Ohio Administrative Code|Rule 5101:2-42-08 | Acceptance of temporary custody by agreement and court-approved extensions.

                                                
(A)  Agreement for temporary custody or
		  an extension of the agreement may be accepted by a public children services
		  agency (PCSA) or private child placing agency (PCPA) only by proper execution
		  of the JFS 01645 "Agreement for Temporary Custody of Child" (rev.
		  4/2006) and compliance with the conditions stated therein.
(B) For the purpose of this rule, the
		  PCSA or PCPA shall execute the JFS 01645 in the county in which the parent,
		  guardian or custodian has residence or legal settlement.
(C) Temporary custody by agreement shall
		  be accepted only from a child's parent, guardian, or
		  custodian.
(D) The JFS 01645 shall not be executed
		  until the PCSA or PCPA has completed all of the following:
(1) Evaluated the reason
			 for the transfer of temporary custody.
(2) Explored all
			 reasonable less drastic alternatives for the care of the child by
			 his:
(a) Parent
(b) Non-custodial parent
(c) Guardian
(d) Custodian
(e) Relative, or
(f) Other interested nonrelative
(3) Determined that
			 appropriate placement resources are available for the child.
(4) Reviewed the JFS
			 01645 with the parent, guardian, or custodian.
(E)  When the child is less than six
		  months of age on the date of the execution of the JFS 01645 and the purpose is
		  adoption, the agreement for temporary custody shall be for a specified period
		  of not more than sixty days. If the PCSA or PCPA determines temporary custody
		  should continue beyond sixty days and the child's parent, guardian, or
		  custodian concurs, the PCSA or PCPA shall file a request with the juvenile
		  court of the county in which the parent, guardian or custodian has residence or
		  legal settlement for a thirty-day extension of such agreement for temporary
		  custody.
(F) When the agreement for temporary
		  custody is not for the purpose of adoption, the agreement for temporary custody
		  shall be for a specified period of not more than thirty days.
(1) If the PCSA or PCPA
			 determines temporary custody beyond thirty days is appropriate, and the
			 child's parent, guardian, or custodian concur, the PCSA or PCPA shall file
			 a request with the juvenile court for an original thirty-day extension of the
			 agreement for temporary custody.
(2) If the PCSA or PCPA
			 determines temporary custody beyond the original thirty-day extension approved
			 by the juvenile court is appropriate, and the child's parent, guardian, or
			 custodian concur, the PCSA or PCPA shall seek approval from the juvenile court
			 which granted approval of the original thirty-day extension for an additional
			 thirty-day extension of the agreement.
(G) When requesting juvenile court
		  approval for a thirty-day original extension or an additional thirty-day
		  extension of an agreement, the PCSA or PCPA shall:
(1) File the request in
			 sufficient advance of the expiration date of the agreement, as directed by the
			 court, to allow the court to determine whether the extension is in the best
			 interest of the child; and
(2) If the request is for
			 an original extension, file a copy of the case plan prepared in accordance with
			 rule 5101:2-38-05 of the Administrative Code for PCSAs, and rules 5101:2-38-06
			 and 5101:2-38-07 of the Administrative Code for PCPAs; or
(3) If the request is for
			 an additional extension, file a copy of the amended case plan prepared in
			 accordance with rule 5101:2-38-05 of the Administrative Code for PCSAs, and
			 rules 5101:2-38-06 and 5101:2-38-07 of the Administrative Code for
			 PCPAs.
(4) Document in the case
			 record the reasons why an original or additional extension is necessary and
			 efforts to be made during the extension period to fulfill the case
			 plan.
(H) If the PCSA or PCPA does not request
		  an original thirty-day extension or an additional thirty-day extension, the
		  PCSA or PCPA shall:
(1) Return the child to
			 his parent, guardian, or custodian; or
(2) File a complaint with
			 the juvenile court pursuant to section 2151.27 of the Revised Code requesting
			 temporary or permanent custody.
(I) When filing a complaint with the juvenile court, the
		  complaint must be accompanied by a case plan prepared in accordance with rule
		  5101:2-38-05 of the Administrative Code for PCSAs, and rules 5101:2-38-06 and
		  5101:2-38-07 of the Administrative Code for PCPAs.
(J) If the PCSA or PCPA is denied an
		  extension, it shall return the child unless it has obtained a court order
		  authorizing it not to do so. Upon being denied an extension, the PCSA or PCPA
		  may file a complaint and seek an emergency order permitting the PCSA or PCPA to
		  retain custody pursuant to section 2151.33 of the Revised Code.