Chapter 5101:2-33 Administrative Requirements

5101:2-33-02 Public children services agency requirement to participate in child protection oversight and evaluation.

(A) The public children services agency (PCSA) shall participate with the Ohio department of job and family services (ODJFS) staff in the child protection oversight and evaluation (CPOE) quality assurance review no less than once every twenty-four months.

(B) The PCSA shall make available relevant documents and personnel during the CPOE quality assurance review process.

(C) The CPOE review of the PCSA shall include, but not be limited to, the examination and analysis of the following in relation to the PCSA's delivery of child welfare services to children and families:

(1) Outcome domains involving child safety, child permanency, and child and family well-being.

(2) Compliance with statutorily mandated PCSA responsibilities.

(3) Selected child welfare program components across the continuum.

(D) The CPOE review shall include discussion and inquiry as to the systemic factors that contribute to the PCSA's delivery of child welfare services including, but not limited to, the following:

(1) Local demographic data.

(2) Information regarding the PCSA's infrastructure including the table of organization.

(3) Staffing levels.

(4) Caseload sizes.

(5) PCSA budgetary data.

(6) The availability of supportive services in the community.

(7) Exemplary casework practices.

(E) Information sources that can be utilized during the evaluation, reconciliation of case data report measures, and the quality assurance review process include, but are not limited to, the following:

(1) Data reports generated from the ODJFS management information systems containing PCSA data including, but not limited to, the statewide automated child welfare information system.

(2) Findings obtained from client, shareholder, provider, and PCSA staff interviews, as applicable.

(3) Information obtained from the review of the PCSA's case records whether hard copy file, electronic file, or a combination of both.

(4) Data obtained from the PCSA's data management systems, as applicable.

(5) Other information concerning the PCSA's service delivery system including, but not limited to, council on accreditation findings, strategic planning data, and county budgetary data.

(F) Following receipt of the CPOE final report, the PCSA has the option of clarifying its position or addressing the conclusions regarding the evaluation and assessment of the PCSA's programmatic performance in the delivery of child welfare services by submitting written comments to ODJFS. The PCSA's written comments shall be received by ODJFS within fifteen days of the PCSA's receipt of the CPOE final report. The PCSA's comments shall be maintained in the CPOE record.

(G) If the PCSA appeals the CPOE final report, the letter of appeal shall be received by ODJFS within fifteen days of the PCSA's receipt of the CPOE final report and shall specify the basis for the appeal. The appeal decision shall be final.

(H) If the PCSA fails to meet one or more of the established benchmarks, the PCSA shall develop and submit for acceptance by ODJFS a quality improvement plan (QIP) within thirty days from the PCSA's receipt of the CPOE final report or within thirty days from the PCSA's receipt of the CPOE appeal decision.

(I) The QIP shall include the activities the PCSA will conduct to address identified deficiencies in the PCSA's programmatic performance in the delivery of child welfare services, as outlined in the CPOE final report, in order to bring the agency into compliance.

(J) The PCSA may request an extension of the time frame for submittal of the QIP.

(1) A request to extend the time frame shall be made in writing and submitted to ODJFS prior to the expiration of the established time frame for submittal of the QIP as outlined in paragraph (H) of this rule.

(2) The request shall contain the rationale as to the basis for the extension.

(K) Upon acceptance of the QIP, the PCSA shall implement the QIP in order to achieve the identified outcomes.

(L) The PCSA shall participate in monitoring the implementation of the QIP and achievement of the identified goals.

(M) The QIP shall remain in effect until the outcomes are achieved or a subsequent QIP is developed in accordance with paragraph (H) of this rule.

(N) PCSA achievement of specific measures or changes addressing concerns identified through the CPOE process may result in incentives to PCSAs.

(O) PCSA failure to develop, implement, or monitor a QIP may result in action against the PCSA in accordance with section 5101.24 of the Revised Code.

Replaces: 5101:2-33-02

Effective: 03/01/2010
R.C. 119.032 review dates: 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166 .
Rule Amplifies: 5101.22 , 5101.221 , 5103.03 , 5153.16
Prior Effective Dates: 7/1/97, 2/1/03, 1/1/2005

5101:2-33-03 Procedure for complaints of alleged discriminatory acts, policies or practices in the foster care or adoption process that involve race, color or national origin.

(A) Each public children services agency (PCSA), private child placing agency (PCPA), and private noncustodial agency (PNA) shall provide a written notice of the procedure for any complaints of discrimination in the foster care or adoption process that involve race, color or national origin (RCNO) to all individuals inquiring about or applying to be a foster caregiver or adoptive parent. Such notice shall be provided within seven days of the individual's first contact with the agency.

(B) Any individual may file a complaint alleging a discriminatory act, policy or practice involving RCNO in the foster care or adoption process of a PCSA, PCPA, PNA or the Ohio department ofjob and family services (ODJFS).

Any person, including but not limited to, an employee or former employee of a PCSA, PCPA, or PNA or a member of a family which has sought to become a foster caregiver or adoptive parent, may also file a complaint alleging that he or she was intimidated, threatened, coerced, discriminated against or otherwise retaliated against in some way by a PCSA, PCPA, PNA or by ODJFS, due to the individual making a complaint, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing in connection with an allegation that a PCSA, PCPA, PNA or ODJFS engaged in discriminatory acts, policies, or practices as it applies in the foster care or adoption process.

(C) The individual filing a complaint shall use the JFS 02333 "Discrimination Complaint Form" (rev. 12/2008). The complaint shall be filed within two years from the date ofthe occurrence ofthe alleged discriminatory act; or two years from the date upon which the complainant learned or should have known of a discriminatory act, policy or practice. The complaint may be filed with:

(1) Any PCSA, PCPA or PNA; or,

(2) The ODJFS.

(D) When any complaint alleging discrimination involving RCNO in the foster care or adoption process is received by:

(1) A PCSA, PCPA or PNA, the agency shall forward the complaint to ODJFS within three working days ofdate ofreceipt ofthe complaint.

(2) ODJFS, the department shall notify the PCSA, PCPA, PNA that is the subject ofthe complaint within three working days ofthe receipt ofthe complaint.

(E) ODJFS shall conduct an investigation of the complaint. The PCSA, PCPA or PNA that is the subject of the complaint shall not initiate, conduct, or run concurrent investigations surrounding the complaint or take any further action regarding the complainant or the subject of the complaint until the issuance of the final investigation report by ODJFS, unless approved by ODJFS.

(F) The PCSA, PCPA or PNA that is the subject of the complaint shall cooperate fully with ODJFS during the course of the investigation and shall submit any information requested by ODJFS not later than fourteen days from the date of the request, unless otherwise agreed upon.

(G) ODJFS shall conduct an investigation that shall include, but is not limited to:

(1) Face-to-face interviews with the complainant, the respondent and all relevant witnesses.

(2) Issuance of a final investigation report to the complainant and the PCSA, PCPA or PNA that is the subject of the complaint. The report shall include the allegations, background information, analysis, determination and recommendations and shall be issued within ninety days of the receipt of the initial complaint.

If unanticipated circumstances require additional time to complete the investigation or to issue the final report, ODJFS will notify the complainant and the PCSA, PCPA, or PNA that is the subject of the complaint of the need for additional time.

(H) Upon completion of the final investigation report, ODJFS shall determine if any action against a PCSA, PCPA or PNA is warranted. For noncompliance by a PCSA, ODJFS may take any action permitted under section 5101.24 of the Revised Code. For noncompliance by a PCPA or PNA, ODJFS may take action concerning the agency's certificate pursuant to Chapter 5101:2-5 of the Administrative Code.

(I) No person who has filed a complaint alleging a discriminatory act , policy or practice involving RCNO in the foster care or adoption process of a PCSA, PCPA or PNA or who has testified, assisted or participated in any manner in the investigation of a complaint shall be intimidated, threatened, coerced, or retaliated against by any employee or contractor of the PCSA, PCPA, PNA or ODJFS.

(J) Nothing in this rule or in an agency's policy shall prohibit an individual from filing a complaint with the United States department of health and human services (HHS), office for civil rights (OCR) alleging discrimination that involves RCNO in the foster care or adoption process of a PCSA, PCPA, PNA or ODJFS.

(K) The requirements of rules 5101:2-33-04 and 5101:2-48-24 of the Administrative Code do not apply to complaints of discrimination in the foster care or adoption process that involve RCNO.

(L) Each PCSA, PCPA or PNA shall provide a written notice ofthe procedures for any complaints of discrimination in the foster care or adoption process that involve RCNO within thirty days ofthe effective date to all foster caregivers certified or in the process of certification and to all individuals who have approved adoptive homestudies or who are participating in the adoptive homestudy process on the effective date ofthis rule.

Effective: 03/01/2010
R.C. 119.032 review dates: 11/05/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.16
Rule Amplifies: 5101.141 , 5103.03 , 5153.16
Prior Effective Dates: 02/01/2005

5101:2-33-04 PCSA grievance review hearing policies. [Rescinded].

Rescinded eff 10-1-09

5101:2-33-05 [Rescinded]Family and children services information system (FACSIS) reporting requirements.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5103.16
Rule Amplifies: 2151.141 , 2151.421
Prior Effective Dates: 8/1/98, 12/31/99, 11/12/02, 7/14/08

5101:2-33-07 Delegation of responsibilities and contracting for the performance of specified agency duties.

