Chapter 5101:2-36 Screening and Investigation

5101:2-36-01 Intake and screening procedures for child abuse, neglect, dependency and family in need of services reports; and information and/or referral intakes.

(A) A public children services agency (PCSA) shall attempt to obtain, at a minimum, the following information from a referent/reporter upon receipt of referral information in order to determine an intake category and arrive at a screening decision. Receipt of all of the following information is not required in order to screen in a report:

(1) The name(s) and address(es) of the child and his parent, guardian or custodian.

(2) The child's age.

(3) The child's and any family member's race and ethnicity.

(4) The type, extent, frequency, and duration of the abuse, neglect or dependency, as applicable.

(5) Alleged perpetrator's access to the child, if applicable.

(6) The child's current condition.

(7) The child's current location.

(8) Circumstances regarding the abuse, neglect, or dependency or the circumstances indicating a need for PCSA services.

(9) Information regarding any evidence of previous injuries, abuse, or neglect.

(10) Any other information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or the known or suspected threat of injury, abuse, or neglect or the case circumstances that support the family is in need of PCSA services.

(B) The PCSA may request that a referent/reporter providing information submit the allegations in writing. The PCSA shall not delay making the screening decision while waiting for the written information from the referent/reporter.

(C) All information reported to a PCSA alleging known or suspected child abuse, neglect, or dependency, or indicating a family is in need of PCSA services shall be recorded in the statewide automated child welfare information system (SACWIS).

(D) If a PCSA receives a referral alleging abuse or neglect of a child located in Ohio and the child's parent, guardian or custodian resides in another state, the PCSA shall:

(1) Contact the children services agency (CSA) and inform the CSA of the referral pursuant to rule 5101:2-36-13 of the Administrative Code.

(2) Assess child safety, including leading assessment/investigative efforts.

(E) Within twenty-four hours from receipt of the information, the PCSA shall categorize the information received into one of the following intake categories:

(1) Child abuse and/or neglect report.

(a) Physical abuse, in accordance with section 2151.031 of the Revised Code, and any report alleging either of the following:

(i) An infant identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

(ii) An infant diagnosed with a fetal alcohol spectrum disorder.

(b) Physical abuse, shaken baby, in accordance with section 2151.031 of the Revised Code.

(d) Emotional maltreatment/mental injury, in accordance with section 2151.011 or 2151.031 of the Revised Code.

(e) Neglect, in accordance with section 2151.03 of the Revised Code.

(f) Medical neglect, in accordance with section 2151.03 of the Revised Code.

(g) Disabled infant, also known as "Baby Doe", in accordance with rule 5101:2-36-07 of the Administrative Code.

(2) Dependency report. Dependent child, as defined in section 2151.04 of the Revised Code.

(3) Family in need of services report.

(a) Emancipated youth, in accordance with rule 5101:2-42-19.2 of the Administrative Code.

(b) Permanent surrender, in accordance with rule 5101:2-42-09 of the Administrative Code.

(c) Deserted child, as defined in rule 5101:2-1-01 of the Administrative Code and in accordance with rule 5101:2-36-06 of the Administrative Code.

(d) Stranger danger investigation, in accordance with rule 5101:2-36-05 of the Administrative Code.

(e) Post-finalization adoption services, in accordance with rule 5101:2-1-01 of the Administrative Code.

(f) Preventive services, as defined in rule 5101:2-1-01.1 of the Administrative Code.

(g) Unruly child/delinquent child, whom the PCSA considers to be in need of public care or protective services in accordance with section 5153.16 of the Revised Code and memorandum's specified in rule 5101:2-33-26 of the Administrative Code.

(h) Child fatality, not as a result of child abuse and/or neglect, in accordance with rule 5101:2-42-89 of the Administrative Code.

(i) Required non-lead PCSA interviews, in accordance with rules 5101:2-36-03, 5101:2-36-04, and 5101:2-36-09 of the Administrative Code and sections 5103.20 and 2151.56 of the Revised Code.

(j) Courtesy supervision in accordance with sections 5103.20 and 2151.56 of the Revised Code.

(k) Home evaluation/visitation assessment, in accordance with rules 5101:2-1-01.1 and 5101:2-42-18 of the Administrative Code or in response to a request from another PCSA or a court exercising appropriate jurisdiction.

(l) Postnatal placement services to an infant of an incarcerated mother, in accordance with rule 5101:2-42-60 of the Administrative Code.

(m) Adoption subsidy only in accordance with Chapter 5101:2-49 of the Administrative Code.

(n) Interstate compact on the placement of children (ICPC) in accordance with rule 5101:2-52-04 of the Administrative Code.

(o) Alternative response required non-lead PCSA contacts, in accordance with rule 5101:2-36-20 of the Administrative Code.

(4) Information and/or referral, pursuant to rule 5101:2-1-01.1 of the Administrative Code, if paragraph (E)(1), (E)(2), or (E)(3) of this rule do not apply.

(F) The PCSA shall record referral information received into SACWIS in accordance with the following:

(1) Referral information received during the PCSA's regular business hours shall be recorded in SACWIS no later than twenty-four hours from the time the referral information is received.

(2) Referral information received outside of the PCSA's regular business hours shall be recorded in SACWIS no later than the next working day from the date and time of the receipt of the referral information.

(3) The original date and time the referral information is received by the PCSA shall be reflected in SACWIS including the actual date and time of the screening decision.

(G) The PCSA shall complete the screening decision and determine the immediacy of need for agency response to ensure child safety within twenty-four hours from receipt of the information and following the categorization of the referral information in accordance with paragraphs (E) (1), (E)(2), and (E)(3) of this rule based on the information received from the referent/reporter and the child protective services records regarding the principals of the report.

(H) The PCSA shall assign the following types of reports of child abuse and/or neglect to the traditional response pathway:

(1) Reports containing allegations that could result in charges of felony child endangering.

(2) Reports containing allegations that could result in charges of criminal sexual conduct.

(3) Reports containing allegations of the sexual abuse of a child or an abused child who is also a victim of sexual abuse.

(4) Reports containing allegations that could result in charges of homicide.

(5) Reports requiring a specialized assessment as identified in rule 5101:2-36-04 of the Administrative Code.

(6) Reports requiring a third party investigative procedure as identified in rule 5101:2-36-08 of the Administrative Code.

(7) Reports containing allegations regarding a suspicious child fatality.

(I) PCSAs that have the written approval from the Ohio department of job and family services to participate in alternative response shall assign reports screened in and categorized pursuant to paragraph (E)(1) of this rule to one of the following pathways:

(1) Traditional response, pursuant to Chapters 5101:2-36, 5101:2-37, and 5101:2-38 of the Administrative Code.

(2) Alternative response, pursuant to rule 5101:2-36-20 of the Administrative Code.

(J) The PCSA shall conduct an assessment/investigation in the traditional response pathway in accordance with rules contained in Chapter 5101:2-36 of the Administrative Code for all screened in reports.

(K) The PCSA shall conduct an assessment in the alternative response pathway pursuant to rule 5101:2-36-20 of the Administrative Code.

(L) All referral information categorized as information and/or referral shall be screened out. The PCSA shall identify which of the following activities was completed by the PCSA.

(1) Directed/advised to contact non-PCSA service provider within the county.

(2) Directed/advised to contact non-PCSA service provider outside the county.

(3) Provided information only/no referral made.

(M) The PCSA shall record in SACWIS all of the referral information screened out , including but not limited to:

(1) The date and time information received.

(2) The name of referent/reporter, if known.

(3) Whether or not the referral was made by a mandated reporter.

(N) The PCSA may refer the referent/reporter to the county prosecutor pursuant to the county child abuse and neglect memorandum of understanding developed pursuant to section 2151.421 of the Revised Code.

(O) Additional child abuse and/or neglect allegations screened in within the first four working days of the acceptance of a child abuse and/or neglect report and prior to the completion of a safety assessment, may be added to the initial report and assessed/investigated concurrently with the allegations received initially. The date and time the subsequent report was received along with the reporter information shall be recorded. Initiation of the subsequent allegations is not required.

(P) Additional child abuse and/or neglect allegations screened in after the first four working days of the acceptance of the previous child abuse and/or neglect report or after completion of the safety assessment shall be recorded as a subsequent child abuse and/or neglect report and is subject to the requirements contained in rules 5101:2-36-03, 5101:2-36-04, and 5101:2-36-05 of the Administrative Code.

Effective: 07/01/2011
R.C. 119.032 review dates: 03/16/2011 and 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421, 2151.3518, 5153.166, Sec. 309.45.10 of Am. Sub. H.B. 1 of the 128th General Assembly
Rule Amplifies: 2151.421, 2151.3518, 5153.16, Sec. 309.45.10 of Am. Sub. H.B. 1 of the 128th General Assembly
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 10/1/97 (Emer.), 12/30/97, 3/01/06, 10/01/09

5101:2-36-03 PCSA requirements for intra-familial child abuse and/or neglect assessment/investigations.

(A) A public children services agency (PCSA) shall conduct an intra-familial child abuse and/or neglect assessment/investigation in response to a child abuse and/or neglect report if one or more of the following apply:

(1) The alleged perpetrator is a member of the alleged child victim's family.

(2) The alleged perpetrator has sanctioned or continued access to the alleged child victim.

(3) The alleged perpetrator is involved in daily or regular care for the alleged child victim, excluding a person responsible for the care of a child in an out-of-home care setting.

(B) An intra-familial assessment/investigation shall require the involvement of a third party if a principal named in the report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08 of the Administrative Code.

(C) The PCSA may request the assistance of law enforcement during an assessment/investigation if one or more of the following situations exist and the reason for contacting law enforcement is documented in the case record:

(1) The agency has reason to believe that the child is in immediate danger of serious harm.

(2) The agency has reason to believe that the worker is, or will be, in danger of harm.

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

(4) The assistance of law enforcement needs to be invoked in accordance with the county child abuse and neglect memorandum of understanding.

(D) The PCSA shall initiate the screened in child abuse and/or neglect report in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the alleged child victim within one hour from the time the referral was screened in, to assess child safety and interview the alleged child victim.

