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Permanent custody vests the agency with all parental rights. The parents' parental rights are terminated. The agency may either request permanent custody as part of the initial disposition, or it may first obtain temporary custody or a PPLA and thereafter file a motion for permanent custody. Permanent custody will only be granted at the initial disposition if the agency can show that the child cannot be placed with a parent within a reasonable time, or should not be placed with a parent.
Complaint for Permanent Custody at Initial Disposition
Oh. Rev. Code Sec. 2151.353
Permanent custody to an agency may only be granted if the court determines in accordance with division (E) of section 2151.414 of the Revised Code that the child cannot be placed with one of the child's parents within a reasonable time or should not be placed with either parent and determines in accordance with division (D)(1) of section 2151.414 of the Revised Code that the permanent commitment is in the best interest of the child.
Motion for Permanent Custody
Oh. Rev. Code Sec. 2151.413
Motion for Permanent Custody.
Oh. Rev. Code Sec. 2151.414
Permanent custody requirements - it must be proved by clear and convincing evidence that one of the statutory factors applies and that it is in the best interests of the child that permanent custody be granted to the agency. Disability of the parent is one factor that can be considered.
Oh. Rev. Code Sec. 2151.415
Motion for order of disposition upon termination of temporary custody order must include plan for preparing child for adoption.
Oh. Rev. Code Sec. 2151.419
Court's determination as to whether agency made reasonable efforts to prevent removal or to return child safely home.
Oh. Rev. Code Sec. 2151.42
Order of permanent custody will not be modified unless it is in the best interest of the child
Ohio Rules of Court
Oh. Rule of Superintendence 48
Guardian ad Litem must give report to court on permanent custody complaint or motion.
Oh. Rules of Evidence
The Rules of Evidence apply to hearings on motions for permanent custody.
Oh. Rule of Juvenile Procedure 4
Assistance of Counsel; Guardian Ad Litem. Every party shall have the right to be represented by counsel and every child, parent, custodian, or other person in loco parentis the right to appointed counsel if indigent.