Enact the Fostering Sibling Success Act

hb902_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 902

2025-2026

Representatives Jarrells, McClain

Cosponsors: Representatives Williams,
Miller, M., Troy, Piccolantonio, Brennan, Upchurch, Brewer, Rader

To
amend sections 2151.011, 2151.411,
2151.412,

2151.416
,
2151.417, 2151.4122, 2151.424,

and

5103.161;

to
enact
new sections 2151.4115, 2151.4116, 2151.4117, 2151.4118, 2151.4119,
and 2151.4120 and
section
2151.317
;
and to repeal sections 2151.4115, 2151.4116, 2151.4117, 2151.4118,
2151.4119, 2151.4120, and 2151.4121

of the Revised Code
to
enact the "Fostering Sibling Success Act" regarding the
rights of sibling youths in foster care and to provide for
continuation of a child's placement and limit kinship preference in
foster care.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 2151.011, 2151.411,
2151.412,

2151.416
,
2151.417, 2151.4122, 2151.424, and 5103.161

be amended
and
new sections 2151.4115, 2151.4116, 2151.4117, 2151.4118, 2151.4119,
and 2151.4120
and
section 2151.317 of the Revised Code be enacted to read as follows:

Sec.
2151.011.
(A)
As used in the Revised Code:

(1)
"Juvenile court" means whichever of the following is
applicable that has jurisdiction under this chapter and Chapter 2152.
of the Revised Code:

(a)
The division of the court of common pleas specified in section
2101.022 or 2301.03 of the Revised Code as having jurisdiction under
this chapter and Chapter 2152. of the Revised Code or as being the
juvenile division or the juvenile division combined with one or more
other divisions;

(b)
The juvenile court of Cuyahoga county or Hamilton county that is
separately and independently created by section 2151.08 or Chapter
2153. of the Revised Code and that has jurisdiction under this
chapter and Chapter 2152. of the Revised Code;

(c)
If division (A)(1)(a) or (b) of this section does not apply, the
probate division of the court of common pleas.

(2)
"Juvenile judge" means a judge of a court having
jurisdiction under this chapter.

(3)
"Private child placing agency" means any association, as
defined in section 5103.02 of the Revised Code, that is certified
under section 5103.03 of the Revised Code to accept temporary,
permanent, or legal custody of children and place the children for
either foster care or adoption.

(4)
"Private noncustodial agency" means any person,
organization, association, or society certified by the department of
children and youth that does not accept temporary or permanent legal
custody of children, that is privately operated in this state, and
that does one or more of the following:

(a)
Receives and cares for children for two or more consecutive weeks;

(b)
Participates in the placement of children in certified foster homes;

(c)
Provides adoption services in conjunction with a public children
services agency or private child placing agency.

(B)
As used in this chapter:

(1)
"Adequate parental care" means the provision by a child's
parent or parents, guardian, or custodian of adequate food, clothing,
and shelter to ensure the child's health and physical safety and the
provision by a child's parent or parents of specialized services
warranted by the child's physical or mental needs.

(2)
"Adult" means an individual who is eighteen years of age or
older.

(3)
"Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code that
transfers the temporary custody of a child to a public children
services agency or a private child placing agency.

(4)
"Alternative response" means the public children services
agency's response to a report of child abuse or neglect that engages
the family in a comprehensive evaluation of child safety, risk of
subsequent harm, and family strengths and needs and that does not
include a determination as to whether child abuse or neglect
occurred.

(5)
"Certified foster home" means a foster home, as defined in
section 5103.02 of the Revised Code, certified under section 5103.03
of the Revised Code.

(6)
"Child" means a person who is under eighteen years of age,
except that the juvenile court has jurisdiction over any person who
is adjudicated an unruly child prior to attaining eighteen years of
age until the person attains twenty-one years of age, and, for
purposes of that jurisdiction related to that adjudication, a person
who is so adjudicated an unruly child shall be deemed a "child"
until the person attains twenty-one years of age.

(7)
"Child day camp," "child care," "child care
center," "part-time child care center," "type A
family child care home," "licensed type B family child care
home," "type B family child care home," "administrator
of a child care center," "administrator of a type A family
child care home," and "in-home aide" have the same
meanings as in section 5104.01 of the Revised Code.

(8)
"Child care provider" means an individual who is a
child-care staff member or administrator of a child care center, a
type A family child care home, or a type B family child care home, or
an in-home aide or an individual who is licensed, is regulated, is
approved, operates under the direction of, or otherwise is certified
by the department of children and youth, department of developmental
disabilities, or the early childhood programs of the department of
education.

(9)
"Commit" means to vest custody as ordered by the court.

(10)
"Counseling" includes both of the following:

(a)
General counseling services performed by a public children services
agency or shelter for victims of domestic violence to assist a child,
a child's parents, and a child's siblings in alleviating identified
problems that may cause or have caused the child to be an abused,
neglected, or dependent child.

(b)
Psychiatric or psychological therapeutic counseling services provided
to correct or alleviate any mental or emotional illness or disorder
and performed by a licensed psychiatrist, licensed psychologist, or a
person licensed under Chapter 4757. of the Revised Code to engage in
social work or professional counseling.

(11)
"Custodian" means a person who has legal custody of a child
or a public children services agency or private child placing agency
that has permanent, temporary, or legal custody of a child.

(12)
"Delinquent child" has the same meaning as in section
2152.02 of the Revised Code.

(13)
"Detention" means the temporary care of children pending
court adjudication or disposition, or execution of a court order, in
a public or private facility designed to physically restrict the
movement and activities of children.

(14)
"Developmental disability" has the same meaning as in
section 5123.01 of the Revised Code.

(15)
"Differential response approach" means an approach that a
public children services agency may use to respond to accepted
reports of child abuse or neglect with either an alternative response
or a traditional response.

(16)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(17)
"Guardian" means a person, association, or corporation that
is granted authority by a probate court pursuant to Chapter 2111. of
the Revised Code to exercise parental rights over a child to the
extent provided in the court's order and subject to the residual
parental rights of the child's parents.

(18)
"Habitual truant" means any child of compulsory school age
who is absent without legitimate excuse for absence from the public
school the child is 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.

(19)
"Intellectual disability" has the same meaning as in
section 5123.01 of the Revised Code.

(20)
"Juvenile traffic offender" has the same meaning as in
section 2152.02 of the Revised Code.

(21)
"Legal custody" means a legal status that vests in the
custodian the right to have physical care and control of the child
and to determine where and with whom the child shall live, and the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall exercise
the rights and responsibilities personally unless otherwise
authorized by any section of the Revised Code or by the court.

(22)
A "legitimate excuse for absence from the public school the
child is supposed to attend" includes, but is not limited to,
any of the following:

(a)
The fact that the child in question has enrolled in and is attending
another public or nonpublic school in this or another state;

(b)
The fact that the child in question is excused from attendance at
school for any of the reasons specified in section 3321.04 or
3321.042 of the Revised Code;

(c)
The fact that the child in question has received an age and schooling
certificate in accordance with section 3331.01 of the Revised Code.

