When Can Children Services Remove a Child from a Parent in Ohio? A Closer Look at the Law and Real-Life Tragedies

Recent tragedies in Franklin County, Ohio, have brought urgent attention to the processes and limitations of child welfare interventions. Within one month, two young children, 4-year-old Ja’Kai Smith and 6-year-old Eva Bretz lost their lives, allegedly at the hands of their parents or caregivers. Both children had prior involvement with Franklin County Children Services (FCCS), raising difficult questions: When can Children Services intervene? What does Ohio law actually say about removing a child from their parents?

The Legal Threshold for Removing a Child

Under Ohio law, removing a child from their home is considered a serious and often last-resort action. However, child protective agencies like FCCS are empowered to act immediately when a child faces imminent danger or has already suffered harm.

A children’s services agency can take emergency custody of a child without prior court approval if any of the following criteria are met:

• The child is injured or ill and not receiving proper care.

• The child is in immediate danger due to their surroundings.

• A sibling or another child in the household has been abused by the caregiver.

• The child has run away from their caregiver.

• The conduct or conditions in the home endanger the child’s health or safety.

• There is a belief the child will be removed from the court’s jurisdiction or not appear at future court proceedings.

In such cases, the agency may obtain a temporary emergency custody order from the court. A hearing must follow shortly after, where a judge decides whether the child should remain in agency custody, be placed with a relative, or returned to the caregiver.

From Emergency Custody to Permanent Custody

Once a child is removed from their home, the case typically progresses through a structured legal pathway:

1. Temporary Custody: Initially granted for up to 12 months, with the possibility of two six-month extensions.

2. Case Plan: Parents are usually given a plan that outlines steps to reunification, including parenting classes, substance abuse treatment, or improved living conditions.

3. Periodic Review Hearings: Courts monitor progress toward reunification, assessing whether the parent is complying with the plan and if the child’s return is safe.

4. Permanent Custody: If after the full timeframe the child cannot be safely returned, the court may grant permanent custody to the agency—paving the way for adoption.

To terminate parental rights permanently, Ohio law requires clear and convincing evidence that:

• The parent has failed to comply with the reunification plan.

• The parent has a chronic illness, mental health condition, or addiction that prevents adequate care.

• The parent has abused or neglected the child or a sibling.

• The parent has abandoned the child or had minimal contact.

• The parent is incarcerated and unable to care for the child for 18+ months.

• The child has been in agency custody for 12 out of the past 22 months.

Importantly, the court must also consider the best interests of the child, a holistic assessment that includes the child’s need for permanency, the bond with the caregiver, and the likelihood of a safe return home.

The Reality of Delayed Intervention

The recent deaths of Ja’Kai Smith and Eva Bretz highlight the difficult balance child welfare caseworkers face: protecting children from harm without overstepping parental rights or acting prematurely.

In Ja’Kai’s case, FCCS had received a hotline report of neglect not physical abuse, just three weeks before his death. A caseworker met with Ja’Kai and his mother at their Reynoldsburg apartment and continued to investigate. Tragically, the child died on April 10, allegedly at the hands of his mother and her boyfriend. Both face multiple charges, including aggravated murder and child endangerment.

Eva Bretz had been intermittently involved with Children Services since birth. Her mother, now charged with murder, reportedly had a troubling history, including other children who are now under FCCS oversight.

These cases raise a critical question: Is the legal threshold for removal too high? Or are systemic limitations, such as underfunded agencies, overworked caseworkers, and insufficient community supports creating fatal delays in intervention?

Who Can Report Abuse and How?

In Ohio, anyone can and should report suspected child abuse or neglect. The statewide hotline is 855-O-H-CHILD (855-642-4453). Reports can be made anonymously.

• There are also mandated reporters, individuals legally required to report suspicions, including teachers, doctors, nurses, social workers, and law enforcement officers.

In Franklin County specifically, reports can also be made through the 24/7 hotline at 614-229-7000.

Reports are assessed, and if they meet the criteria for investigation, a caseworker is assigned to conduct home visits, interviews, and risk assessments.

A System in Crisis

Franklin County Children Services supports more than 26,000 children annually, with over 1,500 referrals for case management in 2023 alone. Yet, every tragic death, especially one with prior agency involvement can feel like an indictment of the system itself.

The truth is more complex. Child welfare agencies operate within a legal framework designed to protect both children and families and removing a child requires a burden of proof, not just suspicion. The goal is always reunification when safe and possible, but that goal must never outweigh a child’s right to live free from harm.

Conclusion

Ohio’s child protection laws are meant to balance the fundamental rights of parents with the critical need to protect children. While the legal framework provides a pathway for removal, real-world execution depends on human judgment, system capacity, and timely action.

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