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As Passed by the House
136th
General Assembly
Regular
Session
Sub. H. B. No. 532
2025-2026
Representative Miller, K.
Cosponsors: Representatives Abrams,
Bird, Brennan, Daniels, Ghanbari, Grim, Hall, D., Johnson, Mathews,
A., McNally, Miller, J., Odioso, Oelslager, Richardson, Robb Blasdel,
Rogers, Sigrist, Thomas, C., Williams, Young
To
amend sections 2151.27, 2151.31, 2151.419, 2152.72, 3109.58, and
3109.68 of the Revised Code
to
require a public children services agency to take immediate custody
of specified children who cannot be released to a parent, guardian,
or custodian.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 2151.27, 2151.31, 2151.419, 2152.72, 3109.58, and 3109.68 of
the Revised Code be amended to read as follows:
Sec.
2151.27.
(A)(1)
Subject to division (A)(2) of this section, any person having
knowledge of a child who appears to have violated section 2151.87 of
the Revised Code or to be a juvenile traffic offender or to be an
unruly, abused, neglected, or dependent child may file a sworn
complaint with respect to that child in the juvenile court of the
county in which the child has a residence or legal settlement or in
which the violation, unruliness, abuse, neglect, or dependency
allegedly occurred. If an alleged abused, neglected, or dependent
child is taken into custody pursuant to division
(D)
(E)
of section 2151.31 of the Revised Code or is taken into custody
pursuant to division (A) of section 2151.31 of the Revised Code
without the filing of a complaint and placed into shelter care
pursuant to division (C) of that section, a sworn complaint shall be
filed with respect to the child before the end of the next day after
the day on which the child was taken into custody. The sworn
complaint may be upon information and belief, and, in addition to the
allegation that the child committed the violation or is an unruly,
abused, neglected, or dependent child, the complaint shall allege the
particular facts upon which the allegation that the child committed
the violation or is an unruly, abused, neglected, or dependent child
is based.
(2)
Any person having knowledge of a child who appears to be an unruly
child for being an habitual truant may file a sworn complaint with
respect to that child and the parent, guardian, or other person
having care of the child in the juvenile court of the county in which
the child has a residence or legal settlement or in which the child
is supposed to attend public school. The sworn complaint may be upon
information and belief and shall contain the following allegations:
(a)
That the child is an unruly child for being an habitual truant and,
in addition, the particular facts upon which that allegation is
based;
(b)
That the parent, guardian, or other person having care of the child
has failed to cause the child's attendance at school in violation of
section 3321.38 of the Revised Code and, in addition, the particular
facts upon which that allegation is based.
(B)
If a child, before arriving at the age of eighteen years, allegedly
commits an act for which the child may be adjudicated an unruly child
and if the specific complaint alleging the act is not filed or a
hearing on that specific complaint is not held until after the child
arrives at the age of eighteen years, the court has jurisdiction to
hear and dispose of the complaint as if the complaint were filed and
the hearing held before the child arrived at the age of eighteen
years.
(C)
If the complainant in a case in which a child is alleged to be an
abused, neglected, or dependent child desires permanent custody of
the child or children, temporary custody of the child or children,
whether as the preferred or an alternative disposition, or the
placement of the child in a planned permanent living arrangement, the
complaint shall contain a prayer specifically requesting permanent
custody, temporary custody, or the placement of the child in a
planned permanent living arrangement.
(D)
Any person with standing under applicable law may file a complaint
for the determination of any other matter over which the juvenile
court is given jurisdiction by section 2151.23 of the Revised Code.
The complaint shall be filed in the county in which the child who is
the subject of the complaint is found or was last known to be found.
(E)
A public children services agency, acting pursuant to a complaint or
an action on a complaint filed under this section, is not subject to
the requirements of section 3127.23 of the Revised Code.