(23)
"Mental illness" has the same meaning as in section 5122.01
of the Revised Code.

(24)
"Mental injury" means any behavioral, cognitive, emotional,
or mental disorder in a child caused by an act or omission that is
described in section 2919.22 of the Revised Code and is committed by
the parent or other person responsible for the child's care.

(25)
"Nonsecure care, supervision, or training" means care,
supervision, or training of a child in a facility that does not
confine or prevent movement of the child within the facility or from
the facility.

(26)
"Of compulsory school age" has the same meaning as in
section 3321.01 of the Revised Code.

(27)
"Organization" means any institution, public, semipublic,
or private, and any private association, society, or agency located
or operating in the state, incorporated or unincorporated, having
among its functions the furnishing of protective services or care for
children, or the placement of children in certified foster homes or
elsewhere.

(28)
"Out-of-home care" means detention facilities, shelter
facilities, certified children's crisis care facilities, certified
foster homes, placement in a prospective adoptive home prior to the
issuance of a final decree of adoption, organizations, certified
organizations, child care centers, type A family child care homes,
type B family child care homes, child care provided by in-home aides,
group home providers, group homes, institutions, state institutions,
residential facilities, residential care facilities, residential
camps, day camps, private, nonprofit therapeutic wilderness camps,
public schools, chartered nonpublic schools, educational service
centers, hospitals, and medical clinics that are responsible for the
care, physical custody, or control of children.

(29)
"Out-of-home care child abuse" means any of the following
when committed by a person responsible for the care of a child in
out-of-home care:

(a)
Engaging in sexual activity with a child in the person's care;

(b)
Denial to a child, as a means of punishment, of proper or necessary
subsistence, education, medical care, or other care necessary for a
child's health;

(c)
Use of restraint procedures on a child that cause injury or pain;

(d)
Administration of prescription drugs or psychotropic medication to
the child without the written approval and ongoing supervision of a
licensed physician;

(e)
Commission of any act, other than by accidental means, that results
in any injury to or death of the child in out-of-home care or
commission of any act by accidental means that results in an injury
to or death of a child in out-of-home care and that is at variance
with the history given of the injury or death.

(30)
"Out-of-home care child neglect" means any of the following
when committed by a person responsible for the care of a child in
out-of-home care:

(a)
Failure to provide reasonable supervision according to the standards
of care appropriate to the age, mental and physical condition, or
other special needs of the child;

(b)
Failure to provide reasonable supervision according to the standards
of care appropriate to the age, mental and physical condition, or
other special needs of the child, that results in sexual or physical
abuse of the child by any person;

(c)
Failure to develop a process for all of the following:

(i)
Administration of prescription drugs or psychotropic drugs for the
child;

(ii)
Assuring that the instructions of the licensed physician who
prescribed a drug for the child are followed;

(iii)
Reporting to the licensed physician who prescribed the drug all
unfavorable or dangerous side effects from the use of the drug.

(d)
Failure to provide proper or necessary subsistence, education,
medical care, or other individualized care necessary for the health
or well-being of the child;

(e)
Confinement of the child to a locked room without monitoring by
staff;

(f)
Failure to provide ongoing security for all prescription and
nonprescription medication;

(g)
Isolation of a child for a period of time when there is substantial
risk that the isolation, if continued, will impair or retard the
mental health or physical well-being of the child.

(31)
"Permanent custody" means a legal status that vests in a
public children services agency or a private child placing agency,
all parental rights, duties, and obligations, including the right to
consent to adoption, and divests the natural parents or adoptive
parents of all parental rights, privileges, and obligations,
including all residual rights and obligations.

(32)
"Permanent surrender" means the act of the parents or, if a
child has only one parent, of the parent of a child, by a voluntary
agreement authorized by section 5103.15 of the Revised Code, to
transfer the permanent custody of the child to a public children
services agency or a private child placing agency.

(33)
"Person" means an individual, association, corporation, or
partnership and the state or any of its political subdivisions,
departments, or agencies.

(34)
"Person responsible for a child's care in out-of-home care"
means any of the following:

(a)
Any foster caregiver, in-home aide, or provider;

(b)
Any administrator, employee, or agent of any of the following: a
public or private detention facility; shelter facility; certified
children's crisis care facility; organization; certified
organization; child care center; type A family child care home;
licensed type B family child care home; group home; institution;
state institution; residential facility; residential care facility;
residential camp; day camp; school district; community school;
chartered nonpublic school; educational service center; hospital; or
medical clinic;

(c)
Any person who supervises or coaches children as part of an
extracurricular activity sponsored by a school district, public
school, or chartered nonpublic school;

(d)
Any other person who performs a similar function with respect to, or
has a similar relationship to, children.

(35)
"Physical impairment" means having one or more of the
following conditions that substantially limit one or more of an
individual's major life activities, including self-care, receptive
and expressive language, learning, mobility, and self-direction:

(a)
A substantial impairment of vision, speech, or hearing;

(b)
A congenital orthopedic impairment;

(c)
An orthopedic impairment caused by disease, rheumatic fever or any
other similar chronic or acute health problem, or amputation or
another similar cause.

(36)
"Placement for adoption" means the arrangement by a public
children services agency or a private child placing agency with a
person for the care and adoption by that person of a child of whom
the agency has permanent custody.

(37)
"Placement in foster care" means the arrangement by a
public children services agency or a private child placing agency for
the out-of-home care of a child of whom the agency has temporary
custody or permanent custody.

(38)
"Planned permanent living arrangement" means an order of a
juvenile court pursuant to which both of the following apply:

(a)
The court gives legal custody of a child to a public children
services agency or a private child placing agency without the
termination of parental rights.

(b)
The order permits the agency to make an appropriate placement of the
child and to enter into a written agreement with a foster care
provider or with another person or agency with whom the child is
placed.

(39)
"Practice of social work" and "practice of
professional counseling" have the same meanings as in section
4757.01 of the Revised Code.

(40)
"Private, nonprofit therapeutic wilderness camp" has the
same meaning as in section 5103.02 of the Revised Code.

(41)
"Sanction, service, or condition" means a sanction,
service, or condition created by court order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section 2152.19 of the Revised Code.

(42)
"Protective supervision" means an order of disposition
pursuant to which the court permits an abused, neglected, dependent,
or unruly child to remain in the custody of the child's parents,
guardian, or custodian and stay in the child's home, subject to any
conditions and limitations upon the child, the child's parents,
guardian, or custodian, or any other person that the court
prescribes, including supervision as directed by the court for the
protection of the child.

(43)
"Psychiatrist" has the same meaning as in section 5122.01
of the Revised Code.

(44)
"Psychologist" has the same meaning as in section 4732.01
of the Revised Code.

