To terminate parental rights in Ohio, you use one of two sets of forms depending on whether the termination is voluntary or contested. A voluntary surrender runs on JFS Form 01666 (Permanent Surrender of Child), signed with a public or private children services agency and then filed with the juvenile court. A contested termination runs on a Motion for Permanent Custody filed under Ohio Revised Code 2151.413 inside an existing abuse, neglect, or dependency case. Both paths end in the juvenile court of the county where the child resides, and both end the same way: once the judge signs the final order, the parent loses all legal rights and responsibilities, and the child becomes eligible for adoption.
Which Form Applies to Your Situation
The first thing to sort out is which track you are on, because the paperwork is not interchangeable.
If a parent agrees that adoption is in the child’s best interest and wants to give up rights voluntarily, the form is JFS 01666. It is signed through a children services agency, not filed directly by the parent as a standalone court document.
If a parent does not consent and an agency (or another authorized party) wants the court to end their rights, the filing is a Motion for Permanent Custody. This motion goes into an already-open case where the child is in the agency’s temporary custody. It is not a form you file to start a case from scratch.
If you received notice that someone else filed a Motion for Permanent Custody about your child, you are not the one filing forms to begin this process. Your next step is requesting appointed counsel and preparing to respond, which is covered further down.
JFS 01666: Voluntary Permanent Surrender
JFS 01666 is titled “Permanent Surrender of Child,” and it is the standard agreement used when a parent, guardian, or other person with custody surrenders permanent custody to a public children services agency (PCSA) or private child placing agency (PCPA).1Ohio Legislative Service Commission. Ohio Administrative Code 5180:3-13-09 – Acceptance of Permanent Custody by Permanent Surrender Parents whose child is already in an agency’s temporary custody can also use it.2Ohio Legislative Service Commission. Ohio Revised Code 5103.15 – Agreements for Temporary Custody
Two timing rules matter. The form cannot be signed until at least 72 hours after the child’s birth. And the final Ohio Putative Father Registry search cannot happen until at least 16 days after the child’s birth, with the registry’s response filed with the court before any adoption decree issues.3Ohio Legislative Service Commission. Ohio Administrative Code 5180:2-48-02 – Putative Father Registry The registry search does not apply if the mother was married at the child’s birth or conception, if a legal father has already been established, or if the agency already holds permanent custody under Chapter 2151.
Once JFS 01666 is signed, the agency files it with the juvenile court in the county where the child resides or has legal settlement, along with an original or amended case plan. The court has 14 business days to review the agreement and decide whether it serves the child’s best interest.2Ohio Legislative Service Commission. Ohio Revised Code 5103.15 – Agreements for Temporary Custody
There is a narrow exception for infants under six months old. A private child placing agency can accept a permanent surrender without prior court approval if the sole purpose is adoption. The agency notifies the juvenile court within two business days of the agreement, and again within two business days of placing the child for adoption.
Motion for Permanent Custody: Contested Terminations
When a parent does not consent, the filing is a Motion for Permanent Custody under ORC 2151.413. The motion triggers a hearing under ORC 2151.414, and the court can grant permanent custody only if it finds by clear and convincing evidence that termination is in the child’s best interest and that at least one statutory ground applies.
The most common grounds under ORC 2151.414(B)(1) are:
- The child has spent 12 or more months of a consecutive 22-month period in the temporary custody of one or more agencies.
- The child has been abandoned by the parent.
- The child is orphaned and no relatives can take permanent custody.
- The child, or another child in the parent’s custody, has been adjudicated abused, neglected, or dependent on three separate occasions.
- The child cannot be placed with either parent within a reasonable time or should not be placed with the parents.
The motion must clearly state which statutory grounds apply, identify all parties, and carry the case number from the existing abuse, neglect, or dependency proceeding. A motion filed without an existing case number, or filed as a standalone complaint when a case is already open, will come back from the clerk’s office.
Supporting Documents You Will Need
Both filing tracks need more than the main form. Missing or inaccurate details are one of the fastest ways to have paperwork bounced.
You need the child’s full legal name, date of birth, and current address. You need names and last known addresses for all legal parents and any putative (alleged) fathers, so the court can give notice to everyone with a legal interest. For involuntary motions, you need to identify the specific statutory grounds under ORC 2151.414(B)(1) and be ready with supporting evidence. And an original or amended case plan prepared under ORC 2151.412 must accompany any filing for permanent custody.
UCCJEA Affidavit
Ohio requires a Uniform Child Custody Jurisdiction and Enforcement Act affidavit under R.C. 3127.23 in custody-related proceedings. It tracks where the child has lived for the past five years, identifies every person the child has lived with in that time, and discloses whether any other custody proceedings involving the child are pending in another state. The affidavit lets the court decide whether Ohio has jurisdiction. Your county juvenile court will have its own local version; check the court’s website or clerk’s office for the exact form your county uses.
