(A) The department of job and family services shall adopt rules in accordance with Chapter 119 of the Revised Code to establish and enforce a foster youth bill of rights for individuals who are in the temporary or permanent custody of a public children services agency or a planned permanent living arrangement or in the Title IV-E eligible care and placement responsibility of a juvenile court or other governmental agency that provides Title IV-E reimbursable placement services and who are subject to out-of-home care or placed with a kinship caregiver as defined in section 5101.85 of the Revised Code.

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Terms Used In Ohio Code 2151.316

  • 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. See Ohio Code 2151.011

  • 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 day-care centers, type A family day-care homes, type B family day-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. See Ohio Code 2151.011
  • 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. See Ohio Code 2151.011
  • 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. See Ohio Code 2151.011

(B) If the rights of an individual, as established under division (A) of 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 of the individual shall preempt the rights of the resource family or resource caregiver.

(C) The rights established by rules under this section shall not create grounds for a civil action against the department, the recommending agency, or the custodial agency.

Last updated September 9, 2021 at 12:15 PM