(45)
"Resource caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(46)
"Resource family" has the same meaning as in section
5103.02 of the Revised Code.

(47)
"Residential camp" means a program in which the care,
physical custody, or control of children is accepted overnight for
recreational or recreational and educational purposes.

(48)
"Residential care facility" means an institution,
residence, or facility that is licensed by the department of
mental
health and addiction services
behavioral
health
under
section 5119.34 of the Revised Code and that provides care for a
child.

(49)
"Residential facility" means a home or facility that is
licensed by the department of developmental disabilities under
section 5123.19 of the Revised Code and in which a child with a
developmental disability resides.

(50)
"Residual parental rights, privileges, and responsibilities"
means those rights, privileges, and responsibilities remaining with
the natural parent after the transfer of legal custody of the child,
including, but not necessarily limited to, the privilege of
reasonable visitation, consent to adoption, the privilege to
determine the child's religious affiliation, and the responsibility
for support.

(51)
"School day" means the school day established by the board
of education of the applicable school district pursuant to section
3313.481 of the Revised Code.

(52)
"School year" has the same meaning as in section 3313.62 of
the Revised Code.

(53)
"Secure correctional facility" means a facility under the
direction of the department of youth services that is designed to
physically restrict the movement and activities of children and used
for the placement of children after adjudication and disposition.

(54)
"Sexual activity" has the same meaning as in section
2907.01 of the Revised Code.

(55)
"Shelter" means the temporary care of children in
physically unrestricted facilities pending court adjudication or
disposition.

(56)
"Shelter for victims of domestic violence" has the same
meaning as in section 3113.33 of the Revised Code.

(57)

"Sibling"
means a biological sibling, a stepsibling or former stepsibling, or
an adoptive sibling.

(58)

"Temporary
custody" means legal custody of a child who is removed from the
child's home, which custody may be terminated at any time at the
discretion of the court or, if the legal custody is granted in an
agreement for temporary custody, by the person who executed the
agreement.

(58)
(59)

"Traditional response" means a public children services
agency's response to a report of child abuse or neglect that
encourages engagement of the family in a comprehensive evaluation of
the child's current and future safety needs and a fact-finding
process to determine whether child abuse or neglect occurred and the
circumstances surrounding the alleged harm or risk of harm.

(C)
For the purposes of this chapter, a child shall be presumed abandoned
when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of
whether the parents resume contact with the child after that period
of ninety days.

Sec.
2151.317.
(A)
As used in this section, "hospital" has the same meaning as
in section 5119.01 of the Revised Code.

(B)
Sibling youth in foster care, except youth in the custody of the
department of youth services or admitted to a hospital, have the
following rights, unless the exercise of the right is not in the best
interests of each sibling, regardless of whether the parental rights
of one or more of the foster youth's parents have been terminated:

(1)
To be placed in a foster home with the youth's siblings when it is in
the best interests of each sibling and when the public children
services agency locates an appropriate, capable, willing, and
available joint placement for the siblings, in accordance with
section 2151.411 of the Revised Code, to sustain family
relationships;

(2)
To be placed in close geographical proximity to the youth's siblings
to promote continuity in the siblings' relationship;

(3)
To obtain temporary respite placements together, when possible;

(4)
To be placed with foster parents or prospective adoptive parents and
assigned to caseworkers who have been provided with training on the
importance of sibling relationships;

(5)
To be promptly notified about changes in sibling placement,
catastrophic events, or other circumstances involving the youth's
siblings, including new placements, significant life events, and
discharge from foster care;

(6)
To be included in permanency planning discussions or meetings
regarding the youth's siblings, if appropriate;

(7)
To maintain frequent and meaningful contact with the youth's siblings
in accordance with section 2151.411 of the Revised Code, if placement
together is not possible;

(8)
To be actively involved in each other's lives and share celebrations,
if the siblings choose to do so, including birthdays, graduations,
holidays, school and extracurricular activities, cultural customs in
the siblings' native language, and other milestones;

(9)
To annually receive contact information for all siblings in foster
care, which may include a telephone number, address, social media
accounts, and electronic mail address, unless a foster parent has
requested the foster parent's identifiable information not be
disclosed, and to receive updated photos of siblings regularly by
mail or electronic mail, as appropriate;

(10)
To have more private and less restrictive communication with siblings
as compared to communication with others who are not siblings;

(11)
To be provided with an explanation if contact with a sibling is
restricted or denied;

(12)
To expect that the youth's guardian ad litem will advocate on the
youth's behalf for frequent family time with siblings, unless the
guardian ad litem determines through independent investigation that
frequent family time is not in the youth's best interests;

(13)
To have family time with siblings encouraged in any adoptive or
guardianship placement;

(14)
To be notified of the youth's rights regarding siblings by receiving
an age-appropriate and developmentally appropriate document prepared
by the department of children and youth as follows:

(a)
Within thirty days of the date of any placement or change in
placement;

(b)
On each occasion that a youth's case plan is modified;

(c)
At each placement where the youth resides;

(d)
On at least an annual basis.

(C)
Adult siblings of youth in foster care have the right to be
considered as resource caregivers, adoptive parents, and relative
custodians for their siblings, if they choose to do so.

(D)
If the rights established under this section conflict with the rights
of a resource family or resource caregiver, as established in section
5103.163 of the Revised Code, the rights established under this
section preempt the rights of the resource family or resource
caregiver.

(E)
The rights established under this section do not create grounds for a
civil action against the department, a public children services
agency, a resource caregiver, or a resource family.

Sec.
2151.411.
(A)

Whenever
a child comes into the custody of a public children services agency,
either as part of a sibling group or subsequent to the previous
placement of a sibling, the agency is strongly encouraged to make
reasonable efforts to place the siblings together, unless it would be
contrary to the siblings' best interest or well-being.
If

(B)
If
siblings
are not placed together, the agency should make reasonable efforts to
ensure the siblings maintain frequent connections through visitation
or other ongoing interaction, unless contrary to the siblings'
placement or well-being
.

as
follows:

(1)
After asking the youth about the youth's wishes regarding sibling
contact, the agency shall include information regarding sibling
contact in a family time plan for the youth.

(2)
If it is in each sibling's best interest, the family time plan shall
do all of the following:

(a)
Promote frequent contact between siblings in foster care, which may
include telephone calls, text messages, social media, video calls,
and in-person family time;

(b)
Clarify that sibling contact should not be limited in time or
duration to periods of parental contact;

(c)
Clarify that restriction of sibling family time should not be a
consequence for behavioral problems. Family time should be restricted
only if it is in the best interests of the youth, sibling, or both.

(d)
Ensure timing and regularly scheduled sibling family time are
outlined in case plans based on individual circumstances and needs of
the youth.

(3)
If a youth in foster care requests an opportunity for family time
with a sibling, the agency that has legal custody of the youth shall
arrange the family time within a reasonable amount of time and
document the family time.

