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Ohio Laws and Rules
This rule contains definitions of terms used in Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code and in rules 5101:2-33-20, 5101:2-33-21, 5101:2-33-23, 5101:2-33-28, 5101:2-39-01, 5101:2-39-02, and 5101:2-40-02 of the Administrative Code.
(A) “Abused child,” pursuant to section 2151.031 of the Revised Code, includes any child who:
(1) Is the victim of sexual activity as defined under Chapter 2907. of the Revised Code, where such activity would constitute an offense under Chapter 2907. of the Revised Code except that the court need not find that any person has been convicted of the offense in order to find that the child is an abused child.
(2) Is endangered as defined in section 2919.22 of the Revised Code, except that the court need not find that any person has been convicted under section 2919.22 of the Revised Code in order to find that the child is an abused child.
(3) Exhibits evidence of any physical or mental injury or death, inflicted other than by accidental means, or an injury or death which is at variance with the history given of it. Except as provided in this definition, a child exhibiting evidence of corporal punishment or other physical disciplinary measure by a parent, guardian, custodian, person having custody or control, or person in loco parentis of a child is not an abused child under this definition if the measure is not prohibited under section 2919.22 of the Revised Code.
(4) Because of the acts of his parents, guardian, or custodian, suffers physical or mental injury that harms or threatens to harm the child’s health or welfare.
(5) Is subjected to out-of-home care child abuse.
(B) “Allegation” means a described set of circumstances which asserts the occurrence of child abuse, neglect, or dependency.
(C) “Alleged child victim” means a child suspected of being or at risk of becoming abused and/or neglected.
(D) “Alleged perpetrator” is the individual suspected of being responsible for the abuse or neglect of a child.
(E) “Anonymous reporter” is an unidentified person making a report of alleged child abuse or neglect.
(F) “Assessment/investigation” means a fact-finding process which includes interviews, observations, and other forms of information gathering. Information collected during the assessment/investigation provides data upon which to make a disposition regarding a report of alleged child abuse or neglect.
(G) “Assessment of safety” or “re-assessment of safety” means the ongoing process of evaluating safety threats, protective capacities, and child vulnerability to determine the appropriate safety response.
(H) “Assessment of risk” or “re-assessment of risk” means the ongoing process of classifying a family based upon the family’s characteristics and how likely the family is to maltreat or re-maltreat a child(ren).
(I) “Case” means the composition of individuals grouped together for the purpose of providing and/or supervising, and recording public children services agency (PCSA) services. The group of individuals are associated to one case reference name and one case number.
(J) “Case decision” means the PCSA’s determination of whether the case should be closed or continued for ongoing PCSA services.
(K) “Case disposition” means the determination of whether or not abuse or neglect has occurred or is occurring and reflects the highest report disposition in the following ranking order from highest to lowest:
(1) Substantiated.
(2) Indicated.
(3) Unsubstantiated.
(4) Family moved – unable to complete assessment/investigation.
(5) Family moved out of county – refer to appropriate PCSA.
(6) Unable to locate.
(L) “Case evaluation” means the analysis of social, environmental and interactional information gathered during the assessment/investigation of child abuse or neglect for the purpose of making a report disposition/resolution, and developing a case plan, when necessary.
(M) “Case members” means the persons associated to a case for the purpose of provision of child protective services.
(N) “Case record” means the permanent documentation of the assessment/investigation and the provision of social services to families and children maintained as hard copy files, electronic files, or as a combination of both.
(O) “Child subject of the report” refers to the child identified as the subject requiring an assessment or services in a dependency or family in need of services report.
(P) “Child vulnerability” means the degree to which a child can avoid or modify the impact of safety threats or risk concerns.
(Q) “Collateral source” means a person who provides or documents information concerning child abuse, neglect, or dependency but is not a principal to the case or witness.
(R) “Comprehensive Assessment and Planning Model – Interim Solution” means a strength based and family centered model used to support and document critical child protection decisions regarding child safety, risk of child maltreatment, family functioning, and a family’s ability to resolve concerns.
(S) “Control” means the focus of the safety plan, in response to any child in immediate danger of serious harm, which serves to manage immediate safety threats and supplement protective capacities.
(T) “Courtesy supervision” means a type of family in need of services report in which a request is made by a PCSA or child services agency (CSA) to another PCSA for assistance in providing protective services to a family who is residing in the jurisdiction of the second PCSA.
(U) “Credible information” means information worthy of belief.
(V) “Danger” means the likelihood of serious harm to a child precipitated by one or more currently active safety threats and arising from insufficient protective capacities.