(F)
Upon the filing of a complaint alleging that a child is an unruly
child, the court may hold the complaint in abeyance pending the
child's successful completion of actions that constitute a method to
divert the child from the juvenile court system. The method may be
adopted by a county pursuant to divisions (D) and (E) of section
121.37 of the Revised Code or it may be another method that the court
considers satisfactory. If the child completes the actions to the
court's satisfaction, the court may dismiss the complaint. If the
child fails to complete the actions to the court's satisfaction, the
court may consider the complaint.
(G)
Upon the filing of a complaint that a child is an unruly child that
is based solely on a child being an habitual truant, the court shall
consider an alternative to adjudication, including actions that
constitute a method to divert the child from the juvenile court
system, using the Rules of Juvenile Procedure, or by any other means
if such an alternative is available to the court and the child has
not already participated or failed to complete one of the available
alternatives. The court shall consider the complaint only as a matter
of last resort.
(H)
If a complaint that a child is an unruly child based on the child
being an habitual truant proceeds to consideration by the court, the
prosecution shall bear the burden of proving beyond a reasonable
doubt the following:
(1)
That the child is of compulsory school age, as defined in section
3321.01 of the Revised Code;
(2)
That the child was absent without legitimate excuse for absence from
the public school the child was supposed to attend for thirty or more
consecutive hours, forty-two or more hours in one school month, or
seventy-two or more hours in a school year.
The
child may assert as an affirmative defense the fact that the child
did participate in, or made satisfactory progress on, any
interventions or other alternatives to adjudication as described in
section 3321.191 of the Revised Code.
Sec.
2151.31.
(A)
A child may be taken into custody in any of the following ways:
(1)
Pursuant to an order of the court under this chapter or pursuant to
an order of the court upon a motion filed pursuant to division (B) of
section 2930.05 of the Revised Code;
(2)
Pursuant to the laws of arrest;
(3)
By a law enforcement officer or duly authorized officer of the court
when any of the following conditions are present:
(a)
There are reasonable grounds to believe that the child is suffering
from illness or injury and is not receiving proper care, as described
in section 2151.03 of the Revised Code, and the child's removal is
necessary to prevent immediate or threatened physical or emotional
harm;
(b)
There are reasonable grounds to believe that the child is in
immediate danger from the child's surroundings and that the child's
removal is necessary to prevent immediate or threatened physical or
emotional harm;
(c)
There are reasonable grounds to believe that a parent, guardian,
custodian, or other household member of the child's household has
abused or neglected another child in the household and to believe
that the child is in danger of immediate or threatened physical or
emotional harm from that person.
(4)
By an enforcement official, as defined in section 4109.01 of the
Revised Code, under the circumstances set forth in section 4109.08 of
the Revised Code;
(5)
By a law enforcement officer or duly authorized officer of the court
when there are reasonable grounds to believe that the child has run
away from the child's parents, guardian, or other custodian;
(6)
By a law enforcement officer or duly authorized officer of the court
when any of the following apply:
(a)
There are reasonable grounds to believe that the conduct, conditions,
or surroundings of the child are endangering the health, welfare, or
safety of the child.
(b)
A complaint has been filed with respect to the child under section
2151.27 or 2152.021 of the Revised Code or the child has been
indicted under division (A) of section 2152.13 of the Revised Code or
charged by information as described in that section and there are
reasonable grounds to believe that the child may abscond or be
removed from the jurisdiction of the court.
(c)
The child is required to appear in court and there are reasonable
grounds to believe that the child will not be brought before the
court when required.
(d)
There are reasonable grounds to believe that the child committed a
delinquent act and that taking the child into custody is necessary to
protect the public interest and safety.
(B)(1)
The taking of a child into custody is not and shall not be deemed an
arrest except for the purpose of determining its validity under the
constitution of this state or of the United States.
(2)
Except as provided in division (C) of section 2151.311 of the Revised
Code, a child taken into custody shall not be held in any state
correctional institution, county, multicounty, or municipal jail or
workhouse, or any other place where any adult convicted of crime,
under arrest, or charged with crime is held.