(A) A public children services agency (PCSA) may enter into a contract with a county department of job and family services (CDJFS); county boards of mental health and addiction services; county boards of developmental disabilities; regional councils of political subdivisions established under Chapter 167. of the Revised Code; public and private individuals or providers of services; or managed care organizations and prepaid health plans to assist them in performing their assigned duties outlined in section 5153.16 of the Revised Code.

(B) The PCSA shall not enter into contracts with other entities delegating its responsibility to perform its investigation duties outlined in section 2151.421 of the Revised Code.

(C) If entering into a contract, the PCSA shall ensure that the agency, organization, provider or individual has the required state licensing credentials in order to perform the specified duties outlined in the contract.

(D) When an agreement, compact or contract for the purposes of placing a child is executed between a PCSA and another person, agency, or any other provider of services, the agreement shall specify criteria to be followed to work together in developing and executing case plan services and participating in case reviews and/or semiannual administrative reviews, and the completion of reunification assessments.

Effective: 07/01/2014
R.C. 119.032 review dates: 04/07/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 9/28/87, 1/1/89, 1/1/90, 10/1/97(Emer.), 12/30/97, 5/01/03, 12/21/07

5101:2-33-10 Agency participation in time study. [Rescinded].

Rescinded eff 1/19/06

5101:2-33-11 Multiethnic Placement Act (MEPA) agency administrative requirements.

(A) Each public children services agency (PCSA) and private child placing agency (PCPA) shall designate a person to serve as the agency's internal Multiethnic Placement Act (2/06) (MEPA) monitor. Public children services agencies (PCSA) and private child placing agencies (PCPA) may share MEPA monitors from other PCSAs or PCPAs to fulfill MEPA monitoring functions.

(B) The MEPA monitor shall review and monitor foster care and adoptive placement decisions when the agency has a completed JFS 01688 "Individualized Child Assessment" (rev. 05/2007), in effect for the twelve month period from the date of the final decision as documented on the JFS 01688 pursuant to rules 5101:2-42-18.1 and 5101:2-48-13 of the Administrative Code.

(1) The MEPA monitor shall not be the child's caseworker or the caseworker's supervisor.

(2) The MEPA monitor shall not serve as the agency's civil rights coordinator.

(C) A private noncustodial agency (PNA) is not required to designate a MEPA monitor but shall refer all cases in which race, color, or national origin (RCNO) may be a factor in the placement decision to the child's custodial agency for assessment pursuant to rules 5101:2-42-18.1 and 5101:2-48-13 of the Administrative Code.

(D) Each of the following agencies shall complete the JFS 01668 "MEPA Biennial Comprehensive Self-Assessment Report" (rev. 1/2010) and submit it to the Ohio department of job and family services (ODJFS) by March first of every even numbered year. The review period shall be the two calendar years prior to the report due date.

(1) A PCSA.

(2) A PCPA that is certified by ODJFS to perform the functions specified in paragraphs (C)(6) to (C)(11) of rule 5101:2-5-03 of the Administrative Code.

(3) A PNA that is certified by ODJFS to perform the functions specified in paragraphs (D)(6) to (D)(10) of rule 5101:2-5-03 of the Administrative Code.

(E) Each PCSA and PCPA operating an adoption program shall submit the following aggregate data to ODJFS by completing the JFS 01420 "Multiethnic Placement Act Corrective Action and Resolution Plan Data Collection Requirements" (07/2006).

(1) The number of adoptive matches made on children in the agency's permanent custody which were accepted by the family to whom the child was presented.

(2) The number of adoptive matches made on children in the agency's permanent custody which were rejected by the family. Those rejected would include, but is not limited to, matches where the family and child began pre-placement visits; however, the family decided not to accept the child.

(F) The data shall be submitted to ODJFS by May first of each year.

(G) Each PCSA, PCPA, and PNA operating a foster care or adoption program shall adopt written standards of conduct that will govern the performance of its employees or contractors, as that performance relates to compliance with the Multiethnic Placement Act of 1994 as amended by Section 1808 of the Small Business Job Protection Act of 1996, 42 U.S.C. 622(b)(9) , 42 U.S.C. 671(a)(18) , 42 U.S.C. 674(d) and 42 U.S.C. 1996(b) (MEPA) (1/2/06) and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d , (1/2/06) as they apply to the foster care and adoption process (Title VI). The written standards of conduct shall:

(1) Prohibit denying any person the opportunity to become a foster caregiver or an adoptive parent on the basis of race, color or national origin of that person, or of the child involved; or delaying or denying any placement of a child in foster care or for adoption on the basis of the race, color or national origin of the foster caregiver(s), of the adoptive parent(s) or of the child involved.

(2) Include enforcement requirements to be used whenever an agency employee or contractor engages in discriminatory acts, policies, or practices involving race, color, or national origin in the foster care or adoption process as determined by ODJFS upon completion of the investigation conducted pursuant to rule 5101:2-33-03 of the Administrative Code.

(a) The enforcement requirements shall include standards governing penalties, sanctions, and other disciplinary actions, which may include suspension and/or removal, to be applied in accordance with applicable employment law and union contracts.

(b) The standards shall provide for the submission of a corrective action plan whenever an investigation conducted by ODJFS, pursuant to rule 5101:2-33-03 of the Administrative Code, results in a finding that an agency employee or contractor engaged in discriminatory acts, policies, or practices.

(c) The standards require that the corrective action plan will address how the agency will prevent future violation by that employee or contractor and shall require that the corrective action plan be submitted to ODJFS within thirty days of notification of the findings of the investigation.

(d) The agency shall provide a copy of the written standards of conduct to each employee or contractor who is engaged in the placement of children into foster care or for adoption, or engaged in the recruitment, assessment, approval, or selection of a foster caregiver(s) or adoptive family. New employees or contractors shall receive a copy of the written standards of conduct within thirty days of their hire date or the effective date of their contract.

(H) No PCSA, PCPA or PNA shall require an ongoing, foster care or adoption worker to justify a proposed placement for the reason that the race, color or national origin of the child is different from that of the family whom the worker is proposing as the child's foster caregiver or adoptive parent.

Effective: 11/01/2012
R.C. 119.032 review dates: 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.141 , 5103.03 , 5153.166
Rule Amplifies: 5103.03 , 5153.16
Prior Effective Dates: 12/30/66, 10/1/86, 7/1/90, 9/1/94, 12/15/95 (Emer.), 3/1/96, 9/18/96, 12/31/96 (Emer.), 3/31/97, 2/13/98(Emer.), 5/14/98, 12/31/98(Emer.), 4/5/99, 9/1/00, 5/1/02, 11/12/02, 9/1/03, 2/1/05, 12/11/06, 3/1/10

5101:2-33-13 Adoption administrative falsification procedures.

(A) The public children services agency (PCSA), private child placing agency (PCPA), and private noncustodial agency (PNA) upon an internal investigation shall refer all cases to the county prosecutor in which there is probable cause to believe that falsification of an adoptive application or homestudy has been committed under section 2921.13 of the Revised Code.

(B) The assessor of the PCSA, PCPA, and the PNA shall report in writing a person who knowingly makes a false statement on an application or homestudy document during the homestudy process to the agency administrator or designee within three days of the assessor's determination of possible falsification. The written statement shall include, but is not limited to:

(1) The original application completed by the applicant.

(2) Documentation verifying the information reported on the application or in the homestudy by the applicant is knowingly false.

(C) The PCSA, PCPA, or PNA shall within fourteen days of the determination of falsification, send a notification letter to the applicant indicating that the information submitted to the agency had been determined to be knowingly false. The notice shall include all of the following information:

(1) Date notification letter is prepared by the assessor.

(2) Mailing address of the applicant(s).

(3) A statement indicating the homestudy process will discontinue because the agency has probable cause to believe the information provided by the applicant on the JFS 01691, "Application for the Placement of a Child" (rev ) (rev. 6/2009) or during the homestudy process is knowingly false.

(4) A copy of the information that is alleged knowingly false.

(5) Documentation verifying the information submitted on the JFS 01691 or during the homestudy process that is knowingly false.

(6) A statement indicating that all cases in which it is determined by the agency the applicant made knowingly false statements will be referred to the county prosecutor office in the county the applicant(s) reside.

(7) The applicant(s) right to respond to the alleged falsification.

(8) A statement indicating that if the applicant(s) fails to respond within the fourteen day period the applicant(s) application is withdrawn, and the action of refusing to respond to allegations of knowingly making false statement(s) has resulted in the applicant(s) selecting themselves out of continuing the homestudy process.

(9) The notification letter shall be mailed to the applicant by certified mail.

(D) If the applicant responds within fourteen days of the date of receipt of the written notice alleging falsification, the agency is responsible for reviewing information received from the adoptive applicant within twenty-one days of receipt of the applicant(s) response. The PCSA, PCPA, or PNA shall conduct an internal investigation that shall include but not limited to:

(1) A face to face visit with the adoptive applicant, and all relevant witnesses, if available.

(2) Issuance of a final investigatory report to the adoptive applicant(s) that is the subject of the investigation no later than ten days after the agency review. The report shall include:

(a) The allegations.

(b) Relevant background information deemed appropriate by the agency.

(c) The results of the investigation and recommendation of whether or not the agency found probable cause to indicate the applicant(s) made knowingly false statements on the application for child placement or during the homestudy.

(3) If unanticipated circumstances require additional time to complete the investigation or to issue the final report, the PCSA, PCPA, or PNA shall notify the adoptive applicant that is the subject of the investigation of the need for additional time. The extension shall not be longer than fourteen days after the agency notifies the applicant(s) of the need for additional time to complete the investigatory report.

