LAW
Writer®
Ohio Laws and Rules
(A) Within twenty-four hours or on the next working day from the date of receipt of a report of child abuse and neglect, the public children services agency (PCSA) shall record on the PCSA’s designated form and forward to the person responsible for data entry, the following central registry information:
(1) Time report received.
(2) Reporting source.
(3) Type of child abuse and neglect allegation.
(4) Assignment of emergency/non-emergency.
(5) Identification of any individual involved in the report.
(6) Definition of role and relationship of any individual involved in the report.
(B) At any time after the PCSA has begun an assessment/investigation, but always within twenty-four hours from the date the PCSA makes a case disposition/resolution the PCSA shall record and forward for data entry the following information:
(1) Time investigation initiated.
(2) Emergency/nonemergency status, if changed.
(C) Within twenty-four hours or on the next working day from the date the PCSA makes a case disposition/resolution pursuant to paragraph (U) or (V) of rule 5101:2-34-32 of the Administrative Code, the following information shall be recorded on the PCSA’s designated form and forwarded to the person responsible for data entry:
(1) Case resolution/disposition.
(2) Setting of alleged child abuse or neglect.
(3) Family or out-of-home care setting characteristics.
(4) Court action initiated, if applicable.
(5) Supportive services planned or provided.
(6) Report disposition and resolution including disposition for each alleged child victim.
(7) Primary maltreatment type.
(8) Severity of maltreatment type.
(9) Secondary maltreatment type, if applicable.
(10) Other maltreatments.
(D) During an investigation, the PCSA shall update any new or modified information contained in paragraphs (A)(5) and (A)(6) of this rule.
(E) When an appeal of a PCSA disposition/resolution of a report of child abuse and neglect is heard and the PCSA changes the original disposition/resolution, the PCSA shall update the central registry information immediately.
Effective: 04/17/2006
R.C. 119.032 review dates: 09/27/2005 and 11/30/2010
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 11/22/81, 1/01/90, 6/30/97 (Emer.), 9/28/97, 4/1/01
(A) Reports meeting the criteria listed in this rule will be expunged by Ohio department of job and family services (ODJFS) from the central registry so that all information which might serve to identify a principal of a child abuse and neglect report will be removed from the central registry and will not later be recovered. Nonidentifying data will be stored for purposes of statistical studies by ODJFS. ODJFS shall notify the appropriate public children services agency (PCSA) on a routine basis of reports that have been expunged.
(B) Expunction timeframes are based on the case disposition or case resolution made by the PCSA pursuant to rule 5101:2-34-32 of the Administrative Code.
(1) For each report where only a case disposition has been reported to the central registry, the expunction timeframes for case disposition will apply.
(2) For each report completed prior to April 1, 2001 where only a case resolution has been reported to the central registry, the expunction timeframes for case resolution will apply.
(3) For each report where both a case disposition and a case resolution have been reported to the central registry pursuant to rule 5101:2-35-16 of the Administrative Code, the expunction timeframes for case disposition will apply.
(C) All reports involving the same individual will be linked, regardless of case disposition or case resolution, and will remain in the central registry according to the case disposition or case resolution requiring the longest period of retention pursuant to paragraphs (D), (E), and (F) of this rule.
(D) Except as provided in paragraph (H) of this rule, the expunction timeframes for case resolution are as follows:
(1) Reports with a “no risk” rating will be expunged after three months.
(2) Reports with a “low risk” rating will be expunged after six months.
(3) Reports with a “low/moderate risk” rating will be expunged after one year.
(4) Reports with a “moderate risk” rating will be expunged after five years.
(5) Reports with a “moderate/high risk” rating will be expunged after ten years.
(6) Reports with a “high risk” rating will be expunged after ten years.
(E) Except as provided in paragraph (H) of this rule, expunction timeframes for case disposition are as follows:
(1) “Unsubstantiated” reports will be expunged after three months.
(2) “Indicated” reports will be expunged after five years.
(3) “Substantiated” reports will be expunged after ten years.
(F) Reports with a case disposition of “unable to locate” will remain in the central registry for ten years. If the family is located and a case disposition listed in paragraph (E) of this rule is entered, the report will be expunged according to the appropriate timeframe.
(G) Reports with no case resolution or case disposition will remain in the central registry for ten years. If a case disposition listed in paragraph (E) of this rule is entered, the report will be expunged according to the appropriate timeframe.
(H) Reports in which the alleged child victim received protective services from the PCSA after the assessment/investigation was completed will be expunged from the central registry once that individual reaches age twenty-one. The identifying information regarding the alleged perpetrator and the caretaker will be expunged from central registry in accordance with paragraph (B) of this rule.
(I) The expunction time frames are calculated from the date the case disposition or case resolution is completed. For reports with no case disposition or case resolution, the expunction time frames are calculated from the date the report is opened for assessment/investigation.
Effective: 04/17/2006
R.C. 119.032 review dates: 09/27/2005 and 11/30/2010
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.421, 5153.16
Prior Effective Dates: 11/22/81, 1/01/90, 1/1/02
Rescinded eff 10-1-09
Rescinded eff 10-1-09
Rescinded eff 10-1-09