(C)(1)
Except as provided in division (C)(2) of this section, a child taken
into custody shall not be confined in a place of juvenile detention
or placed in shelter care prior to the implementation of the court's
final order of disposition, unless detention or shelter care is
required to protect the child from immediate or threatened physical
or emotional harm, because the child is a danger or threat to one or
more other persons and is charged with violating a section of the
Revised Code that may be violated by an adult, because the child may
abscond or be removed from the jurisdiction of the court, because the
child has no parents, guardian, or custodian or other person able to
provide supervision and care for the child and return the child to
the court when required, or because an order for placement of the
child in detention or shelter care has been made by the court
pursuant to this chapter.
(2)
A child alleged to be a delinquent child who is taken into custody
may be confined in a place of juvenile detention prior to the
implementation of the court's final order of disposition if the
confinement is authorized under section 2152.04 of the Revised Code
or if the child is alleged to be a serious youthful offender under
section 2152.13 of the Revised Code and is not released on bond.
(D)
(D)(1)
If a child is taken into custody under this section and the child
cannot be released to a parent, guardian, or custodian, the court
officer or law enforcement officer shall immediately notify the
public children services agency of the county in which the child is
taken into custody, unless the child is taken into custody under one
of the following circumstances:
(a)
Pursuant to an order of the court upon a motion filed pursuant to
division (B) of section 2930.05 of the Revised Code;
(b)
Pursuant to the laws of arrest;
(c)
The circumstances set forth in section 4109.08 of the Revised Code;
(d)
When a complaint has been filed with respect to the child under
section 2152.021 of the Revised Code or the child has been indicted
under division (A) of section 2152.13 of the Revised Code or charged
by information as described in that section and there are reasonable
grounds to believe that the child may abscond or be removed from the
jurisdiction of the court;
(e)
When there are reasonable grounds to believe that the child committed
a delinquent act and that taking the child into custody is necessary
to protect the public interest and safety.
(2)
Upon receiving notice under division (D)(1) of this section, the
public children services agency shall take immediate temporary
emergency care of the child. If the child is taken into temporary
emergency care in a county other than the county in which the child
resides, the public children services agency shall provide temporary
emergency care of the child until the child is able to be released to
an appropriate caregiver or to the public children services agency of
the county in which the child resides.
(E)
Upon
receipt of notice from a person that the person intends to take an
alleged abused, neglected, or dependent child into custody pursuant
to division (A)(3) of this section, a juvenile judge or a designated
referee may grant by telephone an ex parte emergency order
authorizing the taking of the child into custody if there is probable
cause to believe that any of the conditions set forth in divisions
(A)(3)(a) to (c) of this section are present. The judge or referee
shall journalize any ex parte emergency order issued pursuant to this
division. If an order is issued pursuant to this division and the
child is taken into custody pursuant to the order, a sworn complaint
shall be filed with respect to the child before the end of the next
business day after the day on which the child is taken into custody
and a hearing shall be held pursuant to division
(E)
(F)
of this section and the Juvenile Rules. A juvenile judge or referee
shall not grant an emergency order by telephone pursuant to this
division until after the judge or referee determines that reasonable
efforts have been made to notify the parents, guardian, or custodian
of the child that the child may be placed into shelter care and of
the reasons for placing the child into shelter care, except that, if
the requirement for notification would jeopardize the physical or
emotional safety of the child or result in the child being removed
from the court's jurisdiction, the judge or referee may issue the
order for taking the child into custody and placing the child into
shelter care prior to giving notice to the parents, guardian, or
custodian of the child.
(E)
(F)
If a judge or referee pursuant to division
(D)
(E)
of this section issues an ex parte emergency order for taking a child
into custody, the court shall hold a hearing to determine whether
there is probable cause for the emergency order. The hearing shall be
held before the end of the next business day after the day on which
the emergency order is issued, except that it shall not be held later
than seventy-two hours after the emergency order is issued.
