LibGuides: Child Welfare Law in Ohio: Permanent Custody/ Termination of Parental Rights

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.
Oh. Rev. Code Sec. 2151.353
Orders of disposition of abused, neglected or dependent child. Effective 1/1/25

Oh. Rev. Code Sec. 2151.413
Motion for Permanent Custody.
Oh. Rev. Code Sec. 2151.413
Motion requesting permanent custody. Effective 1/1/25
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. Factors include "chronic mental illness, chronic emotional illness, intellectual disability, physical disability, or chemical dependency of the parent that is so severe that it makes the parent unable to provide an adequate permanent home for the child".
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

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.