(E) The PCSA, PCPA, or PNA shall provide written notification, within thirty days of receipt of the applicant(s) response, to the adoptive applicant of any action to be taken.

(F) Upon completion of the final investigation report and the agency determines there has been no falsification made by the applicant(s), the PCSA, PCPA, or PNA shall resume the homestudy process if the applicant(s) chooses to proceed. The homestudy shall be completed within one hundred eighty days from re-commencement.

(G) The PCSA, PCPA, or PNA shall include in the adoptive family case record all documentation which supports the PCSA's action in determining the results and recommendation of the internal investigation.

(H) If an adoptive child is placed in an approved adoptive parent(s) home and the adoptive parent(s) or other household member(s) knowingly made a false statement that results in the assessor's reassessment of an approved or updated homestudy, the prospective adoptive parent(s) or other household member(s) is guilty of the offense of falsification under section 2921.13 of the Revised Code. The assessor shall report incidents of falsification according to the procedures pursuant to paragraphs (B), (C)(1) to (C)(7), (E), (F) and (G) of this rule.

(I) The agency administrator or designee must determine in twenty-four hours of completing the agency's internal investigation, if there is probable cause related to the adoptive child's safety and well-being to remove the child from the adoptive parent(s) home until the result of an investigation is rendered.

Effective: 03/01/2010
R.C. 119.032 review dates: 10/13/2009 and 03/01/2015
Promulgated Under: 119.03
Statutory Authority: 5101.35
Rule Amplifies: 3107.01 , 3107.031
Prior Effective Dates: 12/11/2006

5101:2-33-18 [Rescinded]Administration of the Title IV-E adoption assistance program.

Effective: 04/01/2010
R.C. 119.032 review dates: 11/30/2009
Promulgated Under: 119.03
Statutory Authority: 5101.141
Rule Amplifies: 5101.11
Prior Effective Dates: 1/1/83, 4/1/86 (Emer), 7/1/86, 7/2/87, 9/1/88, 9/1/92, 5/1/98, 1/1/07

5101:2-33-19 Public children service agencies (PCSA), private child placing agencies (PCPA), private noncustodial agencies (PNA): penalties for failure to comply with fiscal accountability procedures. [Rescinded].

Rescinded eff 1-1-07

5101:2-33-20 PCSA complaint review and report disposition appeal policy.

(A) The public children services agency (PCSA) shall develop and implement written policies for receiving, reviewing and resolving both of the following:

(1) Complaints concerning the provision of services from parents, custodians, legal guardians, foster caregivers, kinship caretakers, applicants or providers of approved adult-supervised living arrangements, and children.

(2) Report disposition appeals by alleged perpetrators who disagree with the PCSA report disposition of a report of child abuse or neglect.

(B) The complaint review and report disposition appeal policies shall, at a minimum, identify all of the following information:

(1) Operational procedures for conducting both complaint reviews and report disposition appeal hearings including the PCSA's method of review and response to complaint reviews and report disposition appeals.

(2) The office or individual(s) involved in conducting complaint reviews and report disposition appeal hearings.

(3) Reasonable time frames for both of the following:

(a) Allowing the parties identified in paragraph (A) of this rule to request a complaint review or report disposition appeal.

(b) Conducting the review or hearing and issuing a finding.

(4) The method by which the PCSA will provide and communicate the policies related to complaint reviews and report disposition appeals to individuals who are hearing or visually impaired or who have limited English proficiency.

(C) Upon request, the PCSA shall provide written copies of the PCSA's complaint review and report disposition appeal policies to an individual within three working days from the date of the request.

(D) The PCSA personnel conducting complaint reviews and hearings regarding report disposition appeals cannot be involved in the case, including the assessment/investigation of the incident or the approval of the report disposition.

(E) The PCSA personnel conducting complaint reviews shall document in the case record the complaint, the complaint review process and the findings of the complaint review.

(F) The PCSA hearing personnel shall facilitate the report disposition appeal hearing and consider the totality of the information including the assessment/investigation information contained in the case record which led to the report disposition as well as any information presented by the PCSA and the appellant.

(G) The PCSA hearing personnel shall change the report disposition if any of the following circumstances occur:

(1) The report disposition was made in error.

(2) The appellant did not engage in conduct constituting child abuse or neglect as defined in sections 2151.03 and 2151.031 of the Revised Code.

(3) The report disposition is not supported by the totality of the information presented by the appellant or the PCSA or contained in the case record.

(H) The decision of the PCSA regarding the report disposition appeals shall be final and the decisions are not subject to state hearing review under section 5101.35 of the Revised Code.

(I) When an appeal of a PCSA report disposition of a report of child abuse or neglect is heard, the PCSA shall do all of the following:

(1) Document the report disposition appeal hearing process and findings in the case record.

(2) Update the statewide automated child welfare information system according to procedures contained in rule 5101:2-33-05 of the Administrative Code and notify the principals of the report in writing as to the revised report disposition if a report disposition appeal hearing results in the revision of the disposition.

(3) Maintain all documents submitted or reviewed during the report disposition appeal hearing in the case record.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.166
Rule Amplifies: 5153.16
Prior Effective Dates: 7/16/81, 1/17/83, 9/28/87, 3/17/94, 12/15/95 (Emer.), 3/31/97, 6/30/97 (Emer.), 9/29/97, 12/30/97, 5/1/01, 2/1/03, 3/1/06, 10/1/09

5101:2-33-21 Confidentiality and dissemination of child welfare information.

(A) Each referral, assessment/investigation and provision of services related to reports of child abuse, neglect, dependency, or family in need of services (FINS) is confidential. Information contained in the statewide automated child welfare information system (SACWIS) is confidential pursuant to section 5101.131 of the Revised Code. This information may be shared only when dissemination is authorized by this rule.

(B) If any information is disseminated, the public children services agency (PCSA) shall notify the receiver of the information that all of the following apply:

(1) The information is confidential and is not subject to disclosure pursuant to section 149.43 or 1347.08 of the Revised Code by the agency to whom the information was disclosed.

(2) Unauthorized dissemination of the contents of the information is in violation of section 2151.421 of the Revised Code.

(3) Anyone who permits or encourages unauthorized dissemination of the contents of the information violates section 2151.99 of the Revised Code and such a violation is a misdemeanor of the fourth degree.

(C) The PCSA shall document in SACWIS that the dissemination of information occurred. Documentation shall include a summary of all of the following:

(1) The specific information disseminated.

(2) The date the information was disseminated.

(3) The agency, organization, or individual to whom the information was disseminated.

(4) The reason for the dissemination of information.

(5) If required, written authorization to disseminate information pursuant to paragraphs (H) and (R) of this rule.

(D) When any person commits, causes, permits, or encourages unauthorized dissemination of information, the PCSA shall give written notification of such unauthorized dissemination to the county prosecutor or city director of law and the Ohio department of job and family services (ODJFS). A copy of the written notification shall be maintained in the case record.

(E) The PCSA shall not release the identities of the referent/reporter, and any person providing information during the course of an assessment/investigation shall remain confidential. The identities of these individuals shall not be released or affirmed by the PCSA to any party without the written consent of the individual(s) involved, except to those individuals outlined in paragraph (F) of this rule.

(F) The PCSA shall release child welfare information to the following persons or entities:

(1) ODJFS staff with supervisory responsibility in the administration of Ohio's child welfare program.

(2) Law enforcement officials who are investigating a report of child abuse or neglect or that a person violated section 2921.14 of the Revised Code by knowingly making or causing another person to make a false report.

(3) The county prosecutor who is investigating a report of child abuse or neglect or that a person violated section 2921.14 of the Revised Code by knowingly making or causing another person to make a false report.

(4) Any PCSA or children services agency (CSA) assessing/investigating a child abuse or neglect report involving a principal of the case.

(5) The court, for the purpose of the issuance of a subpoena to the referent/reporter.

(G) The PCSA shall promptly disseminate all information determined to be relevant, except as specified in paragraph (E) of this rule, to any federal, state, or local governmental entity, or any agent of such entity, with a need for such information in order to carry out its responsibilities under law to protect children from abuse and neglect including but not limited to:

(1) Law enforcement officials, as set forth in the child abuse and neglect memorandum of understanding, to investigate a PCSA report of child abuse or neglect, a report of a missing child, or a report that a person has violated section 2921.14 of the Revised Code, by knowingly making or causing another person to make a false report of child abuse or neglect.

(2) The county prosecutor, to provide legal advice or initiate legal action on behalf of an alleged child victim; and to prosecute any person who has violated section 2921.14 of the Revised Code, by knowingly making or causing another person to make a false report of child abuse or neglect.

(3) A guardian ad litem or court appointed special advocate.

(4) Any PCSA or CSA as defined in rule 5101:2-1-01 of the Administrative Code, which is currently assessing/investigating a report of child abuse or neglect involving a principal of the case or providing services to a principal of the case. In an emergency situation, the requested information may be released by telephone to a verified representative of a CSA. The PCSA releasing information will verify the identity, job title and authority/job duties of the CSA representative prior to releasing any information. All of the following information shall be released:

(a) The name and role of each principal of the case registered in any prior report.

(b) The date, allegation and disposition of each report or allegation.

(c) The name and telephone number of the county PCSA that conducted an assessment/investigation or provided services for each report.

(5) A coroner, to assist in the evaluation of a child's death due to alleged child abuse and/or neglect.