If
the court determines at the hearing that there is not probable cause
for the issuance of the emergency order issued pursuant to division
(D)
(E)
of this section, it shall order the child released to the custody of
the child's parents, guardian, or custodian. If the court determines
at the hearing that there is probable cause for the issuance of the
emergency order issued pursuant to division
(D)
(E)
of this section, the court shall do all of the following:
(1)
Ensure that a complaint is filed or has been filed;
(2)
Comply with section 2151.419 of the Revised Code;
(3)
Hold a hearing pursuant to section 2151.314 of the Revised Code to
determine if the child should remain in shelter care.
(F)
(G)
If the court determines at the hearing held pursuant to division
(E)
(F)
of this section that there is probable cause to believe that the
child is an abused child, as defined in division (A) of section
2151.031 of the Revised Code, the court may do any of the following:
(1)
Upon the motion of any party, the guardian ad litem, the prosecuting
attorney, or an employee of the public children services agency, or
its own motion, issue reasonable protective orders with respect to
the interviewing or deposition of the child;
(2)
Order that the child's testimony be videotaped for preservation of
the testimony for possible use in any other proceedings in the case;
(3)
Set any additional conditions with respect to the child or the case
involving the child that are in the best interest of the child.
(G)
(H)
This section is not intended, and shall not be construed, to prevent
any person from taking a child into custody, if taking the child into
custody is necessary in an emergency to prevent the physical injury,
emotional harm, or neglect of the child.
Sec.
2151.419.
(A)(1)
Except as provided in division (A)(2) of this section, at any hearing
held pursuant to section 2151.28, division
(E)
(F)
of section 2151.31, or section 2151.314, 2151.33, or 2151.353 of the
Revised Code at which the court removes a child from the child's home
or continues the removal of a child from the child's home, the court
shall determine whether the public children services agency or
private child placing agency that filed the complaint in the case,
removed the child from home, has custody of the child, or will be
given custody of the child has made reasonable efforts to prevent the
removal of the child from the child's home, to eliminate the
continued removal of the child from the child's home, or to make it
possible for the child to return safely home. The agency shall have
the burden of proving that it has made those reasonable efforts. If
the agency removed the child from home during an emergency in which
the child could not safely remain at home and the agency did not have
prior contact with the child, the court is not prohibited, solely
because the agency did not make reasonable efforts during the
emergency to prevent the removal of the child, from determining that
the agency made those reasonable efforts. In determining whether
reasonable efforts were made, the child's health and safety shall be
paramount.
(2)
If any of the following apply, the court shall make a determination
that the agency is not required to make reasonable efforts to prevent
the removal of the child from the child's home, eliminate the
continued removal of the child from the child's home, and return the
child to the child's home:
(a)
The parent from whom the child was removed has been convicted of or
pleaded guilty to one of the following:
(i)
An offense under section 2903.01, 2903.02, or 2903.03 of the Revised
Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to an
offense described in those sections and the victim of the offense was
a sibling of the child or the victim was another child who lived in
the parent's household at the time of the offense;
(ii)
An offense under section 2903.11, 2903.12, or 2903.13 of the Revised
Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to an
offense described in those sections and the victim of the offense is
the child, a sibling of the child, or another child who lived in the
parent's household at the time of the offense;
(iii)
An offense under division (B)(2) of section 2919.22 of the Revised
Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to the
offense described in that section and the child, a sibling of the
child, or another child who lived in the parent's household at the
time of the offense is the victim of the offense;
(iv)
An offense under section 2907.02, 2907.03, 2907.04, 2907.05, or
2907.06 of the Revised Code or under an existing or former law of
this state, any other state, or the United States that is
substantially equivalent to an offense described in those sections
and the victim of the offense is the child, a sibling of the child,
or another child who lived in the parent's household at the time of
the offense;
(v)
An offense under section 2905.32, 2907.21, or 2907.22 of the Revised
Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to the
offense described in those sections and the victim of the offense is
the child, a sibling of the child, or another child who lived in the
parent's household at the time of the offense;
(vi)
A conspiracy or attempt to commit, or complicity in committing, an
offense described in division (A)(2)(a)(i), (iv), or (v) of this
section.
