Ohio Code 2151.361 – Order requiring parents to pay support where adopted child is placed into temporary custody or committed
(A) If the parents of a child enter into an agreement with a public children services agency or private child placing agency to place the child into the temporary custody of the agency or the child is committed as provided by this chapter, the juvenile court, at its discretion, may issue an order pursuant to Chapters 3119., 3121., 3123., and 3125. of the Revised Code requiring that the parents pay for the care, support, maintenance, and education of the child if the parents adopted the child.
Terms Used In Ohio Code 2151.361
- Child: means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated an unruly child shall be deemed a "child" until the person attains twenty-one years of age. See Ohio Code 2151.011
- 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
- Private child placing agency: means any association, as defined in section 5103. See Ohio Code 2151.011
- Temporary custody: means legal custody of a child who is removed from the child's home, which custody may be terminated at any time at the discretion of the court or, if the legal custody is granted in an agreement for temporary custody, by the person who executed the agreement. See Ohio Code 2151.011
(B) When determining whether to issue an order under division (A) of this section, the juvenile court shall consider all pertinent issues, including, but not limited to, all of the following:
(1) The ability of the parents to pay for the care, support, maintenance, and education of the child;
(2) The chances for reunification of the parents and child;
(3) Whether issuing the order will encourage the reunification of the parents and child or undermine that reunification;
(4) Whether the problem underlying the agreement to place the child into temporary custody existed prior to the parents’ adoption of the child and whether the parents were informed of the problem prior to that adoption;
(5) Whether the problem underlying the agreement to place the child into temporary custody began after the parents’ adoption of the child;
(6) Whether the parents have contributed to the child’s problems;
(7) Whether the parents are part of the solution to the child’s problems;
(8) The ability of the parents to meet the needs of all other children residing in the home.