Ohio Rev. Code » Chapter 2151
Ohio Revised Code

Ohio Rev. Code § 2151.413 (2026)

Motion requesting permanent custody

✓ current as of May 2026
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Effective:
January 1, 2025
Latest Legislation:
House Bill 33 - 135th General Assembly
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(A) A public children services agency or private child placing agency that, pursuant to an order of disposition under division (A)(2) of section 2151.353 of the Revised Code or under any version of section 2151.353 of the Revised Code that existed prior to January 1, 1989, is granted temporary custody of a child who is not abandoned or orphaned may file a motion in the court that made the disposition of the child requesting permanent custody of the child.

(B) A public children services agency or private child placing agency that, pursuant to an order of disposition under division (A)(2) of section 2151.353 of the Revised Code or under any version of section 2151.353 of the Revised Code that existed prior to January 1, 1989, is granted temporary custody of a child who is orphaned may file a motion in the court that made the disposition of the child requesting permanent custody of the child whenever it can show that no relative of the child is able to take legal custody of the child.

(C) A public children services agency or private child placing agency that, pursuant to an order of disposition under division (A)(5) of section 2151.353 of the Revised Code, places a child in a planned permanent living arrangement may file a motion in the court that made the disposition of the child requesting permanent custody of the child.

(D)(1) Except as provided in division (D)(3) of this section, if a child has been in the temporary custody of one or more public children services agencies or private child placing agencies for twelve or more months of a consecutive twenty-two-month period, the agency with custody shall file a motion requesting permanent custody of the child. If the child has been in the temporary custody of one or more public children services agencies or private child placing agencies and the child was previously in the temporary custody of an equivalent agency in another state, the agency with custody of the child shall apply the time in temporary custody in the other state to the time in temporary custody in this state and, except as provided in division (D)(3) of this section, if the time spent in temporary custody equals twelve or more months of a consecutive twenty-two-month period, the agency with custody may file a motion requesting permanent custody of the child. The motion shall be filed in the court that issued the current order of temporary custody. For the purposes of this division, a child shall be considered to have entered the temporary custody of an agency on the earlier of the date the child is adjudicated pursuant to section 2151.28 of the Revised Code or the date that is sixty days after the removal of the child from home.

(2) Except as provided in division (D)(3) of this section, if a court makes a determination pursuant to division (A)(2) of section 2151.419 of the Revised Code, the public children services agency or private child placing agency required to develop the permanency plan for the child under division (K) of section 2151.417 of the Revised Code shall file a motion in the court that made the determination requesting permanent custody of the child.

(3) An agency shall not file a motion for permanent custody under division (D)(1) or (2) of this section if any of the following apply:

(a) The agency documents in the case plan or permanency plan a compelling reason that permanent custody is not in the best interest of the child.

(b) If reasonable efforts to return the child to the child's home are required under section 2151.419 of the Revised Code, the agency has not provided the services required by the case plan to the parents of the child or the child to ensure the safe return of the child to the child's home.

(c) The agency has been granted permanent custody of the child.

(d) The child has been returned home pursuant to court order in accordance with division (A)(3) of section 2151.419 of the Revised Code.

(E) Any agency that files a motion for permanent custody under this section shall include in the case plan of the child who is the subject of the motion, a specific plan of the agency's actions to seek an adoptive family for the child and to prepare the child for adoption.

(F) The department of children and youth may adopt rules pursuant to Chapter 119. of the Revised Code that set forth the time frames for case reviews and for filing a motion requesting permanent custody under division (D)(1) of this section.