(b)
The parent from whom the child was removed has repeatedly withheld
medical treatment or food from the child when the parent has the
means to provide the treatment or food. If the parent has withheld
medical treatment in order to treat the physical or mental illness or
defect of the child by spiritual means through prayer alone, in
accordance with the tenets of a recognized religious body, the court
or agency shall comply with the requirements of division (A)(1) of
this section.
(c)
The parent from whom the child was removed has placed the child at
substantial risk of harm two or more times due to alcohol or drug
abuse and has rejected treatment two or more times or refused to
participate in further treatment two or more times after a case plan
issued pursuant to section 2151.412 of the Revised Code requiring
treatment of the parent was journalized as part of a dispositional
order issued with respect to the child or an order was issued by any
other court requiring such treatment of the parent.
(d)
The parent from whom the child was removed has abandoned the child.
(e)
The parent from whom the child was removed has had parental rights
involuntarily terminated with respect to a sibling of the child
pursuant to section 2151.353, 2151.414, or 2151.415 of the Revised
Code or under an existing or former law of this state, any other
state, or the United States that is substantially equivalent to those
sections.
(3)
At any hearing in which the court determines whether to return a
child to the child's home, the court may issue an order that returns
the child in situations in which the conditions described in
divisions (A)(2)(a) to (e) of this section are present.
(B)(1)
A court that is required to make a determination as described in
division (A)(1) or (2) of this section shall issue written findings
of fact setting forth the reasons supporting its determination. If
the court makes a written determination under division (A)(1) of this
section, it shall briefly describe in the findings of fact the
relevant services provided by the agency to the family of the child
and why those services did not prevent the removal of the child from
the child's home or enable the child to return safely home.
(2)
If a court issues an order that returns the child to the child's home
in situations in which division (A)(2)(a), (b), (c), (d), or (e) of
this section applies, the court shall issue written findings of fact
setting forth the reasons supporting its determination.
(C)
If the court makes a determination pursuant to division (A)(2) of
this section, the court shall conduct a review hearing pursuant to
section 2151.417 of the Revised Code to approve a permanency plan
with respect to the child, unless the court issues an order returning
the child home pursuant to division (A)(3) of this section. The
hearing to approve the permanency plan may be held immediately
following the court's determination pursuant to division (A)(2) of
this section and shall be held no later than thirty days following
that determination.
Sec.
2152.72.
(A)
This section applies only to a child who is or previously has been
adjudicated a delinquent child for an act to which any of the
following applies:
(1)
The act is a violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.11, 2903.12, 2903.13, 2907.02, 2907.03, or 2907.05 of the
Revised Code.
(2)
The act is a violation of section 2923.01 of the Revised Code and
involved an attempt to commit aggravated murder or murder.
(3)
The act would be a felony if committed by an adult, and the court
determined that the child, if an adult, would be guilty of a
specification found in section 2941.141, 2941.144, or 2941.145 of the
Revised Code or in another section of the Revised Code that relates
to the possession or use of a firearm during the commission of the
act for which the child was adjudicated a delinquent child.
(4)
The act would be an offense of violence that is a felony if committed
by an adult, and the court determined that the child, if an adult,
would be guilty of a specification found in section 2941.1411 of the
Revised Code or in another section of the Revised Code that relates
to the wearing or carrying of body armor during the commission of the
act for which the child was adjudicated a delinquent child.
