Volume 1 Number 2 A Publication of Mahoning County Children Services October 2009

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Rules... Rules... Rules...

Removal of a child from his or her own home.
ORC 5101:2-39-01

(A) Reasonable efforts shall be made by the public children services agency (PCSA) to provide support and services to children and their families in their own homes to prevent removal.

(B) If the PCSA makes reasonable efforts with respect to the child as described in this rule, the child’s health and safety shall be paramount.

(C) If the PCSA has determined a child cannot be maintained safely in his or her own home or through the implementation of an out-of-home safety plan, the PCSA shall pursue removal of the child from the home.

(D) If removal of a child from the home is necessary, the PCA shall file a complaint in the juvenile court with a motion requesting removal of the child and provide advance notice to the parent, guardian, or custodian regarding the time of the court hearing.

(E) If emergency removal of a child from his or her home is necessary, the PCSA shall do one of the following, as necessary to ensure the safety of the child:
(1) Petition the court for an ex parte emergency order to remove the child.
(2) Request the assistance of a law enforcement officer, if exigent circumstances requiring immediate intervention exist, and time does not permit obtaining a court order.
(F) If a PCSA removes a child pursuant to paragraphs (D) or (E) of this rule, the PCSA shall:
(1) Petition the court for an order authorizing the continued placement of the child within twenty-four hours or the next working day.
(2) Provided the court with documentation of the provision of reasonable efforts to prevent removal
(3) Request the court make a determination of one of the following:
(a) Reasonable efforts to prevent removal were made through the provision of supportive services.
(b) Reasonable efforts were not possible due to the urgent nature of the child’s removal.
...
(M) The PCSA shall request assistance from the appropriate law enforcement agency to remove a child if any of the following conditions exist:
(1) The parent, guardian, or custodian or child offers physical resistance to the removal.
(2) The safety of the child or PCSA employee is jeopardized.
(N) The PCSA shall do all of the following within 30 days after removal of a child from his or her parent, guardian or custodian:
(1) Exercise due diligence in identifying maternal and paternal grandparents and other adult relatives of the child suggested by the parents.
(2) Provide notice to maternal and paternal grandparents and other adult relatives of the child suggested by the parents identified in accordance with paragraph (N)(1) of this rule specifying all of the following:
(a) The child has been removed from the parent’s custody
(b) The options the relative has to participate in the care and placement of the child including any options that may be lost by failing to respond to the notice.
(c) The requirements to become a foster family home and the additional services and supports available for children placed in a foster home.
(3) Assess the maternal and paternal grandparents and other adult relatives identified in accordance with paragraph (N)(1) of this rule to determine if there is a history of domestic violence and whether or not the relative is a suitable placement for the child.

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