(W) “Emergency” means a situation where there is reason to believe that a child is threatened or alleged to be abused, neglected, or dependent to an extent that the child is in immediate danger of serious harm.
(X) “Exigent circumstances” means an emergency resulting from the conduct, conditions, or surroundings of the children that would endanger their health, welfare, or safety and demands immediate action by the PCSA.
(Y) “Family in need of services” means an intake category in which a request has been made for a PCSA to provide or Ohio department of job and family services (ODJFS) to facilitate one or more of the following types of services to a family:
(1) Adoption subsidy only.
(2) Child fatalities that are not a result of abuse or neglect.
(3) Courtesy supervision.
(4) Deserted child.
(5) Emancipated youth.
(6) Home evaluations/visitation assessments.
(7) Interstate compact on adoption and medical assistance (ICAMA).
(8) Interstate compact on the placement of children (ICPC).
(9) Permanent surrender.
(10) Post-finalization services.
(11) Postnatal placement services to infants of incarcerated mothers.
(12) Preventive services.
(13) Required non-lead PCSA interviews.
(14) Stranger danger investigations.
(15) Unruly or delinquent youth.
(Z) “Family moved – unable to complete assessment/investigation” means the report disposition when a PCSA cannot confirm or deny child abuse or neglect allegations based upon a full assessment/investigation because the family moved after the PCSA made contact with the family but the family’s current whereabouts are unknown.
(AA) “Family moved out of the county – refer to appropriate PCSA” means the report disposition when a PCSA cannot confirm or deny child abuse or neglect allegations based upon a full assessment/investigation because the family moved out of the county after the PCSA made contact with the family but prior to completion of the assessment/investigation, the family’s current whereabouts are known, and the PCSA has made a child abuse or neglect referral to the PCSA is the county where the family is currently residing.
(BB) “Harm” (for the purpose of utilizing the “Comprehensive Assessment and Planning Model – Interim Solution”) means the consequence of maltreatment and refers to the nature of the injury or trauma affecting the child.
(CC) “Home evaluation/visitation assessments” means a type of family in need of services intake. A home evaluation means the collection of information requested by a court, other PCSA, or CSA regarding a prospective caregiver and his/her ability to provide care to a child. A visitation assessment means a summary of information regarding visitations between the child(ren) and parent or other individual(s) as ordered by a court or requested by a PCSA.
(DD) “Indicated” means the report disposition in which there is circumstantial or other isolated indicators of child abuse or neglect lacking confirmation; or a determination by the caseworker that the child may have been abused or neglected based upon completion of an assessment/investigation.
(EE) “Information and referral services,” means services which may assist any person in locating or using available and appropriate resources or both.
(FF) “Information and/or referral” means an intake category in which information is provided to any person to assist in locating or using available and appropriate resources or both.
(GG) “In-home safety plan” is a voluntary safety plan developed with a family in response to an active safety threat. It is designed to enable a child to remain in his or her own home. An in-home safety plan is the least restrictive type of safety plan.
(HH) “Intake” means a function of the PCSA through which referrals of: alleged child abuse, neglect, dependency and family in need of services are received, screened, and prioritized; and information and/or referral is categorized.
(II) “Intake category” means each of the following divisions for the classification of referral information:
(1) “Child Abuse/Neglect” means an abused child as defined in this rule or a neglected child as defined in rule 5101:2-1-01 of the Administrative Code.
(2) “Dependency” means a dependent child as defined in rule 5101:2-1-01 of the Administrative Code.
(3) Family in need of services.
(4) Information and/or referral.
(JJ) “Intra-familial assessment/investigation” means an assessment/investigation conducted by a PCSA in response to a child abuse and/or neglect report and includes an alleged perpetrator who is one or more of the following:
(1) Is a member of the alleged child victim’s family.
(2) Has sanctioned or continued access to the alleged child victim.
(3) Is involved in daily or regular care for the alleged child victim, excluding a person responsible for the care of a child in an out-of-home care setting.
(KK) “Neglected child” pursuant to Chapter 2151. of the Revised Code includes any child:
(1) Who is abandoned by the child’s parents, guardian, or custodian.
(2) Who lacks adequate parental care because of the faults or habits of the child’s parents, guardian, or custodian.
(3) Whose parents, guardian, or custodian neglects the child or refuses to provide proper or necessary subsistence, education, medical or surgical care or treatment, or other care necessary for the child’s health, morals, or well being.
(4) Whose parents, guardian, or custodian neglects the child or refuses to provide the special care made necessary by the child’s mental condition.
(5) Whose parents, legal guardian, or custodian have placed or attempted to place the child in violation of sections 5103.16 and 5103.17 of the Revised Code.