(B)(1)
Except as provided in division (E) of this section, a public children
services agency, private child placing agency, private noncustodial
agency, or court, the department of youth services, or another
private or government entity shall not place a child in a certified
foster home or for adoption until it provides the foster caregivers
or prospective adoptive parents with all of the following:
(a)
A written report describing the child's social history;
(b)
A written report describing all the acts committed by the child the
entity knows of that resulted in the child being adjudicated a
delinquent child and the disposition made by the court, unless the
records pertaining to the acts have been sealed pursuant to section
2151.356 of the Revised Code;
(c)
A written report describing any other violent act committed by the
child of which the entity is aware;
(d)
The substantial and material conclusions and recommendations of any
psychiatric or psychological examination conducted on the child or,
if no psychological or psychiatric examination of the child is
available, the substantial and material conclusions and
recommendations of an examination to detect mental and emotional
disorders conducted in compliance with the requirements of Chapter
4757. of the Revised Code by an independent social worker, social
worker, licensed professional clinical counselor, licensed
professional counselor, independent marriage and family therapist, or
marriage and family therapist licensed under that chapter. The entity
shall not provide any part of a psychological, psychiatric, or mental
and emotional disorder examination to the foster caregivers or
prospective adoptive parents other than the substantial and material
conclusions.
(2)
Notwithstanding sections 2151.356 to 2151.358 of the Revised Code, if
records of an adjudication that a child is a delinquent child have
been sealed pursuant to those sections and an entity knows the
records have been sealed, the entity shall provide the foster
caregivers or prospective adoptive parents a written statement that
the records of a prior adjudication have been sealed.
(C)(1)
The entity that places the child in a certified foster home or for
adoption shall conduct a psychological examination of the child
unless either of the following applies:
(a)
An entity is not required to conduct the examination if an
examination was conducted no more than one year prior to the child's
placement, and division (C)(1)(b) of this section does not apply.
(b)
An entity is not required to conduct the examination if a foster
caregiver seeks to adopt the foster caregiver's foster child, and an
examination was conducted no more than two years prior to the date
the foster caregiver seeks to adopt the child.
(2)
No later than sixty days after placing the child, the entity shall
provide the foster caregiver or prospective adoptive parents a
written report detailing the substantial and material conclusions and
recommendations of the examination conducted pursuant to this
division.
(D)(1)
Except as provided in divisions (D)(2) and (3) of this section, the
expenses of conducting the examinations and preparing the reports and
assessment required by division (B) or (C) of this section shall be
paid by the entity that places the child in the certified foster home
or for adoption.
(2)
When a juvenile court grants temporary or permanent custody of a
child pursuant to any section of the Revised Code, including section
2151.33, 2151.353, 2151.354, or 2152.19 of the Revised Code, to a
public children services agency or private child placing agency, the
court shall provide the agency the information described in division
(B) of this section, pay the expenses of preparing that information,
and, if a new examination is required to be conducted, pay the
expenses of conducting the examination described in division (C) of
this section. On receipt of the information described in division (B)
of this section, the agency shall provide to the court written
acknowledgment that the agency received the information. The court
shall keep the acknowledgment and provide a copy to the agency. On
the motion of the agency, the court may terminate the order granting
temporary or permanent custody of the child to that agency, if the
court does not provide the information described in division (B) of
this section.
(3)
If one of the following entities is placing a child in a certified
foster home or for adoption with the assistance of or by contracting
with a public children services agency, private child placing agency,
or a private noncustodial agency, the entity shall provide the agency
with the information described in division (B) of this section, pay
the expenses of preparing that information, and, if a new examination
is required to be conducted, pay the expenses of conducting the
examination described in division (C) of this section:
(a)
The department of youth services if the placement is pursuant to any
section of the Revised Code including section 2152.22, 5139.06,
5139.07, 5139.38, or 5139.39 of the Revised Code;
(b)
A juvenile court with temporary or permanent custody of a child
pursuant to section 2151.354 or 2152.19 of the Revised Code;
(c)
A public children services agency or private child placing agency
with temporary or permanent custody of the child.
The
agency receiving the information described in division (B) of this
section shall provide the entity described in divisions (D)(3)(a) to
(c) of this section that sent the information written acknowledgment
that the agency received the information and provided it to the
foster caregivers or prospective adoptive parents. The entity shall
keep the acknowledgment and provide a copy to the agency. An entity
that places a child in a certified foster home or for adoption with
the assistance of or by contracting with an agency remains
responsible to provide the information described in division (B) of
this section to the foster caregivers or prospective adoptive parents
unless the entity receives written acknowledgment that the agency
provided the information.
