Lawriter - OAC - 5101:2-20-04 Adult protective services case records.

5101:2-20-04 Adult protective services case records.

(A) Pursuant to section 5101.66 of the Revised Code, each county department of job and family services (CDJFS) or its designated agency shall develop, maintain, and permanently keep a case record for each adult who is the subject of a referral of abuse, neglect, or exploitation. This case record shall document all activities performed by the CDJFS or its designated agency from the time of receipt of the referral of abuse, neglect, or exploitation until the closing of the case.

(B) The CDJFS or its designated agency shall record all case record information in the Ohio database for adult protective services information system (ODAPS) maintained by the Ohio department of job and family services (ODJFS). The information contained in ODAPS will constitute the actual, official, and permanent case record.

(C) The case record shall contain all information, pictures, documents and communications pertaining to the investigation of a report of abuse, neglect, or exploitation, and the provision of services to alleviate any indicated concerns.

(D) The case record shall contain case notes which document chronologically all activities performed during the investigation, assessment, case planning, and provision of services. The case notes shall include but are not limited to:

(1) Phone calls.

(2) Personal interviews.

(3) Reason and date for adult protective service termination.

(4) Dates(s) of receipt and preparation of documentation or communication as specified in paragraph (C) of this rule.

(E) Each case record prepared, maintained and permanently kept in accordance with paragraphs (A) to (D) of this rule shall contain, but not be limited to, the following information, as applicable:

(1) Information on each referral received by the CDJFS, or its designated agency, alleging abuse, neglect, or exploitation, including the screening decision pursuant to rule 5101:2-20-11 of the Administrative Code.

(2) Information on each referral received by the CDJFS, or its designated agency, that is categorized and screened as an information and/or referral intake pursuant to rule 5101:2-20-11 of the Administrative Code.

(3) Documentation that the CDJFS, or its designated agency, has attempted to locate the correct address of the principals of the report, and make required face-to-face contacts with the principals of the report as required in rule 5101:2-20-12 of the Administrative Code.

(4) Justification for all extensions and waivers executed for failing to complete any information gathering activity as set forth in rule 5101:2-20-12 of the Administrative Code.

(5) Documentation of the CDJFS's, or its designated agency's, request for assistance from law enforcement during the course of the investigation/assessment and the corresponding rationale for the request.

(6) Copies of all assessments used in assessing/investigating abuse, neglect, and exploitation reports, or determining the need for continued services.

(7) Case notes concerning the activities and statements of persons involved in the case, describing the activity or statements, naming the persons involved, and stating the dates of occurrence.

(a) Case notes shall be prepared at or near the time of the occurrence being recorded and shall be prepared by or under the supervision of the staff member with the most direct knowledge of the occurrence.

(b) Opinions of CDJFS staff, its designated agency staff, and others included in case notes or dictation shall be identified as such.

(8) Documentation of verbal, written, or electronic referrals made by the CDJFS, or its designated agency, on behalf of the client and all principles being served by the CDJFS, or its designated agency, to community service providers, including other public agencies and private agencies.

(9) Documentation of the decision to transfer the case, or make a referral regarding the case, to a CDJFS or its designated agency in another county.

(a) The case record shall include a narrative of the discussion held with the proposed receiving CDJFS, or its designated agency, and any decisions made during that discussion.

(b) If the proposed receiving CDJFS or its designated agency declines to accept the transfer of the case, the CDJFS responsible for the case, or its designee, shall make a referral to the proposed receiving CDJFS or its designated agency and document this in the case record before closing the case.

(10) Documentation of the services provided directly by the CDJFS, or its designated agency staff, to the client and other principles, including the dates of service.

(11) Reports from service providers, including but not limited to medical, educational, psychological, diagnostic, and treatment services.

(12) Copies of written notification to the prosecuting attorney when a mandated referent/reporter fails to make a report of abuse, neglect, or exploitation.

(13) Documentation and/or copies of all required assessment/investigation notifications and referrals.

(14) Documentation of any assessment/investigation information provided to a county interdisciplinary team (I-Team), or evaluation team, for case review.

(15) Required notations and copies of any forms for any release of information including written permission from the director or his designee, when information is released as set forth in rule 5101:2-20-05 of the Administrative Code.

(16) A copy of all complaints, motions, petitions, pleadings, and other documents submitted to the court by the CDJFS, its designated agency, or any other party.

(17) A copy of all court orders, findings, written determinations and journalized entries from the court.

(18) Copies of applications for financial or social service support programs.

(19) Documentation that the CDJFS, or its designated agency, has verified the citizenship or immigration status of the client, as applicable.

(20) Documentation of all visits and communications with the principles of the case as required in rule 5101:2-20-16 of the Administrative Code.

(21) Documentation of case plan development, review, necessary amendments, and signatures as required by rule 5101:2-20-16 of the Administrative Code.

(F) Any case information or documentation that cannot be directly entered into ODAPS shall be uploaded into the system and maintained as part of the electronic case record.

(G) The case record shall be considered confidential and not public record. Information contained in the case record shall, upon request, be made available by the CDJFS or its designated agency to the adult who is the subject of the report, and legal counsel for the adult as required in rule 5101:2-20-05 of the Administrative Code.

Effective: 4/1/2018
Five Year Review (FYR) Dates: 12/7/2017 and 04/01/2023
Promulgated Under: 111.15
Statutory Authority: 5101.61
Rule Amplifies: 5101.60 to 5101.71
Prior Effective Dates: 03/17/2003, 12/01/2007, 08/01/2012