(4)
If a youth in foster care requests an opportunity for family time
with a sibling on a regular basis, the agency that has legal custody
of the youth shall arrange the family time and ensure that the family
time occurs with sufficient frequency and duration to promote
continuity in the siblings' relationship.

(5)
If, in arranging sibling family time pursuant to this section, the
agency determines that requested family time between the siblings
would not be in the best interests of one or both of the siblings,
the agency shall deny the request, document its reasons for making
that determination, and provide the siblings with an explanation for
the denial. In determining whether requested family time would be in
the best interests of one or both of the siblings, the agency shall
determine whether there is pending in any jurisdiction a criminal
action in which either of the siblings is either a victim or a
witness. If such a criminal action is pending, the agency, before
arranging any family time between the siblings, shall consult with
the district attorney for the jurisdiction in which the criminal
action is pending to determine whether the requested family time may
have a detrimental effect upon the prosecution of the pending
criminal action.

(C)
Nothing in this section requires or permits a public children
services agency to arrange sibling family time if the sibling family
time would violate an existing protection order in any case pending
in this state or any other state.

(D)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section.

Sec.
2151.412.
(A)
Each public children services agency and private child placing agency
shall prepare and maintain a case plan for any child to whom the
agency is providing services and to whom any of the following
applies:

(1)
The agency filed a complaint pursuant to section 2151.27 of the
Revised Code alleging that the child is an abused, neglected, or
dependent child;

(2)
The agency has temporary or permanent custody of the child;

(3)
The child is living at home subject to an order for protective
supervision;

(4)
The child is in a planned permanent living arrangement.

Except
as provided by division (A)(2) of section 5103.153 of the Revised
Code, a private child placing agency providing services to a child
who is the subject of a voluntary permanent custody surrender
agreement entered into under division (B)(4) of section 5103.15 of
the Revised Code is not required to prepare and maintain a case plan
for that child.

(B)
Each public children services agency shall prepare and maintain a
case plan for any child for whom the agency is providing in-home
services pursuant to an alternative response.

(C)(1)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the content and format
of case plans required by division (A) of this section and
establishing procedures for developing, implementing, and changing
the case plans. The rules shall at a minimum comply with the
requirements of Title IV-E of the "Social Security Act," 42
U.S.C. 670, et seq. (1980).

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code requiring public children services
agencies and private child placing agencies to maintain case plans
for children and their families who are receiving services in their
homes from the agencies and for whom case plans are not required by
division (A) of this section. The rules for public children services
agencies shall include the requirements for case plans maintained for
children and their families who are receiving services in their homes
from public children services agencies pursuant to an alternative
response. The agencies shall maintain case plans as required by those
rules; however, the case plans shall not be subject to any other
provision of this section except as specifically required by the
rules.

(D)
Each public children services agency and private child placing agency
that is required by division (A) of this section to maintain a case
plan shall file the case plan with the court prior to the child's
adjudicatory hearing but no later than thirty days after the earlier
of the date on which the complaint in the case was filed or the child
was first placed into shelter care. If the agency does not have
sufficient information prior to the adjudicatory hearing to complete
any part of the case plan, the agency shall specify in the case plan
the additional information necessary to complete each part of the
case plan and the steps that will be taken to obtain that
information. All parts of the case plan shall be completed by the
earlier of thirty days after the adjudicatory hearing or the date of
the dispositional hearing for the child.

(E)
Any agency that is required by division (A) of this section to
prepare a case plan shall attempt to obtain an agreement among all
parties, including, but not limited to, the parents, guardian, or
custodian of the child and the guardian ad litem of the child
regarding the content of the case plan. If all parties agree to the
content of the case plan and the court approves it, the court shall
journalize it as part of its dispositional order. If the agency
cannot obtain an agreement upon the contents of the case plan or the
court does not approve it, the parties shall present evidence on the
contents of the case plan at the dispositional hearing. The court,
based upon the evidence presented at the dispositional hearing and
the best interest of the child, shall determine the contents of the
case plan and journalize it as part of the dispositional order for
the child.

(F)(1)
All parties, including the parents, guardian, or custodian of the
child, are bound by the terms of the journalized case plan. A party
that fails to comply with the terms of the journalized case plan may
be held in contempt of court.

(2)
Any party may propose a change to a substantive part of the case
plan, including, but not limited to, the child's placement and the
visitation rights of any party. A party proposing a change to the
case plan shall file the proposed change with the court and give
notice of the proposed change in writing before the end of the day
after the day of filing it to all parties and the child's guardian ad
litem. All parties and the guardian ad litem shall have seven days
from the date the notice is sent to object to and request a hearing
on the proposed change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency may implement the proposed change after the hearing, if the
court approves it. The agency shall not implement the proposed change
unless it is approved by the court.

(b)
If it does not receive a timely request for a hearing, the court may
approve the proposed change without a hearing. If the court approves
the proposed change without a hearing, it shall journalize the case
plan with the change not later than fourteen days after the change is
filed with the court. If the court does not approve the proposed
change to the case plan, it shall schedule a hearing to be held
pursuant to section 2151.417 of the Revised Code no later than thirty
days after the expiration of the fourteen-day time period and give
notice of the date, time, and location of the hearing to all parties
and the guardian ad litem of the child. If, despite the requirements
of division (F)(2) of this section, the court neither approves and
journalizes the proposed change nor conducts a hearing, the agency
may implement the proposed change not earlier than fifteen days after
it is submitted to the court.

(3)
If an agency has reasonable cause to believe that a child is
suffering from illness or injury and is not receiving proper care and
that an appropriate change in the child's case plan is necessary to
prevent immediate or threatened physical or emotional harm, to
believe that a child is in immediate danger from the child's
surroundings and that an immediate change in the child's case plan is
necessary to prevent immediate or threatened physical or emotional
harm to the child, or to believe that a parent, guardian, custodian,
or other member of the child's household has abused or neglected the
child and that the child is in danger of immediate or threatened
physical or emotional harm from that person unless the agency makes
an appropriate change in the child's case plan, it may implement the
change without prior agreement or a court hearing and, before the end
of the next day after the change is made, give all parties, the
guardian ad litem of the child, and the court notice of the change.
Before the end of the third day after implementing the change in the
case plan, the agency shall file a statement of the change with the
court and give notice of the filing accompanied by a copy of the
statement to all parties and the guardian ad litem. All parties and
the guardian ad litem shall have ten days from the date the notice is
sent to object to and request a hearing on the change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency shall continue to administer the case plan with the change
after the hearing, if the court approves the change. If the court
does not approve the change, the court shall make appropriate changes
to the case plan and shall journalize the case plan.

(b)
If it does not receive a timely request for a hearing, the court may
approve the change without a hearing. If the court approves the
change without a hearing, it shall journalize the case plan with the
change within fourteen days after receipt of the change. If the court
does not approve the change to the case plan, it shall schedule a
hearing under section 2151.417 of the Revised Code to be held no
later than thirty days after the expiration of the fourteen-day time
period and give notice of the date, time, and location of the hearing
to all parties and the guardian ad litem of the child.

