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How to prepare Temporary Custody Agreement

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FAQ - Temporary Custody Agreement

What is the purpose of Temporary Custody Agreement?
It was designed to make it easier for an individual to obtain emergency protective custody in the event of an attack, where there may be substantial risk to himself, the immediate family, or the public of violence and where the court deems immediate protective custody to be the best and most effective alternative to the surrender of legal custody. During the course of the interview we determined this person to be a person who poses a direct risk to the physical safety of himself, his immediate family, or the public, that there is a potential for conflict with family or other intimate partners, or that his current residence may be unstable or unsafe. We believed that this court was qualified to order temporary protective custody of this person based on the facts and circumstances as we understand them. How would a Temporary Custody Agreement be administered? The court will appoint one or more family members to act as mediators. The mediators will be experienced, independent and unbiased. For every court that has issued a Temporary Custody Agreement, and every court which has issued a “Statement of Intent to Waive Adjudication of Parental Rights,” a Family Court Appointment (FCA) number must be entered on the Temporary Custody Agreement. The FCA number must appear on the same page as the signed agreement. For cases that have been filed electronically through the Ohio Department of Unified Development, we have provided a template (posted and available on our website) for filing the Temporary Custody Agreement electronically. For cases not filed electronically, the court will assign a court administrator to file the Agreement. On the front page, under the heading “Appointment of Family Member(s),” a line will typically appear that states “Appointment of Family Member(s) — The Family Court Appointment/Authorization (FCA (4)/1A).” The FCA # must be entered for each appointing family member on a separate page on the agreement. In the template included on our website, a separate FCA, #, #, #, # will appear on the agreement, and the template has also been included with the templates for filing electronically. A page on the agreement will have been provided by the court, and has a space where additional information is sought. For example, if the court requires the signing of a written statement at the time the person is appointed as protected person, this information must be provided alongside the Temporary Custody Agreement.
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