Last updated January 1, 2025 at 6:41 AM

Notes of Decisions
Cited in 790 cases (354 in the last 5 years), 1982–2026 · leading case: In re C.F., 113 Ohio St. 3d 73 (Ohio 2007).
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In re C.F., 113 Ohio St. 3d 73 (Ohio 2007). · cites it 16× ““Whether a reasonable efforts determination is required in motions for permanent custody filed pursuant to R.C. 2151.413.” {¶ 3} 2. “Whether a trial court abuses its discretion by denying a request for an in camera interview in a permanent custody determination when there is…”
In re C.W., 104 Ohio St. 3d 163 (Ohio 2004). · cites it 9× “414(B)(1)(d), we must review both R.C. 2151.413 and R.C. 2151.414. {¶ 8} R.”
In re T.R., 896 N.E.2d 1003 (Ohio 2008). · cites it 18× “The department eventually moved for permanent custody of the children pursuant to R.C. 2151.413(D)(1), alleging that S.H. had not met all of the objectives set forth in the case plan and that permanent custody by the department was in the best interest of the children.”
In re J.H., 2016 Ohio 640 (Ohio Ct. App. 2016). · cites it 11× “419, but maintain, nevertheless, that an agency's -9- Clinton CA2015-07-014 CA2015-07-015 reasonable efforts are relevant under R.C. 2151.413. {¶ 29} An agency's duty to make reasonable efforts to preserve or reunify a family unit is referred to in various sections of the Ohio…”
In re I.A.-W., 2022 Ohio 1766 (Ohio Ct. App. 2022). · cites it 10× “419 is misplaced, however, because CCDCFS’s motion for permanent custody was filed pursuant to R.C. 2151.413. In In re C.F., 113 Ohio St.”
In re Adams, 873 N.E.2d 886 (Ohio 2007). · cites it 6× “Subsection (A) requires an agency to file a motion requesting a dispositional order and lists six possible dispositional orders that may be issued by the court: {¶ 15} “(A) Except for cases in which a motion for permanent custody described in division (D)(1) of section 2151.413…”
In re R.T., 2016 Ohio 8490 (Ohio Ct. App. 2016). · cites it 14× “Pursuant to subsection (A) of the statute, a court must hold a hearing on a motion for permanent custody brought under R.C. 2151.413. In this case, CCDCFS was required to file a motion for permanent custody because of the length of time R.”
In the Matter of Nice, 751 N.E.2d 552 (Ohio Ct. App. 2001). · cites it 4× “Upon the filing of a motion for permanent custody under R.C. 2151.413, the court must conduct a hearing to determine if it is in the best interests of the child to permanently terminate- parental rights and grant permanent custody to the agency.”
In re W.W., 2011 Ohio 4912 (Ohio Ct. App. 2011). · cites it 5× “In this case, HCJFS moved for permanent custody under R.C. 2151.413(A), after obtaining temporary custody under R.”
In re K.M., 2015 Ohio 4682 (Ohio Ct. App. 2015). · cites it 5× “{¶ 46} However, the Supreme Court of Ohio has held the statute requiring reasonable efforts does not apply to motions for permanent custody brought pursuant to R.C. 2151.413, or to hearings held on such motions under R.”
In re E.B., 2017 Ohio 2672 (Ohio Ct. App. 2017). · cites it 5× “{¶ 53} R.C. 2151.413 sets forth guidelines for determining when a public children services agency or private child placing agency must or may file a motion for permanent custody.”
In re N.M.P. (Slip Opinion), 2020 Ohio 1458 (Ohio 2020). · cites it 4× “under R.C. 2151.413. Pursuant to R.C. 2151.414, a hearing was held (neither parent appeared but the mother was represented by her attorney1), and on July 25, 2018, the court placed the children in the permanent custody of the agency.”
Show all 790 citing cases →
— Ohio Rev. Code § 2151.413(A) — 63 cases
In the Matter of Nice, 751 N.E.2d 552 (Ohio Ct. App. 2001). “Upon the filing of a motion for permanent custody under R.C. 2151.413, the court must conduct a hearing to determine if it is in the best interests of the child to permanently terminate- parental rights and grant permanent custody to the agency.”
In re C.F., 113 Ohio St. 3d 73 (Ohio 2007). ““Whether a reasonable efforts determination is required in motions for permanent custody filed pursuant to R.C. 2151.413.” {¶ 3} 2. “Whether a trial court abuses its discretion by denying a request for an in camera interview in a permanent custody determination when there is…”
In re W.W., 2011 Ohio 4912 (Ohio Ct. App. 2011). “In this case, HCJFS moved for permanent custody under R.C. 2151.413(A), after obtaining temporary custody under R.”
In Re Miller, 655 N.E.2d 252 (Ohio Ct. App. 1995).
In re F.B., 2020 Ohio 5610 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2151.413(B) — 2 cases
In re T.S., 2021 Ohio 2171 (Ohio Ct. App. 2021).
In re A.E.B, 2018 Ohio 2269 (Ohio Ct. App. 2018).
— Ohio Rev. Code § 2151.413(B)(1)(b) — 1 case
In re K.L., 2017 Ohio 9003 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2151.413(C) — 2 cases