(6) Child abuse and neglect multidisciplinary team members, for consultation regarding investigative findings or the development and monitoring of a case plan.

(7) Public service providers working with a parent, guardian, custodian or caretaker or children of the family about whom the information is being provided, including but not limited to:

(a) Probation officers and caseworkers employed by the court, adult parole authority, rehabilitation and corrections, or the department of youth services.

(b) Employees of the local county boards of developmental disabilities and employees of the local county boards of alcohol drug addiction and mental health.

(8) A school administrator or designee when a PCSA intends to place a child in a foster home in a county other than the county in which the child resided at the time the child was removed from his home.

(9) The licensing and supervising authorities of a public or non-public out-of-home care setting in which child abuse or neglect is alleged to have occurred.

(10) The approving authority of a kinship care setting in which child abuse or neglect is alleged to have occurred.

(11) Administrators of public out-of-home care settings in which child abuse or neglect is alleged to have occurred including but not limited to:

(a) Psychiatric hospitals managed by the Ohio department of mental health.

(b) Institutions managed by county courts for unruly or delinquent children.

(c) Institutions managed by the Ohio department of youth services.

(d) Institutions or programs managed by the Ohio department of developmental disabilities or local boards of developmental disabilities.

(12) Child abuse citizen review boards upon request.

(13) A child fatality review board recognized by the Ohio department of health, upon request except when a county prosecutor intends to prosecute or a judge prohibits release according to procedures contained in sections 5153.171 , 5153.172 and 5153.173 of the Revised Code.

(14) A grand jury or court, as ordered.

(15) A children's advocacy center, as set forth in the PCSA child abuse and neglect memorandum of understanding, to comply with the protocols and procedures for receiving referrals and conducting investigations, to coordinate activities, and to provide services for reports alleging sexual abuse or other types of abuse.

(16) A CDJFS, for child care licensure pursuant to section 5153.175 of the Revised Code and for joint planning and sharing of information pursuant to rule 5101:2-33-28 of the Administrative Code.

(H) Except as specified in paragraph (E) of this rule or if disclosure would jeopardize a criminal investigation or proceeding, the PCSA shall promptly disseminate all information it determines to be relevant to an individual or agency, with written authorization from the PCSA director, when it is believed to be in the best interest of any of the following:

(1) An alleged child victim, a child subject of the report, the family, or the caretaker.

(2) Any child residing within, or participating in an activity conducted by an out-of-home care setting when necessary to protect children in that setting.

(3) A child who is an alleged perpetrator.

(I) Upon receiving a request for disclosure to the public regarding the findings or information about a case of child abuse or neglect which has resulted in either a child fatality or a near fatality that, as certified by a physician, placed the child in serious or critical condition, the PCSA shall prohibit disclosure of such information if it is determined by the PCSA that any of the following would occur:

(1) Harm to the child or the child's family.

(2) Jeopardize a criminal investigation or proceeding.

(3) Interfere with the protection of those who report child abuse or neglect.

(J) If the PCSA has determined to disclose to the public information pursuant to paragraph (I) of this rule, the PCSA shall provide all of the following:

(1) The cause of and circumstances regarding the fatality or near fatality.

(2) The age and gender of the child.

(3) Information describing and the findings of any previous reports of child abuse or neglect assessment/investigations that are pertinent to the child abuse or neglect that led to the fatality or near fatality.

(4) Any services provided by the PCSA on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or near fatality.

(5) Any actions, including but not limited to court filings, removals or implementation of safety plans on behalf of the child that are pertinent to the child abuse or neglect that led to the fatality or near fatality.

(K) Upon request, the PCSA shall promptly disseminate to a mandated reporter, who makes a report of child abuse or neglect, information pursuant to section 2151.421 of the Revised Code.

(1) Whether the PCSA has initiated an investigation.

(2) Whether the PCSA is continuing to investigate.

(3) Whether the PCSA is otherwise involved with the child who is the subject of the report.

(4) The general status of the health and safety of the child who is the subject of the report.

(5) Whether the report has resulted in the filing of a complaint in juvenile court or of criminal charges in another court.

(L) The PCSA shall promptly disseminate all information it determines to be relevant to the principals of the case, in accordance with Chapter 5101:2-36 of the Administrative Code, to inform them of the following:

(1) Each allegation contained in the report.

(2) All report dispositions resulting from the assessment/investigation.

(3) All case decisions resulting from the alternative response assessment.

(M) The PCSA shall promptly disseminate all information determined to be relevant, except as specified in paragraph (E) of this rule, to all of the following persons or entities:

(1) The non-custodial parent of the alleged child victim or child subject of the report, and children being provided services by the PCSA when the PCSA believes such sharing would be in the best interest of the child.

(2) A physician, for the diagnostic assessment of a child where there is reason to believe the child may be a victim of abuse or neglect.

(3) A private service provider, for diagnostic evaluations of and service provision to the alleged child victim or child subject of the report and his family.

(4) The administrator of a non-public out-of-home care setting in which child abuse or neglect is alleged to have occurred.

(5) A foster, relative and non-relative caregiver, as required by rule 5101:2-42-90 of the Administrative Code.

(6) The superintendent of public instruction, pursuant to section 5153.176 of the Revised Code, when the report involves a person who holds a license issued by the state board of education where the agency has determined that child abuse or neglect occurred and that abuse or neglect is related to the person's duties and responsibilities under the license.

(N) The PCSA shall utilize information outlined in paragraph (O) of this rule obtained from the alleged perpetrator search within SACWIS for the purpose of a background check for any of the following:

(1) Foster care licensure, pursuant to Chapters 5101:2-5 and 5101:2-7 of the Administrative Code.

(2) An adoption homestudy, pursuant to Chapter 5101:2-48 of the Administrative Code.

(3) A relative or non-relative caregiver approval for placement, pursuant to rule 5101:2-42-18 of the Administrative Code.

(O) The PCSA shall consider reports that meet the following criteria when the information is being used for a background check in accordance with paragraphs (N) and (G) (16) of this rule:

(1) Substantiated reports where the subject of the search was the alleged perpetrator.

(2) Indicated reports where the subject of the search was the alleged perpetrator.

(P) If releasing information pursuant to paragraphs (N) and (G) (16) of this rule, the PCSA shall not release any information pertaining to an unsubstantiated report or an alternative response report.

(Q) The PCSA shall refer any individual who inquires whether his or her name has been placed or remains within SACWIS as the subject of a report of alleged child abuse and/or neglect to ODJFS. An individual may submit a written request to ODJFS. The written request must contain the original signature of the individual who is the subject of the inquiry and the following:

(1) The individual's full name, including maiden and any other names utilized; address; date of birth and social security number.

(2) A copy of two of the following forms of identification, with at least one containing the individual's social security number:

(a) Social security card.

(b) Driver license.

(c) State identification card.

(d) Birth certificate.

(e) Passport or travel visa.

(3) In lieu of the two copies of the forms of identification required in paragraph (Q)(2) of this rule, an individual may submit a notarized request containing the individual's name, address, date of birth and social security number.

(R) At his or her sole discretion, a PCSA director may disseminate information to a researcher in the area of child welfare, if the information is determined to be relevant to the researcher, and the results of the research will be beneficial to the county PCSA in administering child welfare programs/services. Authorization of the dissemation shall be documented. No direct access to SACWIS or any other state of Ohio database shall be requested by or on behalf of, nor approved for or granted to, any researcher pursuant to rule 5101:2-33-70 of the Administrative Code. The PCSA shall disclose only the minimum information needed by the researcher to perform the study, and, prior to disseminating information to any researcher, the PCSA shall require the researcher to sign an agreement which addresses all of the following:

(1) The researcher shall not disseminate confidential information containing names or data by which any individual or out-of-home care setting could be identified or deductively inferred.

(2) The PCSA shall review the research prior to its dissemination or publication to ensure that the research is void of names or data by which any individual or out-of-home care setting could be identified or deductively inferred.

(3) The researcher shall accept liability for unauthorized dissemination of information.

Replaces: 5101:2-33-22, 5101:2-33-24

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5101.134
Rule Amplifies: 2151.421 , 2151.423 , 5101.13 , 5101.132 , 5101.133
Prior Effective Dates: 11/22/81, 10/1/82, 1/1/87, 1/1/88, 1/1/90, 9/1/94, 6/30/97 (Emer.), 9/28/97, 10/1/97 (Emer.), 12/30/97, 4/1/01, 3/1/06, 1/1/07, 1/15/11, 11/1/11

5101:2-33-22 [Rescinded]Access/confidentiality of child abuse and neglect information contained in the uniform statewide automated child welfare information system.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 3107.034
Rule Amplifies: 2151.421 , 5104.11
Prior Effective Dates: 11/22/81, 1/1/90, 4/1/01, 3/01/06, 1/1/07, 1/15/11

5101:2-33-23 Case records for children services.

(A) The public children services agency (PCSA) shall record case information in the statewide automated child welfare information system (SACWIS). Case information that cannot be recorded in SACWIS shall be maintained as hard copy files, electronic files or as a combination of both.

(B) All case records prepared, maintained, and permanently kept by the PCSA are confidential. Access to PCSA case records and the release of PCSA case record information shall be conducted pursuant to and in accordance with the requirements outlined in rule 5101:2-33-21 of the Administrative Code.

(C) The PCSA shall prepare, maintain, and permanently keep records for all referrals, related screening decisions, and information received by the agency pursuant to rule 5101:2-36-01 of the Administrative Code.