Notarizing and Filing
Ohio juvenile courts generally require filings to be signed under oath. For JFS 01666, that means signing in front of a notary public. Many juvenile courts offer free notary services on site. Montgomery County Juvenile Court, for example, provides walk-in and appointment-based notary services through its Citizen Services office.5Montgomery County Juvenile Court. Citizen Services (Filing Without an Attorney) Bring a valid government-issued photo ID. Fill every field with current information; blank fields raise questions and delay processing.
Bring the original signed and notarized forms plus at least three copies to the Clerk of the Juvenile Court in the county where the child resides. The clerk will stamp the copies with the filing date and return them to you. If the case is new, the clerk assigns a case number at the filing window.
Filing fees vary by county. Hamilton County charges $200 for a new custody case and $150 for motions in an existing case.6Hamilton County Juvenile Court. Filing Fees and Forms Morgan County requires a $150 deposit for custody filings and motions to reopen.7Morgan County Juvenile Court. Juvenile Court – Fees and Deposits Plan for roughly $100 to $200 depending on your county and filing type. If you cannot afford the fee, the Ohio Supreme Court’s Form 20 (Civil Fee Waiver Affidavit) lets you request a waiver based on your income; you generally qualify if your gross income falls below 187.5% of the federal poverty guidelines. Ask the clerk for the form at the window.
Service on the Other Parties
After filing, the court must notify every person with a legal interest in the child. Under ORC 2151.29, service is made by delivering a copy of the summons to the person directly or leaving it at their usual residence.8Ohio Legislative Service Commission. Ohio Revised Code 2151.29 – Service of Process If personal delivery is impracticable, the judge may order service by registered or certified mail. When a party lives out of state at a known address, certified mail is the standard method.
When a party cannot be found after reasonable effort, the court can authorize service by publication in a newspaper of general circulation in the county. The published summons must state the substance of the case and the hearing date, which must be at least one week after publication. The clerk also mails the summons and complaint to the party’s last known address by certified mail unless that address is truly unknown.8Ohio Legislative Service Commission. Ohio Revised Code 2151.29 – Service of Process Publication is a last resort, not a shortcut.
What Happens After Filing
For a voluntary surrender, the court has 14 business days to review JFS 01666 and decide whether the surrender serves the child’s best interest. For a Motion for Permanent Custody, the court must hold the hearing within 120 days of filing. The judge can extend that for good cause, but the final order has to issue within 200 days of the motion’s filing date.4Ohio Legislative Service Commission. Ohio Revised Code 2151.414 – Hearing on Motion Requesting Permanent Custody
Right to Counsel
Parents facing termination have a right to an attorney in Ohio juvenile court proceedings under ORC 2151.352. If you cannot afford one, the court must appoint counsel. This is not a right to waive lightly. Termination is permanent, the procedural rules are technical, and the agency has its own legal team. If you receive notice of a hearing, contact the court about appointed counsel right away rather than waiting until the hearing date. Ohio courts have held that waiting until the last minute does not automatically count as a knowing waiver, but it complicates the case.
Two Federal Rules That Can Void a Termination
Two federal statutes add procedural requirements in specific cases, and skipping either one can void the termination order.
If the child is or may be a member of a Native American tribe, the Indian Child Welfare Act applies. Under 25 U.S.C. ยง 1912(a), the court must send notice by registered mail with return receipt requested to the parents, any Indian custodian, and the child’s tribe. If more than one tribe may claim the child, all tribes must be notified. The hearing cannot begin until at least 10 days after notice is received, and the parent, custodian, or tribe can request up to 20 additional days. ICWA also raises the evidentiary standard to proof beyond a reasonable doubt, supported by qualified expert testimony, that continued custody by the parent would likely cause serious emotional or physical harm to the child.9Office of the Law Revision Counsel. 25 USC 1912 – Pending Court Proceedings
If the parent is on active military duty, the Servicemembers Civil Relief Act blocks a default judgment without extra steps. The party filing for termination must submit an affidavit stating whether the parent is in the military. If the parent is serving, the court must appoint an attorney to represent them before going forward. If the servicemember cannot be reached, the court must postpone the case for at least 90 days.10Office of the Law Revision Counsel. 50 USC 3931 – Protection of Servicemembers Against Default Judgments A termination order entered in violation of SCRA can be reopened and set aside.
If You Want to Appeal
A parent who loses at the permanent custody hearing has 30 days from the date the order is entered to file a notice of appeal with the Ohio Court of Appeals.11Supreme Court of Ohio. Ohio Rules of Appellate Procedure The deadline is strict; missing it generally forfeits the right to appeal. The case goes to the district court of appeals for the county where the juvenile court sits. A further appeal to the Ohio Supreme Court has to be filed within 45 days of the appellate judgment.