(6) Who, because of the omission of the child’s parents, guardian, or custodian, suffers physical or mental injury harming or threatening to harm the child’s health or welfare.
(7) Who is subject to out-of-home care child neglect.
(8) Nothing in Chapter 2151. of the Revised Code shall be construed as subjecting a parent, guardian, or custodian of a child to criminal liability when soley in the practice of religious beliefs, the parent, guardian, or custodian fails to provide adequate medical or surgical care of treatment for the child.
(LL) “Out-of-home care child abuse” pursuant to section 2151.011 of the Revised Code, means any of the following when committed by a person responsible for the care of a child in out-of-home care:
(1) Engaging in sexual activity with a child in the person’s care.
(2) Denial to a child, as a means of punishment, of proper or necessary subsistence, education, medical care, or other care necessary for a child’s health.
(3) Use of restraint procedures on a child that cause injury or pain.
(4) Administration of prescription drugs or psychotropic medication to the child without the written approval and ongoing supervision of a licensed physician.
(5) Commission of any act, other than by accidental means, that results in any injury to or death of the child in out-of-home care or commission of any act by accidental means that results in an injury to or death of a child in out-of-home care and that is at variance with the history given of the injury or death.
(MM) “Out-of-home care child neglect,” pursuant to section 2151.011 of the Revised Code, means any of the following when committed by a person responsible for the care of a child in out-of-home care:
(1) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child.
(2) Failure to provide reasonable supervision according to the standards of care appropriate to the age, mental and physical condition, or other special needs of the child, that results in sexual or physical abuse of the child by any person.
(3) Failure to develop a process for all of the following:
(a) Administration of prescription drugs or psychotropic drugs for the child.
(b) Assuring that the instructions of the licensed physician who prescribed a drug for the child are followed.
(c) Reporting to the licensed physician who prescribed the drug all unfavorable or dangerous side effects from the use of the drug.
(4) Failure to provide proper or necessary subsistence, education, medical care, or other individualized care necessary for the health or well-being of the child.
(5) Confinement of the child to a locked room without monitoring by staff.
(6) Failure to provide ongoing security for all prescription and nonprescription medication.
(7) Isolation of a child for a period of time when there is substantial risk that the isolation, if continued, will impair or retard the mental health or physical well-being of the child.
(NN) “Out-of-home safety plan” is a voluntary safety plan developed with a family in response to an active safety threat. It is designed to enable a child to remain in the legal custody of his parent, guardian, or custodian while residing with a relative or kin outside of his or her own home.
(OO) “Preventive services” means a type of family in need of services intake which describes services provided by the PCSA aimed at promoting awareness or preventing child abuse and neglect which have been requested by and provided to children and families who have no current allegations of child abuse, neglect, or dependency.
(PP) “Principals of the report” are the alleged child victim, the parent or caretaker, and the alleged perpetrator.
(QQ) “Protective capacities” means family strengths or resources that reduce, control, or prevent threats of serious harm from arising or having an unsafe impact on a child.
(RR) “Protective services alert” means a notice prepared by a PCSA or CSA which contains allegations that a child may be at risk of abuse or neglect, when the current whereabouts of the child and caretaker are unknown.
(SS) “Protective supervision,” pursuant to section 2151.01 of the Revised Code, means an order of disposition pursuant to which the court permits an abused, neglected, dependent, or unruly child to remain in the custody of the child’s parent, guardian, or custodian and stay in the child’s own home, subject to any conditions and limitations upon the child, the child’s parents, guardian, or custodian, or any other person that the court prescribes, including supervision as directed by the court for the protection of the child.
(TT) “Referral” means an allegation of child abuse, neglect, or dependency; or information regarding a family in need of services made orally or in writing. It includes, but is not limited to, allegations involving individuals, families, and out-of-home care settings.
(UU) “Referent/reporter” means a person making a referral of child abuse, neglect, dependency, or family in need of services.
(VV) “Report” means a referral accepted by the PCSA as a result of the screening decision for PCSA assessment/investigation, services, and/or intervention.
(WW) “Report disposition” means one of the following determinations of whether a report of abuse or neglect has occurred or is occurring specific to an alleged child victim:
(1) Family moved – unable to complete assessment/investigation.
(2) Family moved out-of-county – refer to appropriate PCSA.
(3) Indicated.
(4) Substantiated.
(5) Unable to locate.
(6) Unsubstantiated.
(XX) “Report members” means all of the following individuals: principals of the report; sibling(s) of the alleged child victim(s), including half or step siblings, residing in the home; paramour of alleged child victim’s parent/caretaker; children of the paramour residing in the home; and related or non-related adult(s) residing in the home that have routine responsibility for child care of the alleged child victim(s) and his/her sibling(s).