(4)(a)
Except as provided in division (F)(4)(b) of this section, the court
shall not approve a change to the child's placement and may presume
that continuation of the child's current placement is in the child's
best interests if all of the following apply:

(i)
The child's current placement has been in a stable home environment
for the past nine months.

(ii)
A change in the child's placement would be detrimental to the child's
emotional well-being.

(iii)
The child's foster caregiver has not requested, in writing, that the
placement be changed.

(b)
The court may approve a change to the child's placement if it is in
the child's best interests and the child's foster caregiver requests,
in writing, the change in the child's placement.

(G)(1)
All case plans for children in temporary custody shall have the
following general goals:

(a)
Consistent with the best interest and special needs of the child, to
achieve a safe out-of-home placement in the least restrictive, most
family-like setting available and in close proximity to the home from
which the child was removed or the home in which the child will be
permanently placed;

(b)
To eliminate with all due speed the need for the out-of-home
placement so that the child can safely return home.

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the general goals of
case plans for children subject to dispositional orders for
protective supervision, a planned permanent living arrangement, or
permanent custody.

(H)
In the agency's development of a case plan and the court's review of
the case plan, the child's health and safety shall be the paramount
concern. The agency and the court shall be guided by the following
general priorities:

(1)
A child who is residing with or can be placed with the child's
parents within a reasonable time should remain in their legal custody
even if an order of protective supervision is required for a
reasonable period of time;

(2)
If both parents of the child have abandoned the child, have
relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable assistance,
or have a detrimental effect on the health, safety, and best interest
of the child, the child should be placed in the legal custody of a
suitable member of the child's extended family;

(3)
If a child described in division (H)(2) of this section has no
suitable member of the child's extended family to accept legal
custody, the child should be placed in the legal custody of a
suitable nonrelative who shall be made a party to the proceedings
after being given legal custody of the child;

(4)
If the child has no suitable member of the child's extended family to
accept legal custody of the child and no suitable nonrelative is
available to accept legal custody of the child and, if the child
temporarily cannot or should not be placed with the child's parents,
guardian, or custodian, the child should be placed in the temporary
custody of a public children services agency or a private child
placing agency;

(5)
If the child cannot be placed with either of the child's parents
within a reasonable period of time or should not be placed with
either, if no suitable member of the child's extended family or
suitable nonrelative is available to accept legal custody of the
child, and if the agency has a reasonable expectation of placing the
child for adoption, the child should be committed to the permanent
custody of the public children services agency or private child
placing agency;

(6)
If the child is to be placed for adoption or foster care, the
placement shall not be delayed or denied on the basis of the child's
or adoptive or foster family's race, color, or national origin.

(I)
The case plan for a child in temporary custody shall include at a
minimum the following requirements if the child is or has been the
victim of abuse or neglect or if the child witnessed the commission
in the child's household of abuse or neglect against a sibling of the
child, a parent of the child, or any other person in the child's
household:

(1)
A requirement that the child's parents, guardian, or custodian
participate in mandatory counseling;

(2)
A requirement that the child's parents, guardian, or custodian
participate in any supportive services that are required by or
provided pursuant to the child's case plan.

(J)(1)
Prior to January 1, 2023, a case plan for a child in temporary
custody may include, as a supplement, a plan for locating a permanent
family placement. The supplement shall not be considered part of the
case plan for purposes of division (E) of this section.

(2)
On and after January 1, 2023, a case plan for a child in temporary
custody shall include a permanency plan for the child unless it is
documented that such a plan would not be in the best interest of the
child. The permanency plan shall describe the services the agency
shall provide to achieve permanency for the child if reasonable
efforts to return the child to the child's home, or eliminate the
continued removal from that home, are unsuccessful. Those services
shall be provided concurrently with reasonable efforts to return the
child home or eliminate the child's continued removal from home.

(3)
The director of children and youth, pursuant to Chapter 119. of the
Revised Code, shall adopt rules necessary to carry out the purposes
of division (J) of this section.

(K)(1)
A public children services agency may request that the superintendent
of the bureau of criminal identification and investigation conduct a
criminal records check with respect to a parent, guardian, custodian,
prospective custodian, or prospective placement whose actions result
in a finding after the filing of a complaint as described in division
(A)(1) of this section that a child is an abused, neglected, or
dependent child. The public children services agency shall request
that the superintendent obtain information from the federal bureau of
investigation as part of the criminal records check.

(2)
At any time on or after the date that is ninety days after September
10, 2012, a prosecuting attorney, or an assistant prosecuting
attorney appointed under section 309.06 of the Revised Code, may
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each parent, guardian, custodian, prospective
custodian, or prospective placement whose actions resulted in a
finding after the filing of a complaint described in division (A)(1)
of this section that a child is an abused, neglected, or dependent
child. Each prosecuting attorney or assistant prosecuting attorney
who makes such a request shall request that the superintendent obtain
information from the federal bureau of investigation as part of the
criminal records check for each parent, guardian, custodian,
prospective custodian, or prospective placement who is a subject of
the request.

(3)
A public children services agency, prosecuting attorney, or assistant
prosecuting attorney that requests a criminal records check under
division (K)(1) or (2) of this section shall do both of the
following:

(a)
Provide to each parent, guardian, custodian, prospective custodian,
or prospective placement for whom a criminal records check is
requested a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section and obtain the completed form and impression sheet from the
parent, guardian, custodian, prospective custodian, or prospective
placement;

(b)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation.

(4)
A parent, guardian, custodian, prospective custodian, or prospective
placement who is given a form and fingerprint impression sheet under
division (K)(3)(a) of this section and who fails to complete the form
or provide fingerprint impressions may be held in contempt of court.

Sec.
2151.416.
(A)
Each agency that is required by section 2151.412 of the Revised Code
to prepare a case plan for a child shall complete a semiannual
administrative review of the case plan no later than six months after
the earlier of the date on which the complaint in the case was filed
or the child was first placed in shelter care. After the first
administrative review, the agency shall complete semiannual
administrative reviews no later than every six months. If the court
issues an order pursuant to section 2151.414 or 2151.415 of the
Revised Code, the agency shall complete an administrative review no
later than six months after the court's order and continue to
complete administrative reviews no later than every six months after
the first review, except that the court hearing held pursuant to
section 2151.417 of the Revised Code may take the place of any
administrative review that would otherwise be held at the time of the
court hearing. When conducting a review, the child's health and
safety shall be the paramount concern.

(B)
Each administrative review required by division (A) of this section
shall be conducted by a review panel of at least three persons,
including, but not limited to, both of the following:

(1)
A caseworker with day-to-day responsibility for, or familiarity with,
the management of the child's case plan;

(2)
A person who is not responsible for the management of the child's
case plan or for the delivery of services to the child or the
parents, guardian, or custodian of the child.

