(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 (2007).
In re C.F., 113 Ohio St. 3d 73 (2007). · cites it 16ד“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 (2004). · cites it 9ד414(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 18דThe 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. · cites it 11ד419, 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. · cites it 10ד419 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 6דSubsection (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. · cites it 14דPursuant 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. 7th Dist. 2001). · cites it 4דUpon 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. · cites it 5דIn 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. · cites it 5ד{¶ 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. · cites it 5ד{¶ 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, 159 N.E.3d 241. · cites it 4דunder 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 the Matter of Nice, 751 N.E.2d 552 (Ohio Ct. App. 7th Dist. 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 (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. “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. 2d Dist. 1995).
In re C.F., 113 Ohio St. 3d 73 (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, 159 N.E.3d 241. “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 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…”
In re R.T., 2016-Ohio-8490. “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 J.H., 2016-Ohio-640. “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 (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 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 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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