(E)
If a child is placed in a certified foster home as a result of an
emergency removal of the child from home pursuant to division
(D)
(E)
of section 2151.31 of the Revised Code, an emergency change in the
child's case plan pursuant to division (F)(3) of section 2151.412 of
the Revised Code, or an emergency placement by the department of
youth services pursuant to this chapter or Chapter 5139. of the
Revised Code, the entity that places the child in the certified
foster home shall provide the information described in division (B)
of this section no later than ninety-six hours after the child is
placed in the certified foster home.
(F)
On receipt of the information described in divisions (B) and (C) of
this section, the foster caregiver or prospective adoptive parents
shall provide to the entity that places the child in the foster
caregiver's or prospective adoptive parents' home a written
acknowledgment that the foster caregiver or prospective adoptive
parents received the information. The entity shall keep the
acknowledgment and provide a copy to the foster caregiver or
prospective adoptive parents.
(G)
No person employed by an entity subject to this section and made
responsible by that entity for the child's placement in a certified
foster home or for adoption shall fail to provide the foster
caregivers or prospective adoptive parents with the information
required by divisions (B) and (C) of this section.
(H)
It is not a violation of any duty of confidentiality provided for in
the Revised Code or a code of professional responsibility for a
person or government entity to provide the substantial and material
conclusions and recommendations of a psychiatric or psychological
examination, or an examination to detect mental and emotional
disorders, in accordance with division (B)(1)(d) or (C) of this
section.
(I)
As used in this section:
(1)
"Body armor" has the same meaning as in section 2941.1411
of the Revised Code.
(2)
"Firearm" has the same meaning as in section 2923.11 of the
Revised Code.
Sec.
3109.58.
(A)
As used in this section, "temporary custody," "permanent
custody," and "planned permanent living arrangement"
have the same meanings as in section 2151.011 of the Revised Code.
(B)
A power of attorney created pursuant to section 3109.52 of the
Revised Code may not be executed with respect to a child while any of
the following proceedings are pending regarding the child:
(1)
A proceeding for the appointment of a guardian for, or the adoption
of, the child;
(2)
A juvenile proceeding in which one of the following applies:
(a)
The temporary, permanent, or legal custody of the child or the
placement of the child in a planned permanent living arrangement has
been requested.
(b)
The child is the subject of an ex parte emergency custody order
issued under division
(D)
(E)
of section 2151.31 of the Revised Code, and no hearing has yet been
held regarding the child under division (A) of section 2151.314 of
the Revised Code.
(c)
The child is the subject of a temporary custody order issued under
section 2151.33 of the Revised Code.
(3)
A proceeding for divorce, dissolution, legal separation, annulment,
or allocation of parental rights and responsibilities regarding the
child.
Sec.
3109.68.
(A)
As used in this section, "temporary custody," "permanent
custody," and "planned permanent living arrangement"
have the same meanings as in section 2151.011 of the Revised Code.
(B)
A caretaker authorization affidavit may not be executed with respect
to a child while any of the following proceedings are pending
regarding the child:
(1)
A proceeding for the appointment of a guardian for, or the adoption
of, the child;
(2)
A juvenile proceeding in which one of the following applies:
(a)
The temporary, permanent, or legal custody of the child or the
placement of the child in a planned permanent living arrangement has
been requested.
(b)
The child is the subject of an ex parte emergency custody order
issued under division
(D)
(E)
of section 2151.31 of the Revised Code, and no hearing has yet been
held regarding the child under division (A) of section 2151.314 of
the Revised Code.
(c)
The child is the subject of a temporary custody order issued under
section 2151.33 of the Revised Code.
(3)
A proceeding for divorce, dissolution, legal separation, annulment,
or allocation of parental rights and responsibilities regarding the
child.
Section
2.
That
existing sections 2151.27, 2151.31, 2151.419, 2152.72, 3109.58, and
3109.68 of the Revised Code are hereby repealed.