(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 a
JFS 01410 "Comprehensive Assessment Planning Model - I.S., Family Case Plan" (rev.
2/2006) 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 JFS 01413 "Comprehensive
Assessment Planning Model - I.S., Case Review" (rev.
8/2010) 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 a JFS 01412
"Comprehensive Assessment Planning Model - I.S., Semiannual Administrative
Review" (rev. 1/2014) 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
Certification: CERTIFIED ELECTRONICALLY
Date: 07/20/2020
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