(D) The PCSA shall prepare, maintain, and permanently keep records for all of the following intake categories which the PCSA has received and/or conducted an assessment/investigation and required activities pursuant to Chapters 5101:2-36 and 5101:2-37 of the Administrative Code:

(1) Child abuse and/or neglect reports.

(2) Dependency reports.

(3) Family in need of services reports.

(4) Information and/or referral intakes.

(E) The PCSA shall prepare, maintain and permanently keep records on all cases for which the PCSA provided services including:

(1) Voluntary supportive services cases pursuant to Chapters 5101:2-37, 5101:2-38, and 5101:2-40 of the Administrative Code.

(2) Court ordered protective supervision cases pursuant to Chapters 5101:2-37, 5101:2-38, and 5101:2-40 of the Administrative Code.

(3) Substitute care cases pursuant to Chapters 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, and 5101:2-47 of the Administrative Code.

(4) Adoption cases pursuant to Chapters 5101:2-37, 5101:2-38, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-48 and 5101:2-49 of the Administrative Code.

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

(1) Documentation that the PCSA has attempted to locate the correct address of the principals of the report, if necessary, and make required face-to-face contacts with the principals of the report as required in rule 5101:2-36-01 of the Administrative Code.

(2) Documentation of the PCSA's request and the corresponding rationale for requesting assistance from law enforcement during the course of the PCSA's assessment/investigation of a family, if applicable.

(3) Documentation of any involvement the PCSA had with law enforcement regarding missing children, death of a child, third-party investigative procedures, or any other assistance the PCSA requested from law enforcement as stipulated in the county child abuse and neglect memorandum of understanding.

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

(5) Documentation of verbal, written, or electronic referrals and provision of services by the PCSA, county department of job and family services (CDJFS), other public and private agencies and community service providers on behalf of children and families being served by the PCSA, including any oral and/or written reports and the dates when services were delivered.

(6) Correspondence pertaining to the child and his family or caretaker.

(7) A copy of all complaints, motions, petitions, pleadings, and other documents submitted to the juvenile court by the PCSA or any other party.

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

(9) Copies of supplemental plans, as applicable.

(10) A copy of any written materials presented during the semiannual administrative review(s).

(11) Transfer summaries prepared by the PCSA.

(12) Copies of applications for financial or social service support programs including, but not limited to Ohio works first (OWF), prevention, retention and contingency program, Title IV-B, Title IV-E, Title XX, medical assistance, supplemental security income, or children with medical handicaps program, and documentation supporting eligibility determinations made.

(13) A copy of the child's social security card or application for same.

(14) A copy of the child's birth certificate.

(G) The PCSA shall maintain case records that cannot be maintained in SACWIS in a consistent and organized manner such that required information set forth in this rule can be readily located. If the PCSA maintains any required information set forth in this rule in a location other than the case record, it shall be stated in the PCSA policy or noted in the case record where the information can be found.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5103.03 , 5153.166 , 5153.17
Rule Amplifies: 2151.421 , 5103.03 , 5153.16 , 5153.17
Prior Effective Dates: 1/1/87, 1/1/88, 1/1/89, 10/1/90, 5/1/93, 6/1/97, 10/1/97 (Emer.), 12/30/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 2/1/03, 3/1/06, 10/1/09, 11/1/11

5101:2-33-24 [Rescinded]Access to child abuse and neglect reports for background checks.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 2151.423
Rule Amplifies: 2151.421 , 2151.423 , 5153.16
Prior Effective Dates: 11/1/11

5101:2-33-26 The county child abuse and neglect memorandum of understanding.

(A) The county child abuse and neglect memorandum of understanding, hereinafter referred to as the memorandum, is a document that sets forth the normal operating procedures to be employed by all concerned officials in the execution of their respective responsibilities pursuant to division (J)(2) of section 2151.421 of the Revised Code when conducting a child abuse or neglect assessments/ investigations. The purpose of the memorandum is to delineate clearly the role and responsibilities of each official or agency in assessing or investigating child abuse or neglect in the county. The respective duties and requirements of all involved shall be addressed in the memorandum.

(B) Each public children services agency (PCSA) shall prepare a memorandum that is signed by all of the following parties:

(1) The juvenile judge of the county or the juvenile judge's representative; or if there is more than one juvenile judge in the county, a juvenile judge or the juvenile judge's representative selected by the juvenile judges or, if they are unable to do so for any reason, the juvenile judge who is senior in point of service or the senior juvenile judge's representative.

(2) The county peace officer.

(3) All chief municipal peace officers within the county.

(4) Other law enforcement officers who handle child abuse and neglect cases in the county.

(5) The prosecuting attorney of the county.

(6) If the PCSA is not the county department of job and family services (CDJFS) , the CDJFS.

(7) The county humane society.

(8) If the PCSA participated in the execution of a memorandum under section 2151.426 of the Revised Code establishing a children's advocacy center, each participating member of the children's advocacy center.

(C) If any individual serving as the official identified in paragraph (B) of this rule changes, an amendment of the memorandum is required, including the signature of all the required parties.

(D) The memorandum shall include all of the following:

(1) A statement that failure to follow procedures set forth in the memorandum by the concerned officials is not grounds for, and shall not result in the dismissal of any charges or complaints arising from any reported case of abuse or neglect or the suppression of any evidence obtained as a result of any reported child abuse or neglect and does not give, and shall not be construed as giving, any rights or grounds for appeal or post-conviction relief to any person.

(2) The PCSA's system for receiving reports of child abuse and neglect twenty-four hours per day, seven days per week. If the PCSA contracts with an outside source to receive after-hour calls, a copy of a signed agreement shall be attached to the memorandum which indicates that all reports with identifying and demographic information of the reporter and principals of the report will be forwarded to a designated PCSA worker within an hour of receipt and that confidentiality requirements will be met. In addition, when the PCSA contracts with an outside source, the PCSA shall include in the memorandum its system for informing the general public of the after-hours phone number, as applicable.

(3) The roles and responsibilities of all concerned officials for responding to emergency and non-emergency reports of child abuse and neglect.

(4) A system for consultation among subscribers as it is deemed necessary to protect children. The county's system for consultation shall include at a minimum the PCSA's protocol for consulting with law enforcement, the prosecuting attorney's office, the juvenile judge, and if applicable, the children's advocacy center established pursuant to section 2151.426 of the Revised Code, for any cases which may require their intervention or assistance.

(5) Standards and procedures for handling and coordinating joint investigations of reported cases of child abuse and neglect including sharing of investigative reports and procedures specific to cases which:

(a) Involve out-of-home care child abuse or neglect.

(b) Involve third party investigative procedures and the assistance of law enforcement including addressing instances where law enforcement declines to assist the PCSA.

(c) Require law enforcement to respond immediately.

(d) Involve a child death in which abuse or neglect is suspected as the cause of death.

(e) Involve alleged withholding of medically indicated treatment from disabled infants with life-threatening conditions.

(f) Involve the death of a child who is in the custody of the PCSA in accordance with rule 5101:2-42-89 of the Administrative Code.

(g) Involve alleged child abuse and/or neglect constituting a crime against a child, including human trafficking, and require a joint assessment/investigation with law enforcement. The procedures shall include a statement of assurance as to how the PCSA will ensure child safety and not compromise the child protective assessment/investigation while concurrently assisting law enforcement with the criminal investigation.

(6) A statement addressing the PCSA's policy for requesting the assistance of law enforcement, which may include, but is not limited to:

(a) The PCSA has reason to believe the child is in immediate danger of serious harm.

(b) The PCSA has reason to believe the worker is, or will be in danger of harm.

(c) The PCSA has reason to believe that a crime is being committed, or has been committed against a child.

(d) An exigent circumstance exists.

(e) The PCSA worker must conduct a home visit after regular PCSA business hours and a law enforcement escort is requested as a standard operating procedure.

(f) The PCSA is removing a child from his or her family via an order of the court and the assistance of law enforcement is needed as the PCSA has reason to believe the family will challenge the removal.

(g) The PCSA is working with a client who has a propensity toward violence and the assistance of law enforcement is needed to ensure the safety of all involved.

(h) The PCSA is working with a family that has historically threatened to do harm to PCSA staff.

(7) A statement regarding the processes and procedures to attempt to ensure the assistance of law enforcement is obtained timely in cases where child abuse or neglect is alleged in order to ensure child safety and conduct investigative activities within the maximum sixty day time frame afforded PCSAs to complete abuse/neglect assessment/investigations pursuant to Chapter 5101:2-36 of the Administrative Code.

(8) Methods to be used in interviewing the child who is the subject of the report.

(9) Standards and procedures addressing the categories of persons who may interview the child who is the subject of the report.

(10) A system for the elimination of all unnecessary interviews of a child who is the subject of the report.

(11) A system for receiving and responding to reports involving:

(a) Individuals who aid, abet, induce, cause, encourage, or contribute to a child or a ward of the juvenile court.

(i) Becoming a dependent or neglected child.

(ii) Becoming an unruly or delinquent child.

(iii) Leaving the custody of any person, department, or public or private institution without the legal consent of that person, department, or institution.

(b) Missing children.

(12) Standards and procedures for removing and placing children on an emergency and non-emergency basis.

(13) The PCSA's system for notifying the county prosecuting attorney or city director of law when any mandated reporter of child abuse or neglect fails to report suspected or known child abuse or neglect.