(C)
Each semiannual administrative review shall include, but not be
limited to, a joint meeting by the review panel with the parents,
guardian, or custodian of the child, the guardian ad litem of the
child, and the child's foster care provider and shall include an
opportunity for those persons to submit any written materials to be
included in the case record of the child. If a parent, guardian,
custodian, guardian ad litem, or foster care provider of the child
cannot be located after reasonable efforts to do so or declines to
participate in the administrative review after being contacted, the
agency does not have to include them in the joint meeting.

(D)
The agency shall prepare a written summary of the semiannual
administrative review that shall include, but not be limited to, all
of the following:

(1)
A conclusion regarding the safety and appropriateness of the child's
foster care placement;

(2)
The extent of the compliance with the case plan of all parties;

(3)
The extent of progress that has been made toward alleviating the
circumstances that required the agency to assume temporary custody of
the child;

(4)
An estimated date by which the child may be returned to and safely
maintained in the child's home or placed for adoption or legal
custody;

(5)
An updated case plan that includes any changes that the agency is
proposing in the case plan;

(6)
The recommendation of the agency as to which agency or person should
be given custodial rights over the child for the six-month period
after the administrative review;

(7)
The names of all persons who participated in the administrative
review;

(8)
A summary of the agency's
intensive
efforts to secure a placement with
diligent
search for
an
appropriate and willing
kinship
caregiver as defined in section 5180.50 of the Revised Code
adult
relative or adult nonrelative with a significant relationship to the
child
,
including any use of search technology to find biological family
members of the child and all other efforts undertaken since the last
review, unless a court has determined that
intensive
efforts are unnecessary
the
search is no longer required
pursuant
to section
2151.4118

2151.4117

of
the Revised Code

or the agency is not required to consider an adult relative or adult
nonrelative with a significant relationship to the child for
placement pursuant to section 2151.4120 of the Revised Code;

(9)
For a child who has one or more siblings who have not been placed
together, a determination of whether the need or reasoning that led
to the siblings not being placed together is still a current need or
concern and whether the siblings may be placed together
.

(E)
The agency shall file the summary with the court no later than seven
days after the completion of the administrative review. If the agency
proposes a change to the case plan as a result of the administrative
review, the agency shall file the proposed change with the court at
the time it files the summary. The agency shall give notice of the
summary and proposed change in writing before the end of the next day
after filing them to all parties and the child's guardian ad litem.
All parties and the guardian ad litem shall have seven days after the
date the notice is sent to object to and request a hearing on the
proposed change.

(1)
If the court receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held not later than thirty days after the court receives the
request. The court shall give notice of the date, time, and location
of the hearing to all parties and the guardian ad litem. The agency
may implement the proposed change after the hearing, if the court
approves it. The agency shall not implement the proposed change
unless it is approved by the court.

(2)
If the court does not receive a timely request for a hearing, the
court may approve the proposed change without a hearing. If the court
approves the proposed change without a hearing, it shall journalize
the case plan with the change not later than fourteen days after the
change is filed with the court. If the court does not approve the
proposed change to the case plan, it shall schedule a review hearing
to be held pursuant to section 2151.417 of the Revised Code no later
than thirty days after the expiration of the fourteen-day time period
and give notice of the date, time, and location of the hearing to all
parties and the guardian ad litem of the child. If, despite the
requirements of this division and division (D) of section 2151.417 of
the Revised Code, the court neither approves and journalizes the
proposed change nor conducts a hearing, the agency may implement the
proposed change not earlier than fifteen days after it is submitted
to the court.

(F)
The director of children and youth may adopt rules pursuant to
Chapter 119. of the Revised Code for procedures and standard forms
for conducting administrative reviews pursuant to this section.

(G)
The juvenile court that receives the written summary of the
administrative review, upon determining, either from the written
summary, case plan, or otherwise, that the custody or care
arrangement is not in the best interest of the child, may terminate
the custody of an agency and place the child in the custody of
another institution or association certified by the department of
children and youth under section 5103.03 of the Revised Code.

Sec.
2151.417.
(A)
Any court that issues a dispositional order pursuant to section
2151.353, 2151.414, or 2151.415 of the Revised Code may review at any
time the child's placement or custody arrangement, the case plan
prepared for the child pursuant to section 2151.412 of the Revised
Code, the actions of the public children services agency or private
child placing agency in implementing that case plan, the child's
permanency plan if the child's permanency plan has been approved, and
any other aspects of the child's placement or custody arrangement. In
conducting the review, the court shall determine the appropriateness
of any agency actions, the safety and appropriateness of continuing
the child's placement or custody arrangement, and whether any changes
should be made with respect to the child's permanency plan or
placement or custody arrangement or with respect to the actions of
the agency under the child's placement or custody arrangement. Based
upon the evidence presented at a hearing held after notice to all
parties and the guardian ad litem of the child, the court may require
the agency, the parents, guardian, or custodian of the child, and the
physical custodians of the child to take any reasonable action that
the court determines is necessary and in the best interest of the
child or to discontinue any action that it determines is not in the
best interest of the child.

(B)
If a court issues a dispositional order pursuant to section 2151.353,
2151.414, or 2151.415 of the Revised Code, the court has continuing
jurisdiction over the child as set forth in division (F)(1) of
section 2151.353 of the Revised Code. The court may amend a
dispositional order in accordance with division (F)(2) of section
2151.353 of the Revised Code at any time upon its own motion or upon
the motion of any interested party. The court shall comply with
section 2151.42 of the Revised Code in amending any dispositional
order pursuant to this division.

(C)(1)
Any court that issues a dispositional order pursuant to section
2151.353, 2151.414, or 2151.415 of the Revised Code shall hold a
review hearing one year after the earlier of the date on which the
complaint in the case was filed or the child was first placed into
shelter care to review the case plan prepared pursuant to section
2151.412 of the Revised Code and the child's placement or custody
arrangement, to approve or review the permanency plan for the child,
and to make changes to the case plan and placement or custody
arrangement consistent with the permanency plan. The court shall
schedule the review hearing at the time that it holds the
dispositional hearing pursuant to section 2151.35 of the Revised
Code.

(2)
The court shall hold a similar review hearing no later than every
twelve months after the initial review hearing until the child is
adopted, returned to the parents, or the court otherwise terminates
the child's placement or custody arrangement, except that the
dispositional hearing held pursuant to section 2151.415 of the
Revised Code shall take the place of the first review hearing to be
held under this section. The court shall schedule each subsequent
review hearing at the conclusion of the review hearing immediately
preceding the review hearing to be scheduled.

(3)
The court is not required to continue holding review hearings under
divisions (C)(1) and (2) of this section regarding a child subject to
an order of legal custody under section 2151.353 or 2151.415 of the
Revised Code, if all of the following apply:

(a)
The child is not subject to an order of protective supervision under
section 2151.353 or 2151.415 of the Revised Code.

