Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-53 - Indian Child Welfare Act › Section 5101:2-53-06 - Emergency removal and involuntary custody of Indian children

Current through all regulations passed and filed through July 1, 2024
(A) A public children services agency (PCSA)
			 can take emergency protective custody of any Indian child pursuant to paragraph
			 (C) of rule
			 5101:2-39-01 of the
			 Administrative Code regardless of the jurisdictional status of his or her tribe
			 as long as the child is in danger of imminent physical damage or
			 harm.
(B) When emergency removal of
			 a child from his or her own home is necessary, the PCSA shall consider the
			 child's racial or ethnic background to determine whether the child may be an
			 Indian child. In such cases where the circumstances during the removal are not
			 favorable to identify or inquire if a child is an Indian child, upon the
			 agency's initial contact the case worker shall take the required steps to
			 determine the Indian status of eligibility and membership. The agency shall act
			 in accordance with the requirements set forth in paragraph (B) of rule
			 5101:2-53-03 of the
			 Administrative Code.
(C) Any
			 emergency removal or placement of an Indian child shall terminate immediately
			 when the removal or placement is no longer necessary to prevent imminent
			 physical damage or harm to the child.
(D) A petition for a court order authorizing
			 the emergency removal or continued emergency placement should contain a
			 statement of the risk of imminent physical damage or harm to the Indian child
			 and any evidence that the emergency removal or placement continues to be
			 necessary to prevent such imminent physical damage or harm to the child. The
			 petition or its accompanying documents should also contain the following
			 information:
(1) The name, age, and last known
			 address of the Indian child;
(2)
			 The name and address of the child's parents and Indian custodians, if
			 any;
(3) The steps taken to provide
			 notice to the child's parents, custodians, and tribe about the emergency
			 proceeding;
(4) If the child's
			 parents and Indian custodians are unknown, a detailed explanation of what
			 efforts have been made to locate and contact them, including contact with the
			 the regional office of the bureau of Indian affairs (BIA) at the following
			 address: "Minneapolis Regional Director, Bureau of Indian
			 Affairs, 5600
			 American Blvd. W, Ste. 500, Bloomington, MN 55437";
(5) The residence and the domicile of the
			 Indian child;
(6) If either the
			 residence or the domicile of the Indian child is believed to be on a
			 reservation or in an Alaska native village, the name of the tribe affiliated
			 with that reservation or village;
(7) The tribal affiliation of the child and
			 of the parents or Indian custodians;
(8) A specific and detailed account of the
			 circumstances that led the agency responsible for the emergency removal of the
			 child to take that action;
(9) If
			 the child is believed to reside or be domiciled on a reservation where the
			 tribe exercises exclusive jurisdiction over child custody matters, a statement
			 of efforts that have been made and are being made to contact the tribe and
			 transfer the child to the tribe's jurisdiction; and
(10) A statement of the efforts that have
			 been taken to assist the parents or Indian custodians so the Indian child may
			 safely be returned to their custody.