Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-42 - Substitute Care › Section 5101:2-42-95 - Obtaining permanent custody: termination of parental rights

Current through all regulations passed and filed through July 1, 2024
(A) Unless the
			 public children services agency (PCSA) or private child placing agency (PCPA)
			 has compelling reasons for not pursuing a request for permanent custody of a
			 child, the agency, pursuant to section
			 2151.413 of the Revised Code,
			 shall petition the court that issued the current order of disposition to
			 request permanent custody of a child when any of the following conditions are
			 present:
(1) A court of competent
			 jurisdiction has determined that the parent from whom the child was removed
			 has:
(a) Been convicted of or pleaded guilty
			 to one of the following:
(i) An offense under
			 section 2903.01 (aggravated murder),
			 2903.02(murder),
			 or 2903.03 (voluntary manslaughter)
			 of the Revised Code or under existing or former law of this state, another
			 state, or the United States that is substantially equivalent to an offense
			 described in those sections and the victim was a sibling of the child or the
			 victim was another child who lived in the parent's household at the time of the
			 offense.
(ii) An offense under
			 section 2903.11 (felonious assault),
			 2903.12 (aggravated assault), or
			 2903.13(assault)
			  of the Revised Code or under existing or
			 former law of this state, any other state, or the United States that is
			 substantially equivalent to an offense described in those sections and the
			 victim of the offense is the child, a sibling of the child, or another child
			 who lived in the parent's household at the time of the offense.
(iii) An offense under division (B)(2) of
			 section 2919.22 (endangering children)
			 of the Revised Code or under existing or former law of this state, any other
			 state, or the United States that is substantially equivalent to the offense
			 described in that section and the victim of the offense is the child, a sibling
			 of the child, or another child who lived in the parent's household at the time
			 of the offense.
(iv) An offense
			 under section 2907.02(rape),
			 2907.03 (sexual battery),
			 2907.04 (unlawful sexual conduct
			 with a minor), 2907.05 (gross sexual
			 imposition), or 2907.06 (sexual imposition) of
			 the Revised Code or under existing or former law of this state, any other
			 state, or the United States that is substantially equivalent to an offense
			 described in those sections and the victim of the offense is the child, a
			 sibling of the child, or another child who lived in the parent's household at
			 the time of the offense.
(v)
											An offense under section
			 2905.32(trafficking),
			 2907.21 (compelling
			 prostitution), and 2907.22 (promoting prostitution)
			 of the Revised Code or under an existing or former law of this state, any other
			 state, or the United States that is substantially equivalent to the offense
			 described in that section and the child, a sibling of the child, or another
			 child who lived in the parent's household at the time of the offense is the
			 victim of the offense;
(vi) A conspiracy or
			 attempt to commit, or complicity to committing, an offense described in
			 paragraph (A)(1)(a)(i), (A)(1)(a)(iv) or (A)
			 (1)(a)(v)
			 of this rule.