Ohio Administrative Code|Rule 5101:2-42-93 | Change of placement or visitation plan prior to journalization of case plan.

                                                
(A) When a child's placement or visitation plan has been
		  specified by a court order, or the court has ordered that no change in the
		  child's placement can occur without the court's approval, the public
		  children services agency (PCSA) or private child placing agency (PCPA) shall
		  file a motion to modify such an order and receive court approval prior to
		  effecting a change in the child's placement or visitation plan. Such
		  motion to modify may be filed and court approval obtained after the change in
		  placement or visitation plan only where there exists reasonable cause to
		  believe the child is in immediate danger of serious harm by reason of the
		  current placement or visitation plan. In such an emergency, the motion to
		  modify must be filed or court approval obtained within seven days after the
		  change in placement or visitation plan occurs.
(B) When a child's placement or visitation plan is not the
		  subject of a court order described in paragraph (A) of this rule, the PCSA or
		  PCPA shall provide written notice to the parent, guardian, or custodian and
		  guardian ad litem of the opportunity for a review to be conducted by the PCSA
		  or PCPA prior to effecting a change in the child's placement or visitation
		  plan or shall obtain advance court approval of the change pursuant to court
		  action pursuant to division (B) of section 2151.33 or division (B)(4) of
		  section 2151.35 of the Revised Code. Such notice and review may occur after the
		  change as identified in paragraph (C) of this rule. Such notice shall, at a
		  minimum, advise of:
(1) The proposed action
			 and reasons for that action.
(2) The date of the
			 proposed action, unless the parent agrees to an earlier date.
(3) The opportunity for a
			 review and the method by which such review can be requested.
(4) The time within which
			 the review must be requested.
(C) When the PCSA or PCPA determines that the child, as
		  identified in paragraph (A) or (B) of this rule, by reason of his current
		  placement or visitation, is in immediate danger of serious harm, a change in
		  the child's placement or visitation may occur. In such an emergency, the
		  agency shall notify the parent, guardian or custodian and guardian ad litem,
		  verbally of the change by the next working day and send written notice to the
		  child's parent, guardian, or custodian and guardian ad litem. The written
		  notice shall include the following:
(1) The change in
			 placement or visitation.
(2) The reasons for such
			 change.
(3) The opportunity for
			 judicial or PCSA or PCPA review, as applicable, and the method by which such
			 review can be requested.
(4) As applicable, the
			 method and the timeframe within which such review must be
			 requested.
(D) The requirements set forth in paragraph (B) of this rule do
		  not apply in the following situations:
(1) A change from an
			 emergency placement to a nonemergency placement.
(2) A change to a
			 less-restrictive placement.
(3) A determination
			 affecting visitation privileges of parents which does not reduce or
			 significantly alter the visitation privileges of the parents.
(4) A change in placement
			 or visitation plan to which the guardian ad litem and parents
			 agree.
(E) A parent, guardian, custodian or guardian ad litem must
		  request an agency review within ten days after the mailing of the notice
		  described in paragraph (B) of this rule. A PCSA or PCPA review must occur no
		  later than ten days after receipt of the request for review.
(F) The PCSA or PCPA review shall be held before a review agent.
		  The review agent shall be:
(1) A person not involved
			 in the decision to effect a change in placement or visitation unless the person
			 is the administrator or assistant administrator of the agency.
(2) A person knowledgeable in child
			 welfare services and capable of objectively reviewing the
			 decision.
(G) A parent, guardian, custodian or guardian ad litem requesting
		  the review, the PCSA or PCPA, and their respective legal counsel, if they
		  choose to be represented, shall be free to examine all documents and physical
		  evidence introduced by parties to the review, with the exception of: reports
		  made pursuant to section 2151.421 of the Revised Code and rules 5101:2-33-21
		  and 5101:2-33-70 of the Administrative Code; documents or other evidence which
		  disclose the identity of persons complaining of parental misconduct; and any
		  other confidential document or report which is protected by law. The parties to
		  the review may also present and examine witnesses.
(H) The review agent shall render a written decision stating the
		  reasons for such decision. The decision must be based upon the evidence
		  presented at the review. Copies of the decision shall be provided to all
		  parties to the agency review within fifteen days of the review.
(I) The requirements of this rule shall be satisfied if a hearing
		  concerning the issues of change in placement or visitation has been conducted
		  by a court of jurisdiction.
(J) All documentation required by this rule shall be maintained
		  by the agency in the child's case record.


Last updated December 8, 2021 at 3:20 PM