(b)
A public children services agency or private child placing agency is
not providing services to the child.

(c)
The court finds that further review under divisions (C)(1) and (2) of
this section are no longer necessary to serve the child's best
interests.

(D)
If, within fourteen days after a written summary of an administrative
review is filed with the court pursuant to section 2151.416 of the
Revised Code, the court does not approve the proposed change to the
case plan filed pursuant to division (E) of section 2151.416 of the
Revised Code or a party or the guardian ad litem requests a review
hearing pursuant to division (E) of that section, the court shall
hold a review hearing in the same manner that it holds review
hearings pursuant to division (C) of this section, except that if a
review hearing is required by this division and if a hearing is to be
held pursuant to division (C) of this section or section 2151.415 of
the Revised Code, the hearing held pursuant to division (C) of this
section or section 2151.415 of the Revised Code shall take the place
of the review hearing required by this division.

(E)
If a court determines pursuant to section 2151.419 of the Revised
Code that a public children services agency or private child placing
agency is not required to make reasonable efforts to prevent the
removal of a child from the child's home, eliminate the continued
removal of a child from the child's home, and return the child to the
child's home, and the court does not return the child to the child's
home pursuant to division (A)(3) of section 2151.419 of the Revised
Code, the court shall hold a review hearing to approve the permanency
plan for the child and, if appropriate, to make changes to the
child's case plan and the child's placement or custody arrangement
consistent with the permanency plan. The court may hold the hearing
immediately following the determination under section 2151.419 of the
Revised Code and shall hold it no later than thirty days after making
that determination.

(F)
The court shall give notice of the review hearings held pursuant to
this section to every interested party, including, but not limited
to, the appropriate agency employees who are responsible for the
child's care and planning, the child's parents, any person who had
guardianship or legal custody of the child prior to the custody
order, the child's guardian ad litem, and the child. The court shall
summon every interested party to appear at the review hearing and
give them an opportunity to testify and to present other evidence
with respect to the child's custody arrangement, including, but not
limited to, the following: the case plan for the child; the
permanency plan, if one exists; the actions taken by the child's
custodian; the need for a change in the child's custodian or
caseworker; and the need for any specific action to be taken with
respect to the child. The court shall require any interested party to
testify or present other evidence when necessary to a proper
determination of the issues presented at the review hearing. In any
review hearing that pertains to a permanency plan for a child who
will not be returned to the parent, the court shall consider in-state
and out-of-state placement options and the court shall determine
whether the in-state or the out-of-state placement continues to be
appropriate and in the best interests of the child. In any review
hearing that pertains to a permanency plan for a child, the court or
a citizens board appointed by the court pursuant to division (H) of
this section shall consult with the child, in an age-appropriate
manner, regarding the proposed permanency plan for the child.

(G)
After the review hearing, the court shall take the following actions
based upon the evidence presented:

(1)
If an administrative review has been conducted, determine whether the
conclusions of the review are supported by a preponderance of the
evidence and approve or modify the case plan based upon that
evidence;

(2)
If the hearing was held under division (C) or (E) of this section,
approve a permanency plan for the child that specifies whether and,
if applicable, when the child will be safely returned home or placed
for adoption, for legal custody, or in a planned permanent living
arrangement. A permanency plan approved after a hearing under
division (E) of this section shall not include any provision
requiring the child to be returned to the child's home.

(3)
If the child is in temporary custody, do all of the following:

(a)
Determine whether the child can and should be returned home with or
without an order for protective supervision;

(b)
If the child can and should be returned home with or without an order
for protective supervision, terminate the order for temporary
custody;

(c)
If the child cannot or should not be returned home with an order for
protective supervision, determine whether the agency currently with
custody of the child should retain custody or whether another public
children services agency, private child placing agency, or an
individual should be given custody of the child.

The
court shall comply with section 2151.42 of the Revised Code in taking
any action under this division.

(4)
If the child is in permanent custody, determine what actions are
required by the custodial agency and of any other organizations or
persons in order to facilitate an adoption of the child and make any
appropriate orders with respect to the custody arrangement or
conditions of the child, including, but not limited to, a transfer of
permanent custody to another public children services agency or
private child placing agency;

(5)
Journalize the terms of the updated case plan for the child.

(H)
The court may appoint a referee or a citizens review board to conduct
the review hearings that the court is required by this section to
conduct, subject to the review and approval by the court of any
determinations made by the referee or citizens review board. If the
court appoints a citizens review board to conduct the review
hearings, the board shall consist of one member representing the
general public and four members who are trained or experienced in the
care or placement of children and have training or experience in the
fields of medicine, psychology, social work, education, or any
related field. Of the initial appointments to the board, two shall be
for a term of one year, two shall be for a term of two years, and one
shall be for a term of three years, with all the terms ending one
year after the date on which the appointment was made. Thereafter,
all terms of the board members shall be for three years and shall end
on the same day of the same month of the year as did the term that
they succeed. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the term.

(I)
A copy of the court's determination following any review hearing held
pursuant to this section shall be sent to the custodial agency, the
guardian ad litem of the child who is the subject of the review
hearing, and, if that child is not the subject of a permanent
commitment hearing, the parents of the child.

(J)
If the hearing held under this section takes the place of an
administrative review that otherwise would have been held under
section 2151.416 of the Revised Code, the court at the hearing held
under this section shall do all of the following in addition to any
other requirements of this section:

(1)
Determine the continued necessity for and the safety and
appropriateness of the child's placement;

(2)
Determine the extent of compliance with the child's case plan;

(3)
Determine the extent of progress that has been made toward
alleviating or mitigating the causes necessitating the child's
placement in foster care;

(4)
Project a likely date by which the child may be safely returned home
or placed for adoption or legal custody.

(K)(1)
Whenever the court is required to approve a permanency plan under
this section or section 2151.415 of the Revised Code, the public
children services agency or private child placing agency that filed
the complaint in the case, has custody of the child, or will be given
custody of the child shall develop a permanency plan for the child.
The agency must file the plan with the court prior to the hearing
under this section or section 2151.415 of the Revised Code.

(2)
The permanency plan developed by the agency must specify whether and,
if applicable, when the child will be safely returned home or placed
for adoption or legal custody. If the agency determines that there is
a compelling reason why returning the child home or placing the child
for adoption or legal custody is not in the best interest of the
child, the plan shall provide that the child will be placed in a
planned permanent living arrangement. A permanency plan developed as
a result of a determination made under division (A)(2) of section
2151.419 of the Revised Code may not include any provision requiring
the child to be returned home.

(3)(a)
Whenever a court is required under this section or section 2151.415
or 2151.419 of the Revised Code to conduct a review hearing to
approve a permanency plan, the court shall determine whether the
agency required to develop the plan has made reasonable efforts to
finalize it.
In
determining whether the agency made reasonable efforts to finalize
the permanency plan, the court shall consider whether the agency
complied with sections 2151.4115 to 2151.4120 of the Revised Code.
If
the court determines the agency has not made reasonable efforts to
finalize the plan, the court shall issue an order finalizing a
permanency plan requiring the agency to use reasonable efforts to do
the following:

(i)
Place the child in a timely manner into a permanent placement;

(ii)
Complete whatever steps are necessary to finalize the permanent
placement of the child.