(YY) “Required non-lead PCSA interviews” means a type of family in need of services intake in which interviews of principals and collateral sources are conducted as requested by a PCSA or CSA on behalf of the lead PCSA as required by rules 5101:2-36-03, 5101:2-36-04, and 5101:2-36-09 of the Administrative Code.
(ZZ) “Risk assessment” means a systematic decision making process to determine the safety and protection of the child, used throughout the life of a case.
(AAA) “Safe child” means the safety response when there are no immediate threats of serious harm present or the protective capacities of the family can manage any identified threats to a child.
(BBB) “Safety plan” means a specific and concrete strategy for controlling threats of serious harm to a child(ren) or supplementing protective capacities, which is implemented immediately when a family’s protective capacities are not sufficient to manage immediate and serious threats of harm.
(CCC) “Safety response” means the determination of whether a child is safe or whether a PCSA must implement a safety plan to control any identified safety threat. The types of safety responses are safe, in-home safety plan, out-of-home safety plan, or legally authorized out-of-home placement.
(DDD) “Safety threat” means an act or condition that has the capacity to seriously harm any child.
(EEE) “Screening” means the process of receiving and recording information from a referent to determine one or both of the following:
(1) Whether the information provided should be categorized as a referral of child abuse and/or neglect, dependency, or family in need of services; or as an information and/or referral intake.
(2) Whether the information categorized as a referral of child abuse and/or neglect, dependency, or family in need of services should be screened in or screened out.
(FFF) “Screening decision” means the outcome of the screening process.
(GGG) “Screened in” means the PCSA’s decision to accept a referral categorized as child abuse and/or neglect, dependency, or family in need of services as a report, and assign it for further assessment/investigation.
(HHH) “Screened out” means the PCSA’s decision to decline a referral categorized as child abuse and/or neglect, dependency, or family in need of services, and not assign it for further assessment/investigation.
(III) “Serious harm” means the actual or threatened consequence of an active safety threat that may be significantly affected by a child’s degree of vulnerability and includes one or more of the following:
(1) Is life-threatening.
(2) Substantively retards the child’s mental health or development.
(3) Produces substantial physical suffering, disfigurement or disability, whether permanent or temporary.
(JJJ) “Specialized assessment/investigation” means an assessment/investigation conducted by the PCSA in response to a child abuse or neglect report and includes an alleged perpetrator who meets one or more of the following criteria:
(1) ) Is responsible for the alleged child victim’s care in an out-of-home care setting as defined in rule 5101:2-1-01 of the Administrative Code.
(2) Is a person responsible for the alleged child victim’s care in out-of-home care as defined in section 2151.01.1 of the Revised Code.
(3) Has access to the alleged child victim by virtue of his/her employment by or affiliation with an institution.
(KKK) “Stranger danger investigation” means a family in need of services intake requiring a report disposition which alleges a criminal act against a child of assault or sexual activity as defined under Chapter 2907. of the Revised Code and includes an alleged perpetrator who is all of the following:
(1) Is not a member of the alleged child victim’s family.
(2) Has no sanctioned or continued access to the alleged child victim.
(3) Has no relationship with the alleged child victim and family.
(4) Is not involved in daily or regular out-of-home care for the alleged child victim.
(LLL) “Substantiated report” means the report disposition in which there is an admission of child abuse or neglect by the person(s) responsible; an adjudication of child abuse or neglect; or other forms of confirmation deemed valid by the PCSA.
(MMM) “Third party” means the requirement that a PCSA request the assistance of law enforcement or another PCSA or both when conducting an assessment/investigation due to the potential conflict of interest a PCSA may have assessing/investigating an entity.
(NNN) “Unable to locate” means the report disposition in which the assessment/investigation was not completed due to the inability to make contact with the family.
(OOO) “Unsubstantiated report” means the report disposition in which the assessment/ investigation determined no occurrence of child abuse or neglect.
(PPP) “Witness” means a person who has direct knowledge of the alleged abuse and/or neglect of a child
(QQQ) “Working day” means the regular days on which work is performed by the PCSA generally seen as Monday through Friday excluding legal holidays.
Effective: 10/01/2009
R.C. 119.032 review dates: 03/01/2011
Promulgated Under: 119.03
Statutory Authority: 2151.412, 2151.421, 5103.03, 5153.166
Rule Amplifies: 2151.01, 2151.011, 2151.031, 5103.03, 5153.16
Prior Effective Dates: 3/1/06