(2) For all other reports, attempt a face-to-face contact or complete a telephone contact within twenty-four hours from the time the referral was screened in, with a principal of the report or collateral source who has knowledge of the alleged child victim's current condition, and can provide current information about the child's safety.

(3) If face-to-face contact with the alleged child victim was not attempted within the twenty-four hour timeframe an attempt of face-to-face contact with the alleged child victim shall be made within seventy-two hours from the time the report was screened in to assess child safety and interview the alleged child victim.

(E) The PCSA shall document in the case record the date, time, and with whom the assessment/investigation was initiated.

(F) If the PCSA has attempted to make face-to-face contact with the alleged child victim and at a minimum one parent, guardian, or custodian and one or more of the parties was unavailable, the PCSA shall attempt at least one additional face-to-face contact within the first four working days from the date that the referral was screened in as a child abuse and/or neglect report, in order to complete the JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code.

(G) If the JFS 01401 is completed with the alleged child victim and his/her caretaker, who is not the child's custodian, the PCSA shall attempt to complete face-to-face contact with the alleged child victim's parent, guardian, or custodian no later than the next working day to inform that an assessment of safety of the child occurred.

(1) If unsuccessful, the PCSA shall attempt to complete face-to-face contact with the child's parent, guardian, or custodian once every five working days until contact is made or until the PCSA is required to make a report disposition pursuant to paragraph (T) of this rule.

(2) The PCSA shall document in the case record the date and time of the contact, or attempted contacts.

(H) If the attempted face-to-face contacts with the alleged child victim, as specified in paragraphs (D) and (F) of this rule are unsuccessful, the PCSA shall, at a minimum, continue making attempts for face-to-face contact at least every five working days until the child is seen or until the PCSA is required to make a report disposition pursuant to paragraph (T) or (U) of this rule.

(I) The PCSA shall not interview the alleged child victim without parental consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from his or her home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in his or her home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(J) The PCSA shall not interview the siblings of an alleged child victim, who themselves were not named as alleged child victims, at school or other locations away from their home, without parental consent or the existence of exigent circumstances as outlined in paragraph (I) of this rule. Should an alleged child victim provide information during an interview that indicates a sibling might be in immediate danger of serious harm or that the sibling could provide information regarding immediate danger of serious harm to the alleged child victim, the interview of the sibling who was not identified as an alleged child victim may commence.

(K) If an alleged child victim is interviewed without parental consent, then the same day, the PCSA shall attempt a face-to-face contact with the alleged child victim's parent, guardian, or custodian to inform them that an interview of the child occurred. If unsuccessful, an attempt to complete face-to-face contact shall occur once every five working days until contact is made with the child's parent, guardian, or custodian or until the PCSA is required to make a report disposition pursuant to paragraph (T) or (U) of this rule.

(L) The specific facts necessitating that assessment/investigative interviews of a child be conducted without parental consent must be documented in the case record.

(M) The PCSA shall conduct and document face-to-face interviews with each child residing within the home of the alleged child victim. When possible each child should be interviewed separately and apart from the alleged perpetrator. The purpose of the interviews is to:

(1) Evaluate each child's condition.

(2) Determine if each child is safe.

(3) Obtain each child's explanation regarding the allegations contained in the report. (N) The PCSA need not interview a child if it is determined that:

(1) The child does not have sufficient verbal skills.

(2) Additional interviewing would be detrimental to the child, unless requested by the lead PCSA pursuant to paragraph (AA) or (BB) of this rule.

(O) The PCSA shall conduct and document face-to-face interviews with the alleged perpetrator and all adults residing in the home of the alleged child victim, unless law enforcement or the county prosecutor will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding, in order to:

(1) Assess his or her knowledge of the allegation.

(2) Observe the interaction between the alleged child victim and caretaker.

(3) Obtain relevant information regarding child safety and risk to the child.

(P) The PCSA shall advise the alleged perpetrator of the allegations made against him or her at the time of the initial contact with the person. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, when information is gathered as part of the assessment/investigation process.

(Q) The PCSA shall conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child.

(1) The PCSA shall exercise discretion in the selection of collateral sources to protect the family's right to privacy.

(2) To protect the confidentiality of the principals of the case, people shall not be randomly interviewed.

(R) The PCSA shall take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of trauma on the child's body.

(2) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(3) Securing a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(4) Securing any relevant records, including but not limited to school, mental health, and medical records.

(S) At any time the PCSA determines a child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(T) The PCSA shall complete the report disposition and arrive at a final case decision by completing the JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006) no later than thirty days from the date the PCSA screened in the referral as a child abuse and/or neglect report. The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the report disposition and final case decision cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(U) If the child abuse and/or neglect report involves a principal of the report who is currently receiving ongoing protective services from the PCSA, the PCSA shall complete the report disposition by completing the JFS 01402 "Comprehensive Assessment and Planning Model - I.S., Ongoing Case Assessment/Investigation" (rev. 7/2006).

(1) The JFS 01402 shall be completed no later than thirty days from the date the PCSA screened in the referral as a child abuse and/or neglect report.

(2) The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the report disposition cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(V) The PCSA shall not waive the completion of the report disposition.

(W) The PCSA shall request assistance from the county prosecutor, the PCSA's legal counsel, and/or the court when refused access to the alleged child victim or any records necessary to conduct the assessment/investigation.

(X) The PCSA shall have an interpreter present for all interviews when the PCSA has determined that a principal of the report has a language or any other impairment that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(Y) Within two working days of completion of the assessment/investigation, the PCSA shall do all of the following:

(1) Notify the child, unless the child is not of an age or developmental capacity to understand; and the child's parent, guardian, or custodian of the report disposition and final case decision.

(2) Notify the alleged perpetrator in writing of the report disposition; the right to appeal; and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated report of child abuse or neglect regardless of the child's role in the report.

(4) Refer any infant who has been born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to "Help Me Grow."

(5) As appropriate, refer any child determined not to be at risk of imminent harm for services pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(6) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report, the report disposition, and the case decision.

(7) Document in the case record, the date and method of notification to the principals of the report of the above listed activities.

(Z) If two or more Ohio PCSAs are involved in an assessment/investigation the lead county shall be determined by the following criteria:

(1) The PCSA located within the county where a juvenile court has issued a protective supervision order.

(2) The PCSA located within the county where the parent, guardian, custodian of the alleged child victim resides. If an order of shared parenting has been issued, the PCSA located within the county of residence of the custodian who has physical care of the alleged child victim at the time the referral information is received, unless the court order identifies a designated custodian of the alleged child victim.

(AA) If a report of child abuse and neglect involves a child who is living in a shelter for victims of domestic violence or a homeless shelter, the PCSA that received the report shall do one of the following:

(1) Determine if the child was brought to the shelter pursuant to an agreement with a shelter in another county. If a determination is made that there was an agreement in place, the PCSA from the county from which the child was brought shall lead the assessment/investigation and provide the required supportive services or petition the court for custody of the child, if necessary.

(2) Lead the assessment/investigation if a determination is made that the child was not brought to the shelter under an agreement with a shelter in another county. When two or more PCSAs are involved, all PCSAs shall be responsible for following procedures outlined in this rule.

(3) Commence the assessment/investigation if a determination cannot be made immediately if an agreement is in effect. The PCSA shall continue to determine if an agreement is in effect and follow procedures outlined in this rule.

(BB) If requested by the lead PCSA, either verbally or in writing, the non-lead PCSA shall conduct interviews of any principals of the report and collateral sources presently located within its jurisdiction and assist in the completion of the JFS 01401, JFS 01400, and/or JFS 01402 within a time frame that will allow the lead PCSA to meet the time frames outlined in this rule. All PCSAs involved shall document the request in the case record.

(CC) The Ohio PCSA shall cooperate with the children services agency, and if necessary, lead the assessment/investigative efforts if the child is located within Ohio or when the abuse or neglect is alleged to have occurred within Ohio.

(DD) If applicable, the PCSA shall contact other PCSAs immediately, but no later than the next working day from receipt of the report, to share information in accordance with rule 5101:2-33-21 of the Administrative Code and to coordinate assessment/investigative efforts in accordance with rules 5101:2-36-03 to 5101:2-36-05 of the Administrative Code.

(EE) The PCSA shall follow procedures set forth in rule 5101:2-36-07 of the Administrative Code if the report of neglect involves alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.

(FF) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation shall be maintained in the case record. If any information gathering activity cannot be completed, justification and the written approval of the director or the designee shall be filed in the case record in accordance with rule 5101:2-36-11 of the Administrative Code.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/09/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16.
Rule Amplifies: 2151.3518, 2151.421, 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 10/1/97 (Emer.), 12/30/97; 4/1/01, 12/1/01, 6/25/04, 03/01/06, 10/01/09

5101:2-36-04 PCSA requirements for conducting a specialized assessment/investigation.

(A) The public children services agency (PCSA) shall conduct a specialized assessment/investigation if the child abuse or neglect report involves an alleged perpetrator who meets one or more of the following criteria:

(1) Is a person responsible for the alleged child victim's care in an out-of-home care setting as defined in rule 5101:2-1-01 of the Administrative Code.

(2) Is a person responsible for the alleged child victim's care in out-of-home care as defined in section 2151.011 of the Revised Code.

(3) Has access to the alleged child victim by virtue of his/her employment by or affiliation to an institution.

(B) A specialized assessment/investigation shall require a third party if a principal named in the report poses a conflict of interest for the PCSA pursuant to rule 5101:2-36-08 of the Administrative Code.

(C) If a specialized assessment/investigation of an abuse and/or neglect report involves multiple alleged child victims from multiple cases, the PCSA shall complete a separate assessment/investigation for each case. The completion of the JFS 01403, "Comprehensive Assessment Planning Model, Specialized Assessment Investigation" (rev. 2/2006) is required for each case.

(D) The PCSA shall initiate the screened in child abuse and/or neglect report in accordance with the following:

(E) If face-to-face contact with the alleged child victim was not completed within the twenty-four hour time frame, an attempt of face-to-face contact with the alleged child victim shall be made within seventy-two hours from the time the report was screened in to assess child safety and interview the alleged child victim.

