This letter transmits the Ohio Administrative Code (OAC) rule governing termination of parental rights which has been amended. The following is a brief explanation of the proposed change. This rule will be effective March 15, 2009.

OAC 5101:2-42-95 entitled Obtaining permanent custody: termination of parental rights sets forth the requirements of a public children service agency (PCSA) or private child placing agency (PCPA) for pursuing permanent custody and terminating parental rights. This rule has been amended to comply with the Supreme Court's decision that this rule states a temporal requirement that is not in ORC 2151.413(E). The phrase "At the time a motion is filed with the court to obtain permanent custody of the child" was removed from paragraph (D).