In re J.K., 2012 Ohio 214 (Ohio Ct. App. 2012).
In re M.F., 2015 Ohio 4224 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 2151.413(D) — 23 cases
In re C.F., 113 Ohio St. 3d 73 (Ohio 2007). ““Whether a reasonable efforts determination is required in motions for permanent custody filed pursuant to R.C. 2151.413.” {¶ 3} 2. “Whether a trial court abuses its discretion by denying a request for an in camera interview in a permanent custody determination when there is…”
In re N.M.P. (Slip Opinion), 2020 Ohio 1458 (Ohio 2020). “under R.C. 2151.413. Pursuant to R.C. 2151.414, a hearing was held (neither parent appeared but the mother was represented by her attorney1), and on July 25, 2018, the court placed the children in the permanent custody of the agency.”
In re L.W., 2018 Ohio 2099 (Ohio Ct. App. 2018).
In re R.P., 2011 Ohio 5378 (Ohio Ct. App. 2011).
In re K.M.D., 2012 Ohio 755 (Ohio Ct. App. 2012).
— Ohio Rev. Code § 2151.413(D)(1) — 117 cases
In re C.W., 104 Ohio St. 3d 163 (Ohio 2004). “414(B)(1)(d), we must review both R.C. 2151.413 and R.C. 2151.414. {¶ 8} R.”
In re K.K., 2022 Ohio 3888 (Ohio 2022).
In re J.P., 2019 Ohio 1619 (Ohio Ct. App. 2019).
In re C.B., 2011 Ohio 2899 (Ohio 2011).
In re Adams, 873 N.E.2d 886 (Ohio 2007). “Subsection (A) requires an agency to file a motion requesting a dispositional order and lists six possible dispositional orders that may be issued by the court: {¶ 15} “(A) Except for cases in which a motion for permanent custody described in division (D)(1) of section 2151.413…”
— Ohio Rev. Code § 2151.413(D)(1)(a) — 2 cases
In re H.G., 2024 Ohio 3408 (Ohio Ct. App. 2024).
In re T.T., 2024 Ohio 2914 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2151.413(D)(2) — 19 cases
In re W.W., 2011 Ohio 4912 (Ohio Ct. App. 2011). “In this case, HCJFS moved for permanent custody under R.C. 2151.413(A), after obtaining temporary custody under R.”
In re K.T., 2018 Ohio 1381 (Ohio Ct. App. 2018).
In re A.U., 2021 Ohio 2658 (Ohio Ct. App. 2021).
In re J.D., 2015 Ohio 4114 (Ohio Ct. App. 2015).
In re K.M., 2023 Ohio 3203 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 2151.413(D)(3) — 8 cases
In re S. Child., 2024 Ohio 538 (Ohio Ct. App. 2024).
In re E.R., 2017 Ohio 7188 (Ohio Ct. App. 2017).
In re R.T., 2016 Ohio 8490 (Ohio Ct. App. 2016). “Pursuant to subsection (A) of the statute, a court must hold a hearing on a motion for permanent custody brought under R.C. 2151.413. In this case, CCDCFS was required to file a motion for permanent custody because of the length of time R.”
In re M.F., 2015 Ohio 4224 (Ohio Ct. App. 2015).
In re R.G.S., 2020 Ohio 6696 (Ohio Ct. App. 2020).
— Ohio Rev. Code § 2151.413(D)(3)(B) — 2 cases
In re E.R., 2017 Ohio 7188 (Ohio Ct. App. 2017).
In re C.C, 2016 Ohio 6981 (Ohio Ct. App. 2016).
— Ohio Rev. Code § 2151.413(D)(3)(a) — 2 cases
In re S.R.T., 2016 Ohio 788 (Ohio Ct. App. 2016).
In re K.G., 2024 Ohio 2432 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2151.413(D)(3)(b) — 42 cases
In re J.H., 2016 Ohio 640 (Ohio Ct. App. 2016). “419, but maintain, nevertheless, that an agency's -9- Clinton CA2015-07-014 CA2015-07-015 reasonable efforts are relevant under R.C. 2151.413. {¶ 29} An agency's duty to make reasonable efforts to preserve or reunify a family unit is referred to in various sections of the Ohio…”
In re C.F., 113 Ohio St. 3d 73 (Ohio 2007). ““Whether a reasonable efforts determination is required in motions for permanent custody filed pursuant to R.C. 2151.413.” {¶ 3} 2. “Whether a trial court abuses its discretion by denying a request for an in camera interview in a permanent custody determination when there is…”
In re L.R., 2019 Ohio 2305 (Ohio Ct. App. 2019).
In re E.R., 2017 Ohio 7188 (Ohio Ct. App. 2017).
In re W.M., 2017 Ohio 1398 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2151.413(E) — 12 cases
In re T.R., 896 N.E.2d 1003 (Ohio 2008). “The department eventually moved for permanent custody of the children pursuant to R.C. 2151.413(D)(1), alleging that S.H. had not met all of the objectives set forth in the case plan and that permanent custody by the department was in the best interest of the children.”
In re X.S., 2021 Ohio 1774 (Ohio Ct. App. 2021).
In re M.W., 2017 Ohio 8580 (Ohio Ct. App. 2017).
In re J.G., 2014 Ohio 2570 (Ohio Ct. App. 2014).
In re A.D.M., 2017 Ohio 1432 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 2151.413(E)(1) — 1 case
In re K.R., 2024 Ohio 4723 (Ohio Ct. App. 2024).
— Ohio Rev. Code § 2151.413(F) — 1 case
In re T.R., 896 N.E.2d 1003 (Ohio 2008). “The department eventually moved for permanent custody of the children pursuant to R.C. 2151.413(D)(1), alleging that S.H. had not met all of the objectives set forth in the case plan and that permanent custody by the department was in the best interest of the children.”
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