(F) The PCSA shall document in the case record the date, time, and with whom the specialized assessment/investigation was initiated.

(G) If the attempted face-to-face contact with the alleged child victim, as specified in paragraphs (D) and (E) of this rule is unsuccessful, the PCSA shall continue to make attempts for face-to-face contact , every five working days until the child is seen or until the PCSA is required to make a report disposition pursuant to paragraph (U) of this rule.

(H) If a child abuse and/or neglect report involves an alleged child victim, who is not in the custody of a PCSA or PCPA, the PCSA shall not interview the child without parental consent unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse or neglect in his or her home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(I) The PCSA shall not interview the siblings of an alleged child victim, who themselves were not named as alleged child victims, at school or other locations away from their home, without parental consent or the existence of exigent circumstances as outlined in paragraph (H) of this rule. Should an alleged child victim provide information during an interview that indicates a sibling might be in immediate danger of serious harm or that the sibling could provide information regarding immediate danger of serious harm to the alleged child victim, the interview of the sibling who was not identified as an alleged child victim may commence.

(J) If an alleged child victim is interviewed without parental consent, then the same day, the PCSA shall attempt a face-to-face contact with the alleged child victim's parent, guardian, or custodian to inform them that an interview of their child occurred.

(2) The PCSA shall document in the case record the date and time of the contact, or attempted contacts.

(K) When the PCSA conducts a specialized assessment/investigation, the PCSA shall:

(1) Immediately contact the out-of-home care setting administrative officer, director, or other chief administrative officer, or if the administrative officer, director or other chief administrative officer is alleged to be the perpetrator, the board of directors, county commissioners, or law enforcement as applicable in order to:

(a) Share information regarding the report.

(b) Discuss what actions have been taken to protect the alleged child victim.

(2) Inform the parent(s), guardian, or custodian of the alleged child victim that a report of abuse and/or neglect involving his or her child is being assessed/investigated and inform him or her of the allegations contained within the report no later than the next working day, from the date the referral was screened in as a child abuse and/or neglect report.

(3) Contact licensing and supervising authorities, as appropriate, no later than the next working day to share information pursuant to rule 5101:2-36-12 of the Administrative Code.

(4) Attempt to coordinate the interview of the alleged child victim when another agency is required by statute or administrative rule to conduct its own assessment/investigation to address the issues other than child abuse or neglect, that is, internal management or licensure issues. An assessment conducted independently by another agency, including a third party investigation, does not relieve the PCSA of its responsibility for conducting an assessment/investigation in accordance with this rule.

(5) Conduct and document face-to-face interviews with the alleged child victim to:

(a) Evaluate the alleged child victim's condition.

(b) Determine whether the child is safe.

(6) Conduct and document all face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding, in order to assess his or her knowledge of the allegation.

(7) Advise the alleged perpetrator of the allegations made against him or her at the time of the initial contact with the person. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, when information is gathered as part of the assessment/investigation process.

(8) Conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child.

(a) The PCSA shall exercise discretion in the selection of collateral sources to protect the family or out-of-home care setting's right to privacy.

(b) To protect confidentiality of the principals of the case, persons shall not be randomly interviewed.

(c) Additional children or staff, that may have information relevant to the assessment/investigation, shall be interviewed.

(9) As appropriate, conduct and document all face-to-face interviews with the parent, guardian, or custodian and/or caretaker of the alleged child victim to observe the interaction between the alleged child victim and the parent, guardian, or custodian and/or caretaker and to obtain relevant information regarding child safety.

(10) Secure any relevant records, including but not limited to school, mental health, medical, incident reports in an out-of-home care setting.

(L) The PCSA does not have to interview an alleged child victim if the PCSA determines that:

(1) The child does not have sufficient verbal skills.

(2) Additional interviewing would be detrimental to the child, unless requested by the lead PCSA pursuant to paragraph ( R) of this rule.

(M) The PCSA shall take any other actions necessary to assess safety and risk to the child including, not limited to:

(1) Taking photographs of areas of trauma on the child's body.

(2) Taking photographs of the child's environment with the consent of the out-of-home setting administrator.

(3) Securing a medical examination or psychological evaluation, or both, of the child with the consent of the child's parent, guardian, or custodian or with a court order.

(4) Securing any relevant records, including but not limited to school, mental health, and medical records.

(N) At any time the PCSA determines a child is in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-01 of the Administrative Code.

(O) The PCSA shall request assistance from the county prosecutor, the PCSA's legal counsel, or the court when refused access to the alleged child victim or any records necessary to conduct the specialized assessment/investigation.

(P) The PCSA shall have an interpreter present for all interviews when the PCSA has determined that a principal of the report has a language or any other impairment that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, has limited English proficiency or is developmentally delayed.

(Q) If two or more Ohio PCSAs are involved in an assessment/investigation the lead county shall be determined by the following criteria:

(1) The PCSA located within the county where a juvenile court has issued a protective supervision order.

(R) If requested by the lead PCSA, either verbally or in writing, the non-lead PCSA shall conduct interviews of any principals of the report and collateral sources presently located within its jurisdiction and assist in the completion of the JFS 01403 within a time frame that will allow the lead PCSA to meet the time frames outlined in this rule. All PCSAs involved shall document the request in the case record.

(S) The Ohio PCSA shall cooperate with the children services agency, and when necessary, lead the assessment/investigative efforts when the child is located within Ohio or when the abuse or neglect is alleged to have occurred within Ohio.

(T) If applicable, the PCSA shall contact other PCSAs no later than the next working day to share information in accordance with rule 5101:2-33-21 of the Administrative Code and to coordinate assessment/investigative efforts in accordance with rules 5101:2-36-03 to 5101:2-36-05 of the Administrative Code.

(U) The PCSA shall complete the report disposition and arrive at a final case decision by completing the JFS 01403 no later than thirty days from the date the PCSA screened in the referral as a child abuse and neglect report. The PCSA may extend the timeframe by a maximum of fifteen days when information needed to determine the report disposition and final case decision cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(V) The PCSA shall not waive the completion of the report disposition.

(W) Within two working days of completion of the JFS 01403, the PCSA shall:

(1) Notify the child, unless the child is not of an age or developmental capacity to understand, and the child's parent, guardian, or custodian of the report disposition and the final case decision.

(2) Notify the alleged perpetrator in writing of the report disposition; their right to appeal, and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(4) Refer any infant who was born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to "Help Me Grow."

(5) As appropriate, refer any child for services pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(6) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child or payment of child support, of the receipt of the report, the report disposition, and case decision.

(7) Document in the case record, the date and method of notification to the principals of the report of the above listed activities.

(X) No later than three working days from the date of the completion of the report disposition, the PCSA shall provide written notification of the report disposition to the following entities, as applicable, in accordance with rules 5101:2-33-21 and 5101:2-36-12 of the Administrative Code:

(1) Administrator, director, or other chief administrator of the out-of-home care entity.

(2) The owner or governing board of the out-of-home care entity.

(3) The appropriate licensing and supervising authorities of the out-of-home care entity.

(Y) The PCSA shall not provide witness statements, police reports, or other investigative reports to the entities described in paragraph (X) of this rule.

(Z) The PCSA shall maintain all materials obtained as a result of the assessment/investigation, including the JFS 01403, in the case record.

(AA) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation shall be maintained in the case record. If any information gathering activity cannot be completed, justification and the written approval of the director or the designee shall be filed in the case record in accordance with rule 5101:2-36-11 of the Administrative Code.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/09/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.3516, 2151.421, 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 4/1/01, 3/01/06, 10/01/09

5101:2-36-05 PCSA requirements for conducting stranger danger investigations.

(A) A public children services agency (PCSA) shall conduct a stranger danger investigation in response to a child abuse report alleging a criminal act against a child of assault or sexual activity as defined under Chapter 2907. of the Revised Code, if all of the following apply:

(1) The alleged perpetrator is not a member of the alleged child victim's family.

(2) The alleged perpetrator has no sanctioned or continued access to the alleged child victim.

(3) The alleged perpetrator has no relationship with the alleged child victim and his or her family.

(4) The alleged perpetrator is not involved in daily or regular out-of-home care for the alleged child victim.

(5) The alleged perpetrator is a stranger, previously unknown, to the alleged child victim and the alleged child victim's family.

(B) The PCSA shall establish police jurisdiction and refer the report to the appropriate law enforcement authority within twenty-four hours of the time the report was screened in, unless the report was received from law enforcement.

(2) For all other reports, the PCSA shall attempt a face-to-face contact or complete a telephone contact within twenty-four hours from the time the referral was screened in, with a principal of the report or collateral source who has knowledge of the alleged child victim's current condition and can provide current information about the child's safety.

(3) If face-to-face contact with the alleged child victim was not attempted within the twenty-four hour time frame, an attempt of face-to-face contact the alleged child victim shall be made within seventy-two hours from the time the report was screened in to assess child safety and interview the alleged child victim.

(D) The PCSA shall document in the case record the date, time and with whom the assessment/investigation was initiated.

(E) If the PCSA has attempted to make face-to-face contact with the alleged child victim and one parent, guardian, or custodian and one or more of the parties was unavailable, the PCSA shall attempt at least one additional face-to-face contact within the first four working days in order to complete the JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006), pursuant to rule 5101:2-37-01 of the Administrative Code.

(F) The PCSA shall complete the JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code within four working days from the date that the report was screened in.

(G) If the JFS 01401 is completed with the alleged child victim and his or her caretaker who is not the child's custodian, the PCSA shall attempt to complete face-to-face contact with the alleged child victim's parent, guardian, or custodian no later than the next working day to inform them an assessment of safety of the child occurred.

(2) The PCSA shall document in the case record the date and time of the contact, or attempted contacts.

(H) If the attempted face-to-face contacts with the alleged child victim, as specified in paragraphs (C) and (E) of this rule are unsuccessful, the PCSA shall, at a minimum continue making attempts for face-to-face contact at least every five working days until the child is seen or until the PCSA is required to make a report disposition pursuant to paragraph (T) of this rule.