(b)
In making reasonable efforts as required in division (K)(3)(a) of
this section, the agency shall consider the child's health and safety
as the paramount concern.

Sec.
2151.4115.
A
public children services agency or private child placing agency
shall, on removal of a child from the child's home, initiate a
diligent search in accordance with section 2151.4116 of the Revised
Code for the child's adult relatives and adult nonrelatives with a
significant relationship to the child to assume temporary or legal
custody of the child or otherwise provide the child a home.

Sec.
2151.4116.
The
diligent search required under section 2151.4115 of the Revised Code
shall include all of the following:

(A)
Interviews, to be conducted as necessary throughout the pendency of
proceedings regarding the case, with the following:

(1)
The child;

(2)
The child's parents;

(3)
Identified adult relatives;

(4)
Any other person who is likely to have information about the identity
or location of the person being sought.

(B)
Comprehensive searches of databases available to the agency,
including searches of employment, residence, utilities, vehicle
registration, child support enforcement, law enforcement, corrections
records, and any other records likely to result in identifying and
locating the person being sought;

(C)
Appropriate inquiry made during any hearings in the case;

(D)
Any other reasonable means that are likely to identify adult
relatives or adult nonrelatives with a significant relationship to
the child.

Sec.
2151.4117.
The
public children services agency or private child placing agency shall
continue to search for adult relatives or adult nonrelatives with a
significant relationship to the child in accordance with section
2151.4115 of the Revised Code until one of the following occurs:

(A)
An adult relative or adult nonrelative with a significant
relationship to the child with whom to place the child is found.

(B)
A permanency plan is approved for the child.

(C)
The court orders the agency to discontinue the search.

Sec.
2151.4118.
The
diligent search and notification required under sections 2151.4115
and 2151.4119 of the Revised Code shall be completed, documented in
writing, and filed with the court not later than thirty days after
the removal of the child from the child's home, or as otherwise
required by the court, and at each review hearing under section
2151.417 of the Revised Code.

Sec.
2151.4119.
The
public children services agency or private child placing agency shall
provide notice to all of the child's adult relatives and adult
nonrelatives with a significant relationship to the child identified
by the search under section 2151.4115 of the Revised Code, unless the
agency determines that the adult identified may cause or has caused
the child to be an abused, neglected, or dependent child. The notice
shall include all of the following:

(A)
Notification that the child has been or is being removed from the
child's home;

(B)
An explanation of the options the identified relative or nonrelative
has to participate in the care and placement of the child and any
options that may be lost by failing to respond to the notice;

(C)
A description of the process for becoming an approved foster home
under section 5103.03 of the Revised Code and the additional services
and supports available for children placed in approved foster homes;

(D)
A description of any financial assistance for which the identified
relative or nonrelative may be eligible.

Sec.
2151.4120.
A
court may excuse a public children services agency or private child
placing agency from considering an adult relative or adult
nonrelative with a significant relationship to the child for
placement if the adult relative or adult nonrelative entitled to
notice under section 2151.4119 of the Revised Code fails, within six
months of receipt of the notice, to demonstrate an interest in and
willingness to assume temporary or legal custody of the child or
otherwise demonstrate an interest in providing the child a home.

Sec.
2151.4122.
Nothing
in sections 2151.4115 to
2151.4121

2151.4120

of
the Revised Code shall be construed to prevent a public children
services agency or private child placing agency from continuing to
search

for

or consider kinship caregivers.

Sec.
2151.424.
(A)
If a child has been placed in a certified foster home or is in the
custody of, or has been placed with, a kinship caregiver as defined
in section 5180.50 of the Revised Code, a court, prior to conducting
any hearing pursuant to division (F)(2) or (3) of section 2151.412 or
section 2151.28, 2151.33, 2151.35, 2151.414, 2151.415, 2151.416, or
2151.417 of the Revised Code with respect to the child, shall notify
,
in writing,

the foster caregiver or kinship caregiver of the date, time, and
place of the hearing. At the hearing, the foster caregiver or kinship
caregiver shall have the right to
be
heard
participate
.

(B)
If a public children services agency or private child placing agency
has permanent custody of a child and a petition to adopt the child
has been filed under Chapter 3107. of the Revised Code, the agency,
prior to conducting a review under section 2151.416 of the Revised
Code, or a court, prior to conducting a hearing under division (F)(2)
or (3) of section 2151.412 or section 2151.416 or 2151.417 of the
Revised Code, shall notify the prospective adoptive parent of the
date, time, and place of the review or hearing. At the review or
hearing, the prospective adoptive parent shall have the right to
be
heard
participate
.

(C)

The
foster caregiver or kinship caregiver shall be encouraged to update
the court about the child in the caregiver's care, express concerns
to the court that relate to the child, ask questions about any aspect
of the child's case, and file reports and letters with the court as
part of the child's case record.

(D)

The
notice and the opportunity to
be
heard
participate

do
not make the foster caregiver, kinship caregiver, or prospective
adoptive parent a party in the action or proceeding pursuant to which
the review or hearing is conducted.

Sec.
5103.161.
As
used in this section, "permanent custody" has the same
meaning as in section 2151.011 of the Revised Code.

If
a private child placing agency or public children services agency has
placed a child in a foster home or with a relative of the child,
other than a parent of the child, the agency shall notify the child's
foster caregiver or relative if the agency seeks permanent custody of
the child, or, if the agency already has permanent custody of the
child, seeks to place the child for adoption. The notice also shall
inform the foster caregiver or relative that the foster caregiver or
relative can be considered for adoption. If the foster caregiver or
relative informs the agency that the foster caregiver or relative
wants to adopt the child, the agency shall inform the foster
caregiver or relative of the process for obtaining an application to
adopt the child and that the child may be placed for adoption in
another home even if the foster caregiver or relative submits the
application.
If
the agency is given permanent custody of the child and the foster
caregiver or relative has informed the agency of the foster
caregiver's or relative's desire to adopt the child, the agency shall
consider giving preference to an adult relative over a nonrelative
caregiver when determining an adoptive placement for the child,
provided the adult relative satisfies all relevant child protection
standards and the agency determines that the placement is in the
child's best interest.

Section
2.
That
existing sections 2151.011, 2151.411,
2151.412,

2151.416
,
2151.417, 2151.4122, 2151.424, and 5103.161

of the Revised Code are hereby repealed.

Section
3.
That
sections 2151.4115, 2151.4116, 2151.4117, 2151.4118, 2151.4119,
2151.4120, and 2151.4121 of the Revised Code are hereby repealed.

Section
4.
This
act shall be known as the Fostering Sibling Success Act.