(A)If a private
child placing agency (PCPA) files a complaint with the court requesting an
order of protective supervision, the agency shall also request the court to
impose reasonable restrictions on the child and the child's parent, guardian,
or custodian, or any other person as needed. Reasonable restrictions may
include, but not be 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 having
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 PCPA shall
prepare and maintain a case plan pursuant to rule 5101:2-38-07 of the
Administrative Code.
(2)The PCPA shall
make available appropriate supportive services to the child, parent, guardian,
or custodian, or, if applicable, pre-finalized adoptive parent. The PCPA shall
comply with rule 5101:2-40-02 of the Administrative Code if providing
supportive services.
(3)The PCPA shall
review the progress in achieving the case plan objective and services by
completing case reviews pursuant to rule 5101:2-38-09 of the Administrative
Code. The PCPA shall document the case review on the JFS 01416 "Semiannual
Administrative Review for Private Child Placing Agencies" (rev. 1/2014) in lieu of the JFS
01413 "Comprehensive Assessment Planning Model - I.S. Case
Review" (rev. 8/2010).
(4)The PCPA shall
complete a semiannual administrative review pursuant to rule 5101:2-38-10 of
the Administrative Code for any case if there is 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 PCPA shall file a written request with
the court to either terminate, or extend for six months the order of protective
supervision. If the PCPA 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.
(D)The PCPA shall
provide written notice of the proposed extension, or termination, to all
parties of the case plan, parent, guardian, custodian, and the child's guardian
ad litem no later than the close of business of the day after the day of
filing.
(E)The PCPA 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.
(F)If the court
grants an extension of the order for protective supervision, the PCPA 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: 2151.33, 2151.353, 5103.03, 5153.16
Rule Amplifies: 2151.33, 2151.353, 5103.03, 5153.16
Prior Effective Dates: 01/01/1989, 06/01/1997, 01/01/2002,
04/17/2006, 10/01/2009, 05/30/2014