PCSA's or PCPA's
permanent custody.
(K)A PCSA or PCPA
shall not secure or attempt to secure the permanent surrender of a child by the
parent, guardian, or custodian through threats, intimidation, or offers of gain
or reward.
(L)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.
(2)The date, time,
place and circumstances under which the JFS 01666 was executed.
Effective: 11/1/2019
Five Year Review (FYR) Dates: 7/2/2019 and 11/01/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 09/12/2019
Promulgated Under: 119.03
Statutory Authority: 5101.03, 5153.166, 3107.083
Rule Amplifies: 3107.071, 3107.083, 5103.152, 5103.153, 5103.16
Prior Effective Dates: 12/30/1966, 01/14/1983, 06/01/1985 (Emer.),
08/12/1985, 01/01/1989, 01/01/1990, 05/01/1994, 09/18/1996, 02/13/1998 (Emer.),
05/14/1998, 08/18/2003, 12/19/2008, 05/10/2014