(I) The PCSA shall not interview the alleged child victim without parental consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from his or her home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged abuse in his or her home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed above.

(K) If an alleged child victim is interviewed without parental consent, then the same day, the PCSA shall attempt a face-to-face contact with the alleged child victim's parent, guardian, or custodian to inform them that an interview of their child occurred. If unsuccessful, an attempt to complete face-to-face contact shall occur once every five working days until contact is made with the child's parent, guardian, or custodian or until the PCSA is required to make a report disposition pursuant to paragraph (T) of this rule.

(L) The specific facts necessitating that investigative interviews of a child be conducted without parental consent must be documented in the case record.

(M) The PCSA shall conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the investigation to obtain relevant information regarding the safety of and risk to the child.

(1) The PCSA shall exercise discretion in the selection of collateral sources to protect the family's right to privacy.

(2) To protect the confidentiality of the principals of the case, persons shall not be randomly interviewed.

(N) The PCSA shall have an interpreter present for all interviews when the PCSA has determined that a principal of the report has a language or any other impairment that causes a barrier in communication including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(O) The PCSA shall take any other actions necessary to assess safety and risk to the child. These actions may include, but are not limited to:

(1) Taking photographs of areas of trauma on the child's body.

(2) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(3) Securing a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(4) Securing any relevant records, including but not limited to school, mental health, and medical records.

(P) If the PCSA determines a child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(Q) The PCSA shall advise the alleged perpetrator of the allegations made against him or her at the time of the initial contact with the person. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, when information is gathered as part of the investigation process.

(R) Prior to completion of the report disposition, the PCSA shall contact law enforcement and document information regarding the status of the criminal investigation in the case record. The PCSA shall notify the prosecuting attorney if there is reason to believe the alleged perpetrator has not been investigated by law enforcement.

(S) The PCSA shall request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the alleged child victim or any records necessary to conduct the investigation.

(T) The PCSA shall complete the report disposition no later than thirty days from the date the PCSA determines that the referral is screened in as a family in need of services stranger danger report. The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the report disposition cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(U) The PCSA shall not waive the completion of the report disposition.

(V) A JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006), shall be completed pursuant to rule 5101:2-37-03 of the Administrative Code upon request of law enforcement or at any time the PCSA determines that the family of the alleged child victim is unable or unwilling to protect the child. The PCSA will assess and determine whether the family and/or child is in need of supportive services by the PCSA or the community.

(W) The PCSA shall provide services to the child and family to address any identified needs, as appropriate.

(X) If two or more Ohio PCSAs are involved in an assessment/investigation the lead county shall be determined by the following criteria:

(1) The PCSA located within the county where a juvenile court has issued a protective supervision order.

(2) The PCSA located within the county the parent, guardian, custodian of the alleged child victim resides. If an order of shared parenting has been issued, the PCSA located within the county of residence of the custodian who has physical care of the alleged child victim at the time the referral information is received, unless the court order identifies a designated custodian of the alleged child victim.

(Y) Within two working days of completion of the assessment/investigation, the PCSA shall:

(1) Notify the child, unless the child is not of an age or developmental capacity to understand; and the child's parent, guardian, or custodian of the report disposition and if applicable, the final case decision.

(2) Notify the alleged perpetrator, if known, in writing of the report disposition; and their right to appeal, and the method by which the alleged perpetrator may appeal the disposition as outlined in rule 5101:2-33-20 of the Administrative Code.

(3) Refer all children under the age of three to "Help Me Grow" for early intervention services if there is a substantiated case of child abuse or neglect regardless of the child's role in the report.

(4) As appropriate, refer any child for services pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(5) Document in the case record, the date and method of notification to the principals of the report.

(7) Document in the case record, the date and method of notification to the principals of the report of the above listed activities.

(Z) The investigation documentation and any materials obtained as a result of the investigation shall be maintained in the case record. If any information gathering activity cannot be completed, justification and the written approval of the director or the designee shall be filed in the case record in accordance with rule 5101:2-36-11 of the Administrative Code.

R.C. 119.032 review dates: 07/22/2011 and 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 6/1/97, 2/1/03, 3/01/06, 10/01/09

5101:2-36-06 PCSA requirements for a deserted child assessment/investigation.

(A) A public children services agency (PCSA) shall conduct a deserted child assessment/investigation if all of the following apply to the child subject of the report:

(1) The child is less than thirty-one days old.

(2) The child was voluntarily left in the care of an emergency medical service worker, peace officer, or hospital employee by the child's parent(s).

(3) The child's parent(s) did not express an intent to return for the child.

(B) The PCSA shall initiate the screened in family in need of services, deserted child report by attempting a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in as a report.

(1) The date and time the child subject of the report was left with the individual.

(2) All information regarding the child left by the parent(s).

(3) The JFS 01672 "Voluntary Medical History" (rev. 3/2009) form, if completed by the child's parent(s).

(4) All clothing and articles left with the child.

(D) The PCSA shall accept emergency temporary custody of the child subject of the report.

(E) The PCSA shall arrange for the child subject of the report to be examined by a physician within one hour of face-to-face contact with the child subject of the report.

(1) The examination shall assess the health and well being of the child and indicators of maltreatment.

(2) If the child subject of the report is not left at a hospital, the PCSA shall transport, or arrange for transportation of the child to the nearest appropriate hospital emergency department.

(F) The PCSA shall obtain the medical examination report from the physician documenting that medical treatment was provided to the child.

(G) The PCSA shall place the child subject of the report in substitute care pursuant to rule 5101:2-42-04 of the Administrative Code and provide a copy of the medical examination report to the caregiver.

(H) The PCSA shall contact the following agencies and determine if a child matching the description of the child subject of the report has been reported missing:

(1) Local law enforcement.

(2) Ohio's missing children's information clearinghouse (http://www.mcc.ag.state.oh.us/).

(3) National center for missing and exploited children (http://www.missingkids.com/).

(I) The PCSA shall complete activities to obtain a birth certificate and a social security card for the child subject of the report.

(J) The PCSA shall complete the deserted child assessment/investigation no later than thirty days from the date the referral was screened in as a report. The PCSA may extend the timeframe by a maximum of fifteen days if information needed cannot be obtained and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(E) The PCSA shall consider the child to be abused or neglected or both pursuant to rule 5101:2-1-01 of the Administrative Code if:

(1) The child has suffered a physical or mental wound or injury, or the child's condition reasonably indicates abuse or neglect.

(2) It is determined that someone other than the parent deserted the child pursuant to paragraph (A) of this rule.

(3) The child is determined to be more than seventy-two hours old at the time the child was deserted pursuant to paragraph (A) of this rule.

(F) If it is determined the child has been abused or neglected, the PCSA shall:

(1) Complete activities identified in paragraphs (A)(2) to (A)(6) of this rule.

(2) Make all possible attempts to identify and locate the parent(s).

(3) Conduct an assessment/investigation pursuant to rule 5101:2-36-03 of the Administrative Code.

(K) The PCSA shall screen in a report of child abuse and/or neglect if any of the following occur during the assessment/investigation of a deserted child:

(1) The child's condition reasonably indicates abuse and/or neglect.

(2) The PCSA determines that someone other than the parent delivered the child subject of the report to the care of an emergency medical service worker, peace officer, or hospital employee.

(3) The child subject of the report is determined to be more than thirty-one days old at the time the child was delivered to the care of an emergency medical service worker, peace officer, or hospital employee.

(L) Upon receipt of a child abuse and/or neglect report during a deserted child assessment/investigation the PCSA shall:

(1) Complete all activities identified in this rule.

(2) Attempt to identify and locate the parents.

(3) Conduct an assessment/investigation pursuant to rule 5101:2-36-03 of the Administrative Code.

(M) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation shall be maintained in the case record.

R.C. 119.032 review dates: 07/22/2011 and 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.3518, 2151.421, 5153.16
Prior Effective Dates: 12/1/01, 3/01/06, 10/01/09

5101:2-36-07 PCSA requirement for conducting an assessment/investigation of the alleged withholding of medically indicated treatment from a disabled infant with life-threatening conditions.

(A) The public children services agency (PCSA) shall conduct an assessment/investigation if a neglect report alleges the withholding of medically indicated treatment from a disabled infant with life-threatening condition(s).

(1) The withholding of medically indicated treatment is the refusal to provide appropriate nutrition, hydration, medication or other medically indicated treatment from a disabled infant with a life-threatening condition.

(2) Medically indicated treatment includes the medical care most likely to relieve, or correct, the life-threatening condition. Nutrition, hydration, and medication, as appropriate for the infant's needs, are medically indicated for all disabled infants; as well as, the completion of appropriate evaluations or consultations necessary to assure that sufficient information has been gathered to make informed medical decisions on behalf of the disabled infant.

(3) In determining whether treatment is medically indicated, reasonable medical judgments made by a prudent physician, or treatment team, knowledgeable about the case and its treatment possibilities are considered. The opinions about the infant's future "quality of life" are not to bear on whether or not a treatment is judged to be medically indicated. Medically indicated treatment does not include the failure to provide treatment to a disabled infant if the treating physician's medical judgment identifies any of the following:

(a) The disabled infant is chronically and irreversibly comatose.

(b) The provision of the treatment is futile and will prolong dying.

(c) The provision of the treatment would not be effective in ameliorating or correcting all of the disabled infant's life threatening conditions.

(d) The provision of such treatment to the disabled infant is inhumane.

(B) The PCSA shall initiate the screened in medical neglect report in accordance with the following:

(1) Complete face-to-face or telephone contact with the health care facility's administrator, or designee, within one hour from the time the referral was screened in as a report.

(2) Obtain the following information from the health care facility's administrator, or designee, regarding the current condition of the disabled infant, including but not limited to:

(a) The physical location of the disabled infant within the hospital, e.g., emergency room, neonatal intensive care unit, labor and delivery, sixth floor, etc.

(b) The disabled infant's age.

(d) The problem requiring treatment.

(e) The immediate actions necessary to keep the disabled infant alive.

(f) Whether or not the withholding of life-sustaining treatment has been recommended.

(g) Whether or not the withholding of life-sustaining treatment has been implemented.

(h) Whether or not the parent, guardian, or custodian has refused to consent to life-sustaining treatment.

(i) Whether or not the hospital chose to sustain life-supporting care for the immediate future, preceding ninety-six hours from the date and time the PCSA initiated the report, while the assessment/investigation is underway.

(j) Whether or not sustenance (food or water, whether given orally or through an intravenous or nasogastric tube) or medication is being denied.

(D) The PCSA shall involve a qualified medical consultant within twenty-four hours from the time the referral was screened in as a report to assist in the evaluation of the disabled infant's medical information, including medical records, obtained during the preliminary medical assessment.

(E) If the PCSA determines the child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(F) The PCSA shall pursue any legal remedies, including the initiation of legal proceedings in a court of competent jurisdiction, to provide medical care or treatment for a child when such care or treatment is necessary to prevent or remedy serious harm to the child or to prevent the withholding of medically indicated treatment from a disabled infant with a life-threatening condition.

(G) The PCSA shall attempt a face-to-face contact in order to conduct an interview with the alleged child victim's parent, guardian, or custodian no later than twenty-four hours from the time the referral was screened in as a report. The purpose of the interview is to:

(1) Inform the parent, guardian, or custodian that a neglect report alleging the withholding of medically indicated treatment to a disabled infant has been accepted by the PCSA.

(2) Inform the parent guardian, or custodian of the purpose of the assessment/investigation.

(3) Seek parental consent for medically indicated treatment, if applicable.

(4) Confirm parent, guardian, or custodian's name and identifying information.

(5) Determine if parent, guardian, or custodian agrees on the course of action to be followed.

(6) Determine if the parent, guardian, or custodian was presented with all treatment options by the medical treatment team.

(7) Determine if the prognosis of the disabled infant was presented to the parent, guardian, or custodian.

(8) Assess if the parent, guardian, or custodian understands the information provided by the medical treatment team.

(9) Determine the nature and degree of parental involvement in the decision to deny treatment or sustenance to the alleged child victim, if applicable.

(10) Assess if appropriate counseling services have been made available to the parent, guardian, or custodian.

(11) Refer the parent, guardian, or custodian to appropriate counseling services, if applicable.

(12) Determine if the parent, guardian, or custodian was provided information to facilitate access to available services for disabled persons and family members.

(13) Assist the parent, guardian, or custodian in accessing needed services, if applicable.

(14) Determine if the parent, guardian, or custodian participated in the hospital review process.

(15) Determine if the parent, guardian, or custodian was provided with or has access to the results of the hospital review process.

(H) If the attempted face-to-face contact with the ACV's parent, guardian, or custodian as specified in paragraph (G) of this rule is unsuccessful, the PCSA shall continue making attempts of face-to-face contact at least every five working days until face-to-face contact occurs or until the PCSA is required to make a report disposition pursuant to paragraph (O) of this rule.

(I) The PCSA shall complete the JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code within four working days from the date the report was screened in.

(J) If the JFS 01401 is completed with the alleged child victim and his or her caretaker, who is not the child's custodian, the PCSA shall attempt to complete face-to-face contact with the alleged child victim's parent, guardian, or custodian no later than the next working day to inform that an assessment of safety of the child occurred.

(2) The PCSA shall document in the case record the date and time of the contact, or attempted contacts.

(K) The PCSA shall, in cooperation with the medical consultant, conduct and document interviews with the attending physician and health care facility staff. The purpose of the interviews is to:

(1) Determine the measures that the health care facility staff attending to the disabled infant has taken to provide medically indicated treatment to the disabled infant.

(2) Determine whether or not the disabled infant's attending physician, with the consent of the disabled infant's parent, guardian or custodian will sustain needed life-supporting care for twenty-four hours while the PCSA continues the assessment/investigation.

(3) Determine if any of the following conditions of and risk to the disabled infant were concluded by the attending physician's and/or staff's assessment:

(a) The disabled infant is chronically and irreversibly comatose.

(b) The provision of medical treatment will merely prolong dying, not be effective in ameliorating or correcting all of the disabled infant's life-threatening conditions, or otherwise be futile in terms of the survival of the disabled infant.

(c) The provision of medical treatment will be virtually futile in terms of the survival of the disabled infant and the treatment itself under such circumstances will be inhumane.

(4) Verify if plans have been made to convene a meeting of the health care facility review committee or to adopt the recommendations of the appropriate health care facility review committee, and the meeting has been held.

(5) Confirm the disabled infant's age.

(6) Confirm the disabled infant's diagnoses or diagnosis.

(7) Determine if the disabled infant's life is endangered.

(8) Determine if the withholding of life-sustaining treatment is recommended.

(9) Determine if the withholding of life-sustaining treatment is implemented.

(a) Identify the treatment necessary for the disabled infant's life or health being denied.

(b) Determine if sustenance (food or water, whether given orally or through an intravenous or nasogastric tube) or medication is being denied.

(10) Determine if the parent, guardian, or custodian refused to consent to life-sustaining treatment.

(11) Determine if the hospital will sustain life-supporting care for the immediate future while the PCSA's assessment/investigation is conducted, if applicable.

(12) Identify the treatment or sustenance being provided to the disabled infant, if applicable.

(13) Determine if there is consensus regarding the medical diagnoses among the treatment team.

(14) Document and identify if there were/have been any differing opinions among the treatment team.

(15) Document the names of all medical consultants involved including their qualifications/credentials.

(16) Determine which members of the treatment team discussed the case with the parent, guardian, or custodian.

(17) Determine if a hospital review process occurred.

(a) If applicable, document the review process.

(b) If applicable, document the recommendations.

(L) The PCSA shall conduct and document all face-to-face interviews with the alleged perpetrator, unless law enforcement or the county prosecutor or medical consultant will interview the alleged perpetrator pursuant to the procedures delineated in the county child abuse and neglect memorandum of understanding, in order to assess his or her knowledge of the allegation.

(M) The PCSA shall advise the alleged perpetrator of the allegations made against him or her at the time of the initial contact. The initial contact between the PCSA and the alleged perpetrator of the report includes the first face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment/investigation process.

(N) The PCSA shall conduct and document face-to-face or telephone interviews with any person identified as a possible source of information during the assessment/investigation to obtain relevant information regarding the safety of and risk to the child.

(1) The PCSA shall exercise discretion in the selection of collateral sources to protect the family or out-or-home care setting's right to privacy.

(2) The PCSA shall protect the confidentiality of the principals, people shall not be randomly interviewed.

(3) The PCSA shall conduct interviews of additional staff who may have information relevant to the investigation.

(O) The PCSA shall complete the report disposition and arrive at a final case decision by completing the JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006) no later than thirty days from the date the PCSA screened in the referral as a child abuse and/or neglect report. The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the report disposition and final case decision cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(P) The PCSA shall not waive the completion of the report disposition.

(Q) The PCSA shall have an interpreter present for all interviews if the PCSA has determined that a principal of the report has a language or any other impairment that causes a barrier in communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(R) Within two working days of completion of the assessment/investigation, the PCSA shall notify the alleged perpetrator in writing of the report disposition and the right to appeal the disposition pursuant to rule 5101:2-33-20 of the Administrative Code.

(S) Within two working days from the date of the completion of the report disposition, the PCSA shall notify the alleged child victim's parent(s) in writing of the report disposition and case decision.

(T) No later than three working days from the date of the completion of the report disposition, the PCSA shall provide written notification of the report disposition to the following entities, as applicable, in accordance with rules 5101:2-33-21 and 5101:2-36-12 of the Administrative Code.

(1) Administrator, director, or other chief administrator of the health care facility.

(2) The owner or governing board of the health care facility.

(3) The appropriate licensing and supervising authorities of the health care facility.

(U) The PCSA shall notify law enforcement if it is determined that the attending physician failed to provide medically indicated treatment or failed to inform the alleged child victim's parent, guardian, or custodian of the available treatment options.

(V) No later than fifteen calendar days from the completion date of the report disposition and case decision, the PCSA shall notify the Ohio department of job and family services (ODJFS) that a neglect report involving a disabled infant was assessed/investigated. The notification shall include the intake identification number established within the statewide automated child welfare information system (SACWIS).

(W) The PCSA shall maintain all materials obtained as a result of the assessment/investigation in the case record.

R.C. 119.032 review dates: 11/07/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 4/1/86 (Emer.), 6/19/86 (Emer.), 8/1/86, 1/1/89, 10/1/95, 1/1/00, 4/1/01, 3/01/06, 10/01/09

5101:2-36-08 PCSA requirements for involving a third party in the assessment/investigation of a child abuse or neglect report.

(A) The public children services agency (PCSA) shall adhere to this rule if the PCSA has screened in a report of child abuse or neglect and there is a potential conflict of interest because one or more of the following parties is a principal of the report:

(1) Any employee of an institution or facility that is licensed or certified by the Ohio department of job and family services (ODJFS) or another state agency and supervised by the PCSA.

(2) A foster caregiver, pre-finalized adoptive parent, adoptive parent, relative, or kinship caregiver who is recommended, approved, or supervised by the PCSA.

(3) A type B family day care home certified by a county department of job and family services (CDJFS) that has assumed the powers and duties of the county children services function defined in Chapter 5153. of the Revised Code.

(4) Any employee, or agent of ODJFS or the PCSA as defined in Chapter 5153. of the Revised Code.

(5) Any authorized person representing ODJFS or the PCSA who provides services for payment or as a volunteer.

(6) Any time a PCSA determines that a conflict of interest exists.

(B) The PCSA shall identify a conflict of interest if a principal of a child abuse or neglect report is a foster caregiver or an employee of an institution or facility licensed or certified by ODJFS and the alleged child victim is in the custody of or receiving services from the PCSA that accepted the report.

(C) The identification of a conflict of interest is not limited to the conditions identified in paragraphs (A) and (B) of this rule. The PCSA shall document in the case record if a conflict of interest is identified.

(D) A third party shall be utilized by the PCSA for completing an assessment/investigation if an employee of the PCSA is identified as a principal of a screened in child abuse or neglect report.

(E) A law enforcement agency or another PCSA may serve as the third party to an assessment/investigation of child abuse or neglect.

(1) The PCSA shall request the assistance of law enforcement as the third party if the child abuse or neglect report alleges a criminal offense.

(2) The PCSA may request the assistance of another PCSA as the third party if the child abuse or neglect report does not allege a criminal offense and both agencies agree to participate in the assessment/investigation.

(F) The PCSA may utilize an in-house unit to assess/investigate reports of child abuse and neglect when a conflict of interest exists and all of the following apply:

(1) An agency employee is not named as a principal in the report.

(2) The report does not allege a criminal offense.

(3) The PCSA maintains written internal policies and procedures for the review and approval of assessments/investigations conducted by the in-house unit.

(4) The in-house unit works independently of all other units within the PCSA.

(G) Within twenty-four hours of the identification of a conflict of interest , the PCSA shall verbally request the assistance of a third party and follow up the request in writing within three calendar days from the date the request was made.

(H) Upon acceptance of the request from the lead PCSA, the non-lead PCSA shall complete the assessment/investigation within the timeframes established pursuant to rule 5101:2-36-03 or 5101:2-36-04 of the Administrative Code.

(I) The involvement of a third party does not relieve the lead PCSA of its responsibility for ensuring assessment/investigation activities, including recording the report disposition, are completed.

(J) In instances where law enforcement declines to assist the PCSA, the PCSA is responsible for conducting the assessment/investigation. The PCSA is responsible for having procedures in place to address the conflict of interest and ensure the completion of the assessment/investigation.

(K) The PCSA shall comply with all procedures pursuant to rule 5101:2-36-03 or 5101:2-36-04 of the Administrative Code.

(L) The assessment/investigation documentation and any materials obtained as a result of the assessment/investigation including the third party assessment/investigation report from law enforcement or the non-lead PCSA shall be maintained in the case record.

Effective: 03/01/2011
R.C. 119.032 review dates: 11/23/2010 and 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.3518, 2151.421, 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 4/1/01, 3/01/06, 10/01/09

5101:2-36-09 Requirements for dependent child assessments.

(A) A public children services agency (PCSA) shall conduct a dependency assessment in response to a dependency report if any of the following conditions apply to a child subject of the report absent allegations of abuse or neglect:

(1) The child subject of the report is homeless or destitute or without adequate parental care, through no fault of the child's parents, guardian, or custodian.

(2) The child subject of the report lacks adequate parental care as defined in section 2151.011 of the Revised Code.

(3) The child subject of the report's condition or environment is such as to warrant the state, in the interests of the child, in assuming the child's guardianship.

(4) The child subject of the report is residing in a household where a parent, guardian, custodian, or other member of the household committed an act that was the basis for adjudication and a sibling of the child or any other child who resides in the household is an abused, neglected, or dependent child.

(B) The PCSA may request the assistance of law enforcement during an assessment if the following situations exist and the reason for contacting law enforcement is documented in the case record:

(1) The agency has reason to believe that the child is in immediate danger of serious harm.

(2) The agency has reason to believe that the worker is, or will be, in danger of harm.

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

(4) The assistance of law enforcement needs to be invoked in accordance with the county child abuse and neglect memorandum of understanding.

(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in, to assess child safety and interview the child subject of the report.

(2) For all other reports, attempt a face-to-face contact or complete a telephone contact within twenty-four hours from the time the referral was screened in, with a principal of the report or collateral source who has knowledge of the child subject of the report's current condition, and can provide current information about the child's safety.

(3) If face-to-face contact with the child subject of the report was not attempted within the twenty-four hour time frame, an attempt of face-to-face contact with the child subject of the report shall be made within seventy-two hours from the time the report was screened in to assess child safety and interview the child subject of the report.

(D) The PCSA shall document in the case record the date, time, and with whom the assessment was initiated.

(E) If the PCSA has attempted to make face-to-face contact with the child subject of the report and at least one parent, guardian, or custodian and one or more of the parties was unavailable, the PCSA shall attempt at least one additional face-to-face contact within the first four working days in order to complete the JFS 01401 "Comprehensive Assessment and Planning Model Interim Solution - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code.

(F) If the JFS 01401 is completed with the child subject of the report and his or her caretaker, who is not the child's custodian, the PCSA shall attempt to complete face-to-face contact with the child subject of the report's parent, guardian, or custodian no later than the next working day to inform them an assessment of safety of the child occurred.

(1) If unsuccessful, the PCSA shall attempt to complete face-to-face contact with the child's parent, guardian, or custodian once every five working days until contact is made, or the timeframe for completion of the assessment expires.

(2) The PCSA shall document in the case record the date and time of the contact, or attempted contacts.

(G) If the attempted face-to-face contacts with the child as specified in paragraphs (C) and (E) of this rule are unsuccessful, the PCSA shall, at a minimum, continue making attempts for face-to-face contact at least every five working days until the child is seen or the timeframe for completion of the assessment expires.

(H) The PCSA shall not interview the child subject of the report without parental consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm.

(2) There is credible information indicating that the child will be in immediate danger of serious harm upon return home from school or other locations away from their home.

(3) There is credible information indicating that the child may be intimidated from discussing the alleged dependency in his/her home.

(4) The child requests to be interviewed at school or another location due to one of the circumstances listed in this paragraph.

(I) The PCSA shall not interview the siblings of a child subject of the report, who themselves were not named as child subjects of the report, at school or other locations away from their home, without parental consent or the existence of exigent circumstances as outlined in paragraph (H) of this rule.

(J) If a child subject of the report provides information during an interview that indicates a sibling might be in immediate danger of serious harm or that the sibling could provide information regarding immediate danger of serious harm to the child subject of the report, the interview of the sibling who was not identified as a child subject of the report may occur.

(K) If a child subject of the report is interviewed without parental consent, then the same day, the PCSA shall attempt a face-to-face contact with the child subject of the report's parent, guardian, or custodian to inform them that an interview of their child occurred. If unsuccessful, an attempt to complete face-to-face contact shall occur once every five working days until contact is made with the child's parent, guardian, or custodian or the timeframe for completion of the assessment expires.

(L) The specific facts necessitating the assessment interviews of a child be conducted without parental consent must be documented in the case record.

(M) The PCSA shall conduct and document face-to-face interviews with each child residing within the home of the child subject of the report. If possible, each child should be interviewed separate and apart from the caretaker. The purpose of the interviews is to:

(1) Evaluate each child's condition.

(2) Determine if the child is safe.

(3) Obtain each child's understanding of the concerns contained in the report.

(N) The PCSA does not have to interview a child if the PCSA determines that:

(1) The child does not have sufficient verbal skills.

(2) Additional interviewing would be detrimental to the child, unless requested by the lead PCSA pursuant to paragraph (BB) of this rule.

(O) The PCSA shall conduct and document face-to-face interviews with the child's parent, guardian, or custodian and all adults residing in the home of the child in order to:

(1) Assess their knowledge of the situation.

(2) Observe the interaction between the child and caretaker.

(3) Obtain relevant information regarding the child, including his/her safety.

(P) At the time of the initial contact with the caretaker(s), the PCSA shall advise the caretaker(s) of the specific concerns. The initial contact between the caseworker assessing a dependent child report and the adult subject(s) of the report includes, whichever occurs first, face-to-face or telephone contact with the person when information is gathered as part of the assessment process.

(Q) The PCSA shall conduct and document face-to-face interviews or telephone interviews with anyone identified as possible sources of information during the assessment to obtain relevant information regarding the safety and risk to the child.

(1) The PCSA shall exercise discretion in the selection of collateral sources to protect the family's right to privacy.

(2) To protect the confidentiality of the principals of the case, people shall not be randomly interviewed.

(R) The PCSA shall take any other actions necessary to assess safety and risk to the child.

These actions may include, but are not limited to:

(1) Taking photographs of the child's environment with the parent, guardian, or custodian's consent.

(2) Securing a medical examination or psychological evaluation or both of the child with consent of the child's parent, guardian, or custodian or with a court order.

(3) Securing any relevant records, including but not limited to school, mental health, and medical records.

(S) At any time the PCSA determines a child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(T) The PCSA shall arrive at a final case decision by completing the JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006) no later than thirty days from the date the report was screened in. The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the final case decision cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(U) If the dependency report involves a principal of the report who is currently receiving ongoing protective services from the PCSA, the PCSA shall complete the final case decision by completing the JFS 01402 "Comprehensive Assessment and Planning Model - I.S., Ongoing Case Assessment/Investigation" (rev. 7/2006).

(1) The JFS 01402 shall be completed no later than thirty days from the date the report was screened in.

(2) The PCSA may extend the time frame by a maximum of fifteen days if information needed to determine the final case decision cannot be obtained within thirty days and the reasons are documented in the case record pursuant to rule 5101:2-36-11 of the Administrative Code.

(V) The PCSA shall not waive the completion of the final case decision.

(W) The PCSA shall request assistance from the county prosecutor, the PCSA's legal counsel, or the court if refused access to the child or any records required to conduct the assessment.

(X) The PCSA shall have an interpreter present for all interviews when the PCSA has determined that a member of the case has any impairment that creates a barrier to communication, including but not limited to a principal of the report who is deaf or hearing impaired, limited English proficiency or is developmentally delayed.

(Y) Within two working days of completion of the assessment, the PCSA shall do all of the following:

(1) Notify the child, unless the child is not of an age or developmental capacity to understand; and the child's parent, guardian, or custodian of the final case decision.

(2) Notify the caretaker in writing of the final case decision.

(3) Refer any infant who has been born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure to "Help Me Grow."

(4) As appropriate, refer any child for services pursuant to procedures established in rule 5101:2-40-02 of the Administrative Code.

(5) Notify the child's non-custodial parent, who holds residual parental rights to the child and maintains an ongoing relationship through visitation with the child and/or payment of child support, of the receipt of the report and the final case decision.

(6) Document in the case record, the date and method of notification to the principals of the report of the above listed activities completed.

(Z) When two or more Ohio PCSAs are involved in an assessment the lead county shall be determined by the following criteria:

(1) The PCSA located within the county where a juvenile court has issued a protective supervision order.

(2) The PCSA located within the county where the parent, guardian, custodian of the child subject of the report resides. If an order of shared parenting has been issued, the PCSA located within the county of residence of the custodian who has physical care of the child subject of the report at the time the referral information is received, unless the court order identifies a designated custodian of the child subject of the report.

(AA) If a report of dependency involves a child who is living in a shelter for victims of domestic violence or a homeless shelter, the PCSA that received the report shall do one of the following:

(1) Determine if the child was brought to the shelter pursuant to an agreement with a shelter in another county. If a determination is made that there was an agreement in place, the PCSA from the county from which the child was brought shall lead the assessment and provide the required supportive services or petition the court for custody of the child, if necessary.

(2) Lead the assessment when a determination was made that the child was not brought to the shelter under an agreement with a shelter in another county. If two or more PCSAs are involved, all PCSAs shall be responsible for following procedures outlined in this rule.

(3) Commence the assessment if a determination cannot be made immediately if an agreement is in effect. The PCSA shall continue to determine if an agreement is in effect and follow procedures outlined in this rule.

(BB) If requested by the lead PCSA, either verbally or in writing, the non-lead PCSA shall conduct interviews of any principals of the report and collateral sources presently located within its jurisdiction and assist in the completion of a JFS 01401, JFS 01402, and the JFS 01400 within a time frame that will allow the lead PCSA to meet the time frames outlined in this rule. All PCSAs involved shall document the request in the case record.

(CC) The Ohio PCSA shall cooperate with the children services agency,including, when necessary, leading assessment efforts if the child is located within Ohio.

(EE) The assessment documentation and any materials obtained as a result of the assessment shall be maintained in the case record. If any information gathering activity cannot be completed, justification and written approval of the director or the designee shall be filed in the case record in accordance with rule 5101:2-36-11 of the Administrative Code.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/09/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 3/1/2006, 10/01/09

5101:2-36-10 PCSA requirements for responding to family in need of services reports.

(A) A public children services agency (PCSA) shall provide services to a child and family for the following screened in "Family In Need of Services" reports:

(1) "Adoption Subsidy" report.

(2) "Child Fatality, Non-Child Abuse/Neglect" report.

(3) "Courtesy Supervision" report.

(4) "Deserted Child" report.

(5) "Emancipated Youth" report.

(6) "Home Evaluation/Visitation Assessment" report.

(7) "Permanent Surrender" report.

(8) "Post Finalization Adoption Services" report.

(9) "Postnatal Placement Services to an Infant of an Incarcerated Mother" report.

(10) "Preventive Services" report.

(11) "Required Non-lead PCSA Interview" report.

(12) "Stranger Danger Investigation."

(13) "Unruly/Delinquent" report.

(14) "Interstate Compact for the Placement of Children" (ICPC) report.

(B) The PCSA shall follow the procedures and provide the services identified for each family in need of services subcategory as follows:

(1) Adoption subsidy only report, pursuant to Chapter 5101:2-49 of the Administrative Code.

(2) Child fatality, non-child abuse/neglect report, pursuant to rule 5101:2-42-89 of the Administrative Code.

(3) Courtesy supervision report, to support the provision of services and activities described in sections 3113.31, 2151.271, 2151.151, 2151.353, 5103.20 and 2151.56 of the Revised Code.

(4) Deserted child report, as specified in rules 5101:2-36-06 and 5101:2-42-04 of the Administrative Code.

(5) Emancipated youth report, pursuant to rule 5101:2-42-19.2 of the Administrative Code.

(6) Home evaluation/visitation assessment report, as described in rule 5101:2-42-18 of the Administrative Code or as defined in rule 5101:2-1-01.1 of the Administrative Code.

(7) Permanent surrender report, pursuant to rule 5101:2-42-09 of the Administrative Code.

(8) Post finalization adoption services report, as defined in rule 5101:2-1-01 of the Administrative Code. The PCSA shall provide or arrange services to support, maintain, and assist an adopted child, adoptive family, or birth parent anytime after finalization of an adoption.

(9) Postnatal placement services to an infant of an incarcerated mother report, pursuant to rule 5101:2-42-60 of the Administrative Code.

(10) Preventive services report, as defined in rule 5101:2-1-01.1 of the Administrative Code. The PCSA shall provide services aimed at preventing child abuse and neglect which have been requested by the parent, guardian, or custodian for the family when there are no current allegations of child abuse, neglect, or dependency.

(11) Required non-lead PCSA interview report, pursuant to rules 5101:2-36-03, 5101:2-36-04, and 5101:2-36-09 of the Administrative Code.

(12) Stranger danger investigation, pursuant to rule 5101:2-36-05 of the Administrative Code.

(13) Unruly/delinquent report, as defined in section 2151.022 of the Revised Code or defined in rule 5101:2-1-01 of the Administrative Code. The PCSA shall complete an assessment to identify the need for services designed to promote child safety, permanency, and well-being for a child determined to be unruly or delinquent.

(14) ICPC report, pursuant to rule 5101:2-52-04 of the Administrative Code.

(C) Completion of the JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006) is required for family in need of services, stranger danger investigations.

(D) Except as provided in paragraph (E) of this rule, completion of the JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006) is required for all family in need of services reports transferred for ongoing PCSA services prior to the completion of the case plan pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(E) The following family in need of services report subcategories do not require the completion of a JFS 01400 prior to the completion of the case plan:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) ICPC.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/09/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 3/1/06, 10/01/09

5101:2-36-11 Justification to extend time frames for completion or waive completion of assessment/investigation activities.

(A) The public children services agency (PCSA) shall complete a justification for extension if the PCSA is unable to complete specific assessment/investigative activities pursuant to the time frames established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The justification for extension shall:

(1) Contain written justification for not meeting the established time frame.

(2) Contain supervisory approval of the written justification prior to the expiration of the established time frame.

(3) Be maintained in the case record.

(B) A justification for extension is permitted for the following assessment/investigative activities:

(1) Completion of the JFS 01401 "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006). The time frame may be extended until face-to-face contact with each required participant is completed or until the PCSA is required to make a report disposition or final case decision.

(2) Obtaining the signature of the parent, guardian, or custodian, or person(s) responsible for an action step on the JFS 01409 "Comprehensive Assessment and Planning Model - I.S., Safety Plan for Children" (rev. 2/2006) within twenty-four hours from receipt of the verbal authorization. The time frame of the extension shall not exceed five working days.

(3) Completion of the JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006). The time frame of the extension shall not exceed fifteen days.

(4) Completion of the JFS 01402 "Comprehensive Assessment and Planning Model - I.S., Ongoing Case Assessment/Investigation" (rev. 7/2006). The time frame of the extension shall not exceed fifteen days.

(5) Completion of the JFS 01403 "Comprehensive Assessment and Planning Model - I.S., Specialized Assessment/Investigation" (rev. 2/2006). The time frame of the extension shall not exceed fifteen days.

(6) Completion of the report disposition. The time frame of the extension shall not exceed fifteen days.

(C) The PCSA shall complete a waiver justification if the PCSA is unable to complete specific assessment/investigative activities pursuant to the requirements established within Chapters 5101:2-36 and 5101:2-37 of the Administrative Code. The waiver justification shall:

(1) Identify the reason each assessment/investigation activity can not be completed.

(2) Contain the director's or designee's approval of the written justification prior to the termination of the established time frame, or extended time frame, for the assessment/investigation activity.

(3) Be maintained in the case record.

(D) A waiver justification is permitted for the following assessment/investigation activities:

(1) Completion of the face-to-face interview with the alleged child victim or child subject of the report.

(2) Completion of the face-to-face interview with each child in the home of the alleged child victim or child subject of the report.

(3) Completion of the face-to-face interview with each adult residing in the home of the alleged child victim or child subject of the report, including the parent(s), guardian, or custodian.

(4) Completion of the face-to-face interview with the alleged perpetrator.

(5) Completion of face-to-face or telephone interviews with any identified witnesses and collateral sources.

(6) Completion of the JFS 01400, the JFS 01401, JFS 01402, or JFS 01403 if the report disposition is one of the following:

(a) Family moved: unable to complete assessment/investigation.

(b) Family moved out of county: refer to appropriate PCSA.

(7) Completion of the JFS 01400, JFS 01401, JFS 01402, or JFS 01403 if all of the following apply:

(a) The PCSA has not successfully gathered sufficient information from any principal of the report, identified witness, or collaterals in order to complete the JFS 01400, JFS 01401, JFS 01402, or JFS 01403.

(b) The parent, guardian, or custodian of the alleged child victim refused the PCSA to have contact with family members, including principals of the report, to complete the required assessment activities.

(c) The PCSA consulted legal counsel regarding the report and the family's refusal to engage in the assessment/investigation process.

(d) The PCSA's legal counsel advised the PCSA no legal action will be pursued.

(e) The PCSA report disposition is unsubstantiated, substantiated, or indicated.

(E) The PCSA shall not complete a justification to waive or extend the completion time frame for any assessment/investigation activity not identified within this rule.

R.C. 119.032 review dates: 07/22/2011 and 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.421, 5153.16
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 10/1/97 (Emer.), 12/30/97, 4/1/01, 12/1/01, 6/25/04, 3/01/06, 10/01/09

5101:2-36-12 PCSA requirement for cross-referring reports of child abuse and/or neglect.

(A) The provisions of rule 5101:2-33-21 of the Administrative Code regarding confidentiality apply to all cross-referrals of child abuse and/or neglect required by this rule.

(B) The public children services agency (PCSA) shall make a cross referral to law enforcement if the report alleges a criminal offense.

(C) The PCSA shall cross refer reports of child abuse and or neglect in accordance with the PCSA's county child abuse and neglect memorandum of understanding, and if applicable, the interagency agreement with a child advocacy center pursuant to section 2151.428 of the Revised Code.

(D) The PCSA shall contact the following licensing and supervising authorities, as applicable, no later than the next working day from the date the referral was screened in to share information pursuant to rules 5101:2-33-21 and 5101:2-36-04 of the Administrative Code:

(1) The Ohio department of developmental disabilities (ODDD)division of developmental centers quality assurance if the report involves a developmental center managed by ODDD; or the office of licensure when the report involves a foster or group home licensed by ODDD.

(2) The local county board of developmental disabilities (DD) if the report involves any program managed by the county board of DD.

(3) The local board of alcohol, drug addiction, and mental health and the Ohio department of mental health (ODMH) if the report involves a residential care facility licensed by ODMH.

(4) The Ohio department of youth services' (ODYS) chief inspector if the report involves an institution or facility for delinquent children managed by ODYS; or the juvenile judge and ODYS' division of parole, courts, and community services when the report involves a detention or rehabilitation facility managed by a juvenile court and approved by ODYS.

(5) The superintendent of the local schools and the Ohio department of education (ODE) if the report involves a primary or secondary school setting, or ODE's legal counsel when reports involve the school for the deaf or blind managed by ODE and early education programs.

(6) The superintendent of public instruction, pursuant to section 5153.176 of the Revised Code, if all of the following apply:

(a) The report involves a person who holds a license issued by the state board of education.

(b) The PCSA has determined that child abuse or neglect occurred.

(7) The Ohio department of job and family services (ODJFS), children services licensing, if the report involves a foster home, group home or children's residential facility licensed by ODJFS.

(8) The ODJFS, child care licensing, if the report involves a day care center (more than twelve children) or a type A family child care home which is or should be licensed by ODJFS.

(9) The local county department of job and family services (CDJFS) if the report involves an in-home aide who is certified by the CDJFS or a type B family day care certified by the CDJFS.

Effective: 03/01/2012
R.C. 119.032 review dates: 11/09/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 2/1/82, 10/1/82, 1/1/87, 1/1/88, 3/15/88, 1/1/90, 10/1/95, 6/1/96, 6/1/97, 4/1/01, 3/1/06, 10/01/09

5101:2-36-13 Intrastate and interstate referral procedures for children's protective services.

(A) A public children services agency (PCSA) shall make an intrastate or interstate referral to another PCSA or children's services agency (CSA) if one of the following occurs:

(1) The PCSA initiates an abuse or neglect report and determines the alleged child victim and his or her parent, guardian, or custodian reside in another county or state and assistance to complete the assessment/investigation is needed to assess the safety of the alleged child victim.

(2) The PCSA receives a report of alleged child abuse or neglect, and determines the child and his or her parent, guardian, or custodian have moved to another county or state before an assessment/investigation can be initiated.

(3) The PCSA determines that protective services are needed but the child and his or her parent, guardian, or custodian moves to another county or state before or during the provision of protective services and the child remains at risk of abuse or neglect.

(4) The PCSA receives an abuse or neglect report and determines the alleged child victim is residing in or visiting another county or state and assistance with the assessment/investigation is needed to assess the safety of the alleged child victim. If the parent, guardian, or custodian has arranged for the alleged child victim to reside with a relative or kin in another state, provisions of rules 5101:2-52-04 and 5101:2-52-06 of the Administrative Code do not apply.

(B) The PCSA shall comply with the following procedures when making a referral to another PCSA:

(1) If an emergency exists, the PCSA shall immediately telephone the appropriate PCSA and provide the referral information.

(2) If no emergency exists, the PCSA shall provide the referral information by telephone or in writing.

(3) The referral information provided to the PCSA shall include, but is not limited to, the following:

(a) The case identification number established within the statewide automated child welfare information system (SACWIS).

(b) The case reference person established within SACWIS.

(d) Location, including the address, of the child and his or her parent, guardian, or custodian.

(e) Summary of the referring PCSA's involvement with the child, his or her parent, guardian, or custodian.

(f) The nature of the request for provision of protective services.

(g) The referring PCSA contact person.

(h) The information the referring PCSA needs in response to the referral.

(1) If an emergency exists, the PCSA shall immediately telephone the appropriate CSA with the referral information. Within three working days of the date of the telephone referral, the PCSA shall follow-up with a written referral to the CSA.

(2) If no emergency exists, the PCSA shall provide the referral information by telephone or in writing. Within three working days of the date of the telephone referral, the PCSA shall follow-up the telephone referral with a written referral to the CSA.

(3) The referral shall include, but is not limited to, the following:

(a) All available identifying information on the child, his or her parent, guardian, or custodian and other involved people, including names, dates of birth, ages, and social security numbers.

(b) The child, his or her parent, guardian, or custodian and other involved persons' relationship(s) to each other.

(d) Summary of the referring PCSA's involvement with the child, his or her parent, guardian, or custodian and the current case status.

(e) A copy of the completed JFS 01401 "Comprehensive Assessment and Planning Model - I..S., Safety Assessment" (rev. 2/2006) and the JFS 01400 "Comprehensive Assessment and Planning Model - I.S., Family Assessment" (rev. 7/2006), if applicable.

(f) The nature of the request for the provision of protective services.

(g) The referring PCSA contact person.

(h) The information the referring PCSA needs in response to the referral.

(4) Confidential information regarding the child, his or her parent, guardian, or custodian may be released to CSA pursuant to rule 5101:2-33-21 of the Administrative Code.

(D) Upon receipt of an intrastate referral, the receiving PCSA shall comply with the following procedures:

(1) Record, categorize, and complete a screening decision on the referral information according to the procedures outlined in rule 5101:2-36-01 of the Administrative Code.

(2) If the referral is screened in as a report, record the assessment/investigation activities within the SACWIS.

(E) Upon receipt of an interstate referral the receiving PCSA shall comply with the following procedures:

(1) Record, categorize, and complete a screening decision on the referral information in the SACWIS according to the procedures outlined in rule 5101:2-36-01 of the Administrative Code.

(2) If the referral is screened in as a report, update the case record summarizing the assessment/investigation or the plan for the provision of protective services and send a summary to the referring agency, within three working days of completion of assessment/investigation activities.

R.C. 119.032 review dates: 11/07/2011 and 11/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 1/1/87, 1/1/88, 4/1/01, 3/01/06, 10/01/09

5101:2-36-14 Protective service alert.

(A) A public children services agency (PCSA) shall issue a protective service alert (PSA) if either of the following occurs:

(1) The PCSA receives an abuse or neglect report and the PCSA determines that the whereabouts of the alleged child victim and his or her parent, guardian, or custodian are unknown and an assessment of safety is needed.

(2) The PCSA determines that protective services are needed and the PCSA determines that the whereabouts of the child and his or her parent, guardian, or custodian are unknown and the child remains at risk of abuse or neglect.

(B) The PCSA shall create a PSA in the statewide automated child welfare information system (SACWIS) and specify whether the PSA is to be processed as an in-state or out of state alert.

(D) A non-originating PCSA shall notify the originator of a PSA in writing no later than the next working day if a person(s) with an active PSA has been located.

(E) Upon receipt of the notification that a person has been located, the originator of the PSA shall cancel the PSA.

(F) A PSA will expire in ninety days.

(G) A PCSA shall complete a PSA extension prior to the expiration of the PSA if the PCSA determines the child has not been located. Each PSA extension will expire ninety days from the issued date.

R.C. 119.032 review dates: 07/22/2011 and 07/01/2016
Promulgated Under: 119.03
Statutory Authority: 2151.421
Rule Amplifies: 2151.421
Prior Effective Dates: 1/1/87, 12/17/94, 4/1/01, 3/01/06, 10/01/09

5101:2-36-20 Public children services agencies assessment requirements for child abuse and neglect reports in alternative response.

(A) This rule applies to public children services agencies (PCSAs) that received training and written approval from the Ohio department of job and family services (ODJFS) to implement alternative response.

(B) The PCSA shall conduct an assessment in response to a child abuse and/or neglect report assigned to the alternative response pathway.

(C) The PCSA shall initiate the screened in child abuse and neglect report assigned to the alternative response pathway in accordance with the following:

(1) For an emergency report, attempt a face-to-face contact with the child subject of the report within one hour from the time the referral was screened in as a report in order to assess child safety.

(2) For all other reports, complete one of the following activities, within twenty-four hours from the time the referral was screened in as a report, with a principal of the report or collateral source, who has knowledge of the child's current condition and can provide current information about the child's safety:

(a) Attempt a face-to-face contact with the parent, child or collateral source.

(b) Attempt a telephone contact with the parent or collateral source.

(c) Send a letter to the parent, guardian, or custodian acknowledging a report was received and inviting the family to engage with the PCSA.

(D) The PCSA shall document in the case record the date, time, and with whom the assessment was initiated. For all reports initiated by the mailing of a letter, the date the letter is mailed shall be documented in the case record.

(E) The PCSA shall complete face-to-face contacts within the first four working days from the date the report was screened in as a child abuse or neglect report to assess the safety of the child.

(1) The PCSA shall complete and document the JFS 01401, "Comprehensive Assessment and Planning Model - I.S., Safety Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-01 of the Administrative Code in the statewide automated child welfare information system(SACWIS) within seven working days from the date the report was screened in as a child abuse and/or neglect report.

(2) If the PCSA has extended the timeframe for completion of the JFS 01401 pursuant to rule 5101:2-36-11 of the Administrative Code, the PCSA shall document the assessment of safety by completing the JFS 01401 within three working days from the face-to-face contact with the alleged child victim and one parent, guardian, custodian or caretaker.

(F) The PCSA shall not contact a child without parental consent, unless one of the following exigent circumstances exists:

(1) There is credible information indicating the child is in immediate danger of serious harm.

(2) There is credible information indicating the child will be in immediate danger of serious harm upon return home from school or other locations away from his or her home.

(3) There is credible information indicating the child may be intimidated from discussing the alleged abuse or neglect in his or her home.

(4) The child requests to be contacted at school or another location due to one of the circumstances listed above.

(G) If a child is contacted without parental consent, the PCSA shall attempt a face-to-face contact