(14) The PCSA's system for notifying the county prosecuting attorney or city director of law when there is unauthorized dissemination of confidential PCSA information.

(15) The PCSA's procedures to respond to cases regarding the alleged withholding of medically indicated treatment from a disabled infant with life threatening conditions including:

(a) Gathering and maintaining current information regarding the name, address, and telephone number of each appropriate health care facility within its jurisdiction.

(b) Identifying and maintaining current data regarding the name, title, and telephone number of each facility's contact person for allegations involving alleged withholding of medically indicated treatment from disabled infants with life-threatening conditions, hereinafter referred to as alleged withholding.

(c) Identifying and maintaining the name and chairperson of the appropriate health care facility's review committee, if such a committee exists.

(d) Internal PCSA procedures for intervening in cases involving alleged withholding.

(E) In accordance with rule 5101:2-5-13.1 of the Administrative Code, the memorandum may address how the PCSA would continue to maintain operations including, but not limited to, receiving and investigating child abuse and/or neglect reports in the event of a disaster.

(F) All PCSAs shall submit a written copy of the memorandum to the appropriate Ohio department of job and family services (ODJFS) field office.

(1) The PCSA shall submit a written copy of any amendment to the memorandum to the appropriate ODJFS field office within ninety days of amendment.

(2) If amendment to the memorandum is necessary because of revisions to this rule, the PCSA shall submit a written copy of the revised memorandum to the ODJFS field office within ninety days of the effective date of this rule. The revised memorandum shall be signed by all parties to the memorandum.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5153.166
Rule Amplifies: 2151.421 , 5153.16
Prior Effective Dates: 4/1/83, 1/1/87, 4/1/87 (Emer.), 7/1/87, 1/1/88, 10/1/91, 10/1/95, 4/11/96, 10/1/97 (Emer.), 12/30/97, 2/1/03, 4/17/06, 8/25/08, 10/1/09

5101:2-33-28 Joint planning and sharing of information among the PCSA and CDJFS.

(A) Upon receipt of a request from the county department of job and family services (CDJFS), the public children services agency (PCSA) shall engage in joint planning and sharing of information with the CDJFS in order to:

(1) Assess, plan and provide coordinated services to children, families and adults receiving services from the PCSA and the CDJFS.

(2) Assist the CDJFS in establishing best interests statements for minor parents who apply for or participate in Ohio works first (OWF) pursuant to section 5107.24 of the Revised Code.

(3) Assist OWF families receiving services from the PCSA to implement provisions of their family assessment/appraisal and self-sufficiency contract.

(B) If the PCSA plans or shares information with the CDJFS in accordance with paragraph (A)(3) of this rule, the PCSA shall request a copy of the OWF self-sufficiency contract from the CDJFS. The PCSA shall indicate in the case record the date the request was made.

(C) The PCSA shall share information about PCSA services provided to children and families, including minor parents, who also receive assistance or services from the CDJFS. If sharing information with the CDJFS, the following information may be provided without consent of the family receiving services:

(1) Whether or not an assessment/investigation of child abuse or neglect has been initiated.

(2) Services provided as a result of a PCSA assessment/investigation of child abuse or neglect.

(3) General status of the health and safety of the child who is the subject of a report of child abuse or neglect.

(4) Whether or not a report of child abuse or neglect results in the filing of a complaint in juvenile court or criminal charges in another court.

(5) Whether or not an agreed upon or court ordered case plan is completed pursuant to section 2151.412 of the Revised Code. If a PCSA wants to include the JFS 01410 "Comprehensive Assessment and Planning Model - I.S., Case Plan" (rev. 2/2006) as part of the OWF self-sufficiency contract, the PCSA shall follow procedures outlined in the OWF county plan of cooperation.

(D) If information is shared regarding assessments/investigations of child abuse and neglect reports, the PCSA shall:

(1) Not disclose the identity of the referent/reporter or any person providing information during the course of a child abuse or neglect assessment/investigation pursuant to rule 5101:2-33-21 of the Administrative Code.

(2) Inform the CDJFS in writing that all information regarding the child abuse or neglect assessment/investigation shall not be kept in the agency's case record but in a separate file the agency shall maintain.

(E) The PCSA shall notify the CDJFS if a child is removed from an OWF assistance group pursuant to rule 5101:2-39-01 of the Administrative Code and division (E)(1) of section 5107.10 of the Revised Code and procedures set forth in the OWF county plan of cooperation.

(F) If a PCSA identifies an OWF family in need of prevention, retention, and contingency (PRC) services; the PCSA shall follow procedures outlined in the OWF county plan of cooperation.

(G) Upon receipt of a request from the PCSA, the CDJFS shall assist the PCSA in obtaining case or assistance group information regarding a family's current participation in OWF or former participation in aid to families with dependent children (ADC) when the PCSA:

(1) Assesses Title IV-E eligibility for foster care maintenance or adoption assistance.

(2) Assesses/investigates a child abuse or neglect report.

Effective: 07/01/2014
R.C. 119.032 review dates: 02/06/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.421 , 5153.16
Rule Amplifies: 2151.421 , 5153.16
Prior Effective Dates: 6/30/97 (Emer.), 9/28/97, 10/1/97 (Emer.), 12/30/97, 2/1/03, 3/1/06, 11/1/11

5101:2-33-29 Verification of United States citizenship and immigration status for all children in foster care.

(A) All Title IV-E agencies shall verify United States (U.S.) citizenship and immigration status for all children in foster care regardless of whether Title IV-E foster care maintenance (FCM) payments are made on their behalf.

(B) Documents that verify citizenship are:

(1) A U.S. birth certificate.

(2) A U.S. passport, unless it is authorized with a limitation; limited passports are issued through the department of homeland security (DHS).

(3) A certification of birth issued by the department of state (form DS-1350).

(4) A report of birth abroad of a U.S. citizen (form FS-240).

(5) A certificate of birth abroad (FS-545).

(6) A U.S. citizen identification card (I-197).

(7) A certificate of naturalization (N-550 or N-570).

(8) A certificate of U.S. citizenship (N-560 or N-561) for children who derived their citizenship through a parent.

(9) An extract from a hospital record on hospital letterhead established at the time of the individual's birth that was created at least five years before the initial date of custody, and indicates a U.S. place of birth. For a child under sixteen, the document must have been created near the time of birth.

(10) A life insurance, health insurance, or other insurance record showing a U.S. place of birth and created at least five years before the initial date of custody. For children under sixteen, the document must have been created near the time of birth.

(11) A statement provided from a U.S. consular officer certifying that the individual is a U.S. citizen.

(12) An American Indian card (I-872) issued by the department of homeland security (DHS) with the classification code "KIC" and a statement on the back identifying U.S. citizenship of members of the Texas band of Kickapoos living near the United States/Mexican border.

(13) A state match with the state data exchange (SDX) for supplemental security income (SSI).

(14) Birth information obtained by the Title IV-E agency through Ohio department of job and family services (ODJFS)-authorized data exchanges or data sharing agreements.

(15) A federal or state census record showing U.S. citizenship or a U.S. place of birth, including an individual's age.

(16) Native American tribal documents, including but not limited to:

(a) A Seneca Indian tribal census record.

(b) The bureau of Indian affairs tribal census records of the Navajo Indians.

(c) A certificate of Indian blood.

(d) U.S. American tribal documents.

(e) Other native American tribal documents.

(17) Affidavits may be used only in rare circumstances when the agency is unable to secure evidence of citizenship from another listing. Affidavits are signed under penalty or perjury, but need not be notarized. If the documentation requirement needs to be met through affidavits, the following rules apply:

(a) There shall be at least two affidavits by people who have personal knowledge of the event(s) establishing the individual's claim of citizenship. The two affidavits could be combined in a joint affidavit. At least one of the persons making the affidavit cannot be related to the individual and neither person can be the individual.

(b) Persons making the affidavit must be able to provide proof of their own citizenship. The persons making the affidavit shall have information which explains why documentary evidence establishing the individual's claim of citizenship does not exist or cannot be readily obtained.

(C) For all children who are determined non-citizens, the Title IV-E agency shall obtain verification of their alien status.

(D) A qualified alien status shall be verified by one of the following:

(1) An alien who is lawfully admitted for permanent residence (I-551) or (I-94) under the Immigration and Nationality Act of 1952 (INA).

(2) An alien who is granted asylum (I-94) under section 208 of the INA.

(3) A refugee (I-94) or (I-571) who is admitted to the U.S. under section 207 of the INA.

(4) An alien whose deportation is being withheld (I-688B) or (I-766) under section 243(h) or section 241 (b)(3) of the INA.

(5) An alien who is granted conditional entry (I-94) pursuant to section 203(a)(7) of the INA.

(6) A Cuban or Haitian entrant (I-551).

(7) An alien or the child or parent of an alien who has been battered or subjected to extreme cruelty in the U.S.

(E) If a mother is a naturalized U.S. citizen and the baby was not born in the U.S., the baby's citizenship status would depend on whether the baby was born before or after the mother became a U.S. citizen. In most cases, when the parent becomes a naturalized U.S. citizen and the baby is living with the parent in the U.S., the baby would also become a U.S. citizen.

(F) A child who is in the U.S. under a visitor or tourist's visa or under a student arrangement does not meet the qualified alien status.

(G) All U.S. citizenship and immigration status verification documentation shall be kept in the child's case record regardless of the child's status.

(H) For a child who enters foster care , the Title IV-E agency shall verify citizenship or immigration status within sixty days of entrance.

Effective: 05/01/2014
R.C. 119.032 review dates: 01/23/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 5153.166
Rule Amplifies: 5153.166
Prior Effective Dates: 3/15/08

5101:2-33-55 Education and in-service training requirements for PCSA caseworkers.

(A) As used in this rule, "caseworker" is as defined in rule 5101:2-1-01 of the Administrative Code.

(B) A public children services agency (PCSA) may hire a caseworker only if the applicant has one or more of the following:

(1) Bachelor's degree in human services related studies.

(2) Bachelor's degree in any field and employed for at least two years in a human services related occupation.

(3) Associate's degree in human services related studies.

(4) Employed for at least five years in a human services related occupation.

(C) At the time of employment, the PCSA shall inform the employee of the educational requirements in order to continue employment with the agency.

(D) For employment to continue, a person described in paragraph (B)(2), (B)(3), or (B)(4) of this rule must obtain a job-related bachelor's degree not later than five years after the date employment with the agency commences.

(E) A caseworker employed by the PCSA prior to October 5, 2000 is not required to comply with the educational provisions contained in paragraphs (B), (C) and (D) of this rule.

(F) PCSA caseworkers hired after January 1, 2007 shall complete all of the following:

(1) One hundred two hours of in-service training during the first year of the caseworker's continuous employment with the agency.

(a) This training requirement shall be met by attending the Ohio child welfare training program's (OCWTP), child welfare caseworker core training as described in section 5153.122 of the Revised Code.

(b) The director of the PCSA may waive the training requirement for a school of social work graduate who completed the university partnership program (UPP) described in section 5101.141 of the Revised Code.

(2) Thirty-six hours of annual in-service training in areas relevant to the caseworker's assigned duties after the first year of continuous employment with the agency as a caseworker.

(3) A PCSA caseworker shall complete a minimum of twelve hours of domestic violence training within two years of the date of hire. Training shall include but is not limited to all of the following:

(a) Laws governing domestic violence, including all of the following:

(i) The definition of domestic violence under section 3113.31 of the Revised Code.

(ii) Mandates of courts, law enforcement and health care professionals.

(iii) Protection orders available to the victim under sections 2919.26 and 3113.31 of the Revised Code.

(b) The dynamics of domestic violence and its affects on the family and other members within the household including children and the elderly.

(c) The identification and assessment of domestic violence, including physical, behavioral, emotional and verbal indicators that a family or household member may be at risk of domestic violence.

(d) Safety planning for the victim of domestic violence and other family members within the household at risk of abuse or neglect, including children and the elderly.

(e) Accessing supportive and preventative services through coordination with community service providers.

(4) A PCSA caseworker shall complete an introductory course in human trafficking within two years of the date of hire. Training shall include but is not limited to all of the following:

(a) Laws governing human trafficking, including all of the following:

(i) The definition of human trafficking under section 2929.01 of the Revised Code.

(ii) Mandates of court, law enforcement and other organizations working to bring attention to the problem of human trafficking.

(iii) Acts against trafficking persons under section 2905.32 of the Revised Code.

(b) The dynamics of human trafficking and its effects on the victims.

(c) Human trafficking: What is it?

(d) The provision of resources to identify and assess victims of human trafficking. Working with community resource providers in the area of human trafficking.

(G) The PCSA may elect to offer initial orientation training about the agency and the community to newly hired caseworkers. If an agency offers initial orientation training, this does not count toward fulfilling the mandatory training requirements outlined in paragraph (F)(1) of this rule.

(H) A newly hired PCSA caseworker who completed the UPP, shall do all of the following within the first year of employment:

(1) Complete an individual training needs assessment .

(2) Attend training on the legal aspects of child protective services (not covered in the UPP.

(3) Complete a minimum, thirty-six hours of ongoing training (if the rest of the core requirements is waived by the PCSA director).

(I) The PCSA director may waive certain training course requirements if any of the following occurs:

(1) Within the last two years the PCSA caseworker was previously employed by another PCSA or the same PCSA and completed one or more OCWTP's "Child Welfare Caseworker Core" training courses . However, any core courses not completed by the caseworker during the previous employment cannot be waived.

(2) A PCSA hires an individual who has completed the UPP pursuant to paragraph (F)(1)(b) of this rule.

(3) A PCSA hires an individual who was a social work student intern, and who completed the "Child Welfare Caseworker Core" as part of the internship.

(4) A caseworker has documentation of completion of domestic violence training as outlined in paragraph (F)(3) of this rule.

(J) If a waiver is granted pursuant to paragraph (I)(3) of this rule, the PCSA shall provide in-service training to the caseworker on changes in policy and procedures occurring during the lapse in time since the caseworker completed the course.

(K) PCSA staff supervising caseworkers shall work with each caseworker to determine the caseworker's training needs and to ensure compliance with paragraph (F) of this rule at a minimum of once every two years . Training needs shall be based upon all of the following:

(1) Prior background and experience of the caseworker.

(2) Job duties and responsibilities of the caseworker.

(3) Competencies the caseworker and supervisor identify as needs .

(L) The caseworker and supervisor shall jointly develop a training plan to address needed competencies. The PCSA may contact the OCWTP's regional training center for assistance in identifying appropriate training activities for the caseworker.

(M) A caseworker's ongoing in-service training requirements may be fulfilled by participating in a variety of training activities. These training activities may include training offered by any of the following:

(1) OCWTP.

(2) Ohio human services training system.

(3) Ohio department of job and family services. Up to six hours of rules training may be counted toward meeting the continuing education training requirement.

(4) Accredited colleges or universities if the course work is relevant to the caseworker's assigned duties. When calculating in-service training hours through completion of courses offered by colleges or universities the PCSA shall use the number of semester/quarter hours awarded by the college or university.

(5) Seminars, conferences and workshops relevant to the caseworker's assigned duties.

(N) The PCSA shall be responsible for all of the following:

(1) Notifying its designated OCWTP regional training center of new caseworkers hired by the agency in order for the regional training center to establish a training history of the employee.

(2) Maintaining all employees' education and in-service training records, including college transcripts and documentation of compliance with all provisions of this rule.

(3) Having the caseworker complete, on a annual basis, the JFS 01825 "Public Children Services Agency Training Record for Caseworkers" (rev. 9/2006) or enter the same information contained on the JFS 01825 in the agency's database or a form developed by the PCSA.

Effective: 05/01/2013
R.C. 119.032 review dates: 01/03/2013 and 05/01/2018
Promulgated Under: 119.03
Statutory Authority: 5153.112 , 5153.122 , 5153.123 , 5153.127
Rule Amplifies: 5153.112 , 5153.122 , 5153.123 , 5153.127
Prior Effective Dates: 8/1/87, 1/1/89, 12/15/95, 3/1/96, 1/1/97, 9/1/97, 4/1/01, 2/1/03, 7/1/06, 1/1/07, 8/17/09

5101:2-33-56 Education and -in-service training requirements for PCSA supervisors.

(A) A public children services agency (PCSA) supervisor, as defined in rule 5101:2-1-01 of the Administrative Code, shall complete all of the following:

(1) A minimum of sixty hours of supervisory core training offered by the Ohio child welfare training program (OCWTP) during the first year of the supervisor's continuous employment with the agency in that position.

(2) Thirty hours of annual in-service training in areas relevant to the supervisor's assigned duties after the first year of continuous employment with the agency as a supervisor.

(3) Completion of any remaining supervisory core modules offered by the OCWTP during the second year of continuous employment with the agency.

(4) Twelve hours of domestic violence training during the first two years of continuous employment with the agency. The twelve hours may be in addition to the training required during the supervisor's first year of employment or part of the training required during the second year of employment. Training shall include, at a minimum, the following:

(a) Laws governing domestic violence, including all of the following:

(i) The definition of domestic violence under section 3113.31 of the Revised Code.

(ii) Mandates of courts, law enforcement and health care professionals.

(iii) Protection orders available to the victim under sections 2919.26 and 3113.31 of the Revised Code.

(b) The dynamics of domestic violence and its affects on the family and other members within the household, including children and the elderly.

(c) The identification and assessment of domestic violence, including physical, behavioral, emotional and verbal indicators that a family or household member may be at risk of domestic violence.

(d) Safety planning for the victim of domestic violence and other family members within the household at risk of abuse or neglect, including children and the elderly.

(e) Accessing supportive and preventative services through coordination with community service providers.

(B) The PCSA may elect to offer initial orientation training about the agency and the community to newly hired supervisors. If an agency offers initial orientation training, this does not count toward fulfilling the mandatory training requirements outlined in paragraph (A) of this rule.

(C) The PCSA director may waive completion of one or more training course requirements if either of the following occurs:

(1) Within the last two years a PCSA supervisor was previously employed by another PCSA or the same PCSA and completed one or more OCWTP "Supervisory Core Courses". However, any core courses not completed by the supervisor during the previous employment cannot be waived.

(2) A supervisor has documentation of completion of domestic violence training as outlined in paragraph (A)(4) of this rule.

(D) If a waiver is granted pursuant to paragraph (C)(1) of this rule, the PCSA shall provide in-service training to the supervisor on any changes in policy and procedures occurring since the supervisor completed the course.

(E) The PCSA director or designee shall work with each supervisor once every two years to determine the supervisor's training needs to ensure compliance with paragraph (A) of this rule. Training needs shall be based upon all of the following:

(1) Prior background and experience of the supervisor.

(2) Relevant assigned job duties and responsibilities of the supervisor.

(3) Competencies the supervisor and the immediate supervisor identify as needs .

(F) The supervisor and the immediate supervisor shall jointly develop a training plan. The PCSA may contact the OCWTP regional training centers for assistance in identifying appropriate training activities for the supervisor.

(G) The supervisor's ongoing in-service training requirements may be fulfilled by participating in a variety of training activities. These training activities may include training offered by any of the following:

(1) OCWTP.

(2) Ohio human services training system.

(3) Ohio department of job and family services. Up to six hours of rules training may be counted toward meeting the continuing education training requirement.

(4) Accredited colleges or universities if the course work is relevant to the supervisor's assigned duties. When calculating in-service training hours through completion of courses offered by colleges or universities the PCSA shall use the number of semester/quarter hours awarded by the college or university.

(5) Seminars, conferences and workshops relevant to the supervisor's assigned duties.

(H) The PCSA shall be responsible for all of the following:

(1) Notifying its designated OCWTP regional training center of new supervisors hired by the agency in order for the regional training center to establish a training history of the employee.

(2) Maintaining all of the employees' education and in-service training records including college transcripts and documentation of compliance with all provisions of this rule.

(3) Having supervisors complete, on an annual basis, the JFS 01826 "Public Children Services Agency Training Record for Supervisors" (rev. 9/2006) or enter the same information contained on the JFS 01826 in the agency's database or a form developed by the PCSA.

Effective: 05/01/2013
R.C. 119.032 review dates: 01/03/2013 and 05/01/2018
Promulgated Under: 119.03
Statutory Authority: 5153.123
Rule Amplifies: 5153.123 , 5153.124 , 5153.126 , 5153.166
Prior Effective Dates: 1/1/97, 9/1/97, 4/1/01, 2/1/03, 7/1/06, 1/1/07, 8/17/09

5101:2-33-60 Domestic violence training requirements for CDJFS and PCSA employees. [Rescinded].

Rescinded eff 7-1-06

5101:2-33-70 Statewide automated child welfare information system (SACWIS).

(A) The Ohio department of job and family services shall establish and maintain the Ohio statewide automated child welfare information system (SACWIS) in accordance with the requirements of 42 USC 674(a)(3)(C) . Each of Ohio's eighty-eight counties shall adhere to a statewide SACWIS implementation schedule for the implementation and usage of SACWIS. Once SACWIS is implemented in a county, that county is no longer responsible for reporting children services information into the family and children services information system (FACSIS), in accordance with rule 5101:2-33-05 of the Administrative Code.

(B) All public children services agencies (PCSA) shall enter applicable children services information contained in this rule and/or which is required by federal or state statute, regulation, or rule. Agencies shall directly input the information into SACWIS.

(C) Each PCSA shall enter children services data into SACWIS including but not limited to:

(1) Person/family demographics and profile information;

(2) Intake and assessment/investigation including assessment tools;

(3) Case status information;

(4) Case plan, services, case review(s) and court activity information;

(5) Custody and placement information;

(6) Adoption information including recruitment activities, pre-adoptive staffing, or matching conference information;

(7) Provider record including homestudies, recruitment plans and events;

(8) Children services related agency administrative and training activities;

(9) Financial eligibility and re-determinations, record reimbursement information, and financial information to support accounts payable to counties and providers;

(10) Exchange data with support enforcement tracking system (SETS), medicaid management information system (MMIS), and client registry information system-enhanced (CRIS-E) to determine eligibility and the central accounting system (CAS) and auditor of state (AOS) to disburse payments;

(11) Data as required by section 479 of the Social Security Act ( 42 USC 679 ); 45 CFR parts 1355, 1356, and 1357 for the adoption and foster care analysis and reporting system (AFCARS); national child abuse, neglect, dependency system (NCANDS), child and family services reviews (CFSR), child protection and oversight evaluation (CPOE) system, and Multiethnic Placement Act of 1994 (MEPA), as amended by section 1808 of the Small Business Job Protection Act of 1996, 42 USC 622(b)(9) , 42 USC 671(a)(18) , 42 USC 674(d) and 42 USC 1996(b) ;

(12) Any other data identified by the department as necessary to reflect current case, person, placement resource or licensing information, financial information or agency status.

(D) The PCSA shall enter and update information in SACWIS each work day or as information becomes available, pursuant to paragraphs (B) and (C) of this rule.

(E) Use of data in SACWIS shall be in compliance with rules 5101:2-33-21 and 5101:2-33-22 of the Administrative Code.

(F) Access to and use of data in SACWIS shall be limited to the extent necessary to carry out the child welfare program under Title IV-B of the Social Security Act, 81 Stat. 821 (1967) 42 USC 620 , as amended, and the Child Abuse Prevention and Treatment Act, 88 Stat. 4 (1974), 42 USC 5101 , as amended, and Title IV-E of the Social Security Act, 94 Stat. 501, 42 USC 670(1980) , as amended, and Title XX of the Social Security Act, 88 Stat. 2337 (1974), 42 USC 1397 , as amended.

(1) Personnel having access to SACWIS shall be limited to those persons who have been trained in the confidentiality requirements of SACWIS, who are informed of all penalties, who have been trained in security procedures, and who have signed the JFS 07078 "ODJFS Code of Responsibility for Security and Confidentiality of Data Rules" (rev. 4/2005).

(2) The PCSA shall monitor access to and use of SACWIS to prevent and promptly identify unauthorized use of SACWIS.

(3) The PCSA shall ensure that all personnel who may have access to or be required to use SACWIS are informed of applicable requirements and penalties and have been trained in security procedures.

(4) In addition to the criminal penalty provision listed in section 5101.99 of the Revised Code, the PCSA shall have administrative penalties, up to and including dismissal from employment, for unauthorized access to or disclosure or use of data in SACWIS.

(G) The department may issue sanctions in accordance with section 5101.24 of the Revised Code which may result in the withholding of state and/or federal funding, if the PCSA fails to enter required information described in paragraph (D) of this rule in SACWIS.

Effective: 01/29/2007
Promulgated Under: 111.15
Statutory Authority: 5101.134 .
Rule Amplifies: 5101.13 , 5101.131 , 5101.132 , 5101.133

5101:2-33-80 Retained applicant fingerprint database information exchange (Rapback).

(A) A public children services agency (PCSA), private child placing agency (PCPA) or private noncustodial agency (PNA) shall establish an e-mail account in order to receive electronic notifications from the Ohio department of job and family services (ODJFS) regarding the retained applicant database information exchange.

(B) The agency shall submit the e-mail account information to ODJFS according to the following:

(1) Within ten days of receiving its license from ODJFS.

(2) Within twenty-four hours of changing the e-mail account information, if the information changes after submission to ODJFS.

(C) The PCPA or a PNA shall enter the following information regarding any adult household member subject to a criminal records check on the JFS 01318 "SACWIS Private Agency Provider Request" (rev. 4/2009):

(1) Legal name.

(2) Date of birth.

(3) Social security number.

(D) The PCSA shall enter the following information regarding any adult household member subject to a criminal records check into the statewide automated child welfare information system (SACWIS):

(1) Legal name.

(2) Date of birth.

(3) Social security number.

(E) The information required in paragraphs (C) and (D) of this rule shall be completed as follows:

(1) If the agency has not completed a JFS 01318 form or entered the required information into SACWIS for a currently certified or approved foster and adoption home, the agency shall complete the information .

(2) Upon the recommendation to certify or approve a foster or adoptive home. .

(3) Within ten days after a change in occupancy involving a household member subject to a criminal records check.

(F) If the agency receives a notification that an individual in the home of a certified foster caregiver or in the home of a person approved for adoption has been fingerprinted in relation to a crime, the agency shall contact BCII within two business days of receiving the notification to request additional information.

(G) The agency shall review any additional information within one business day of receiving it from BCII.

(H) If a home is certified as a foster home and approved for adoption by two different agencies, each agency shall perform the requirements of this rule.

(I) If the additional information from BCII indicates that a person in the household of a certified foster caregiver or in the home of a person approved for adoption has been arrested, convicted, or plead guilty to any offense, the agency shall take appropriate action within twenty-four hours of receiving the additional information from BCII. Appropriate action at a minimum shall include:

(1) Contact the local law enforcement agency that made the arrest.

(2) Notify, within twenty-four hours, any other agency that holds custody of a child in the home and inform the agency of the information received.

(3) Re-evaluate the household to ensure the home will not jeopardize in any way the health, safety or welfare of the children in the home.

(J) The agency shall complete and submit to ODJFS the JFS 01301 "Retained Applicant Fingerprint Database Post-Notification Report" (12/2008) within ten business days after taking action on the additional information received from BCII.

(K) The agency shall document all information and results related to the retained applicant database information exchange in the file of the foster caregiver or the adoptive home.

Effective: 08/01/2014
R.C. 119.032 review dates: 04/30/2014 and 08/01/2019
Promulgated Under: 119.03
Statutory Authority: 5101.32
Rule Amplifies: 109.5721 , 5101.32
Prior Effective Dates: 12/31/2008, 3/1/10

5101:2-33-98 Implementation of pilot protocols for public children services agencies participating in the Comprehensive Assessment and Planning Model- Interim Solution pilot program. [Rescinded].

Rescinded eff 10-1-08

5101:2-33-99 Implementation of the Comprehensive Assessment and Planning Model - Interim Solution. [Rescinded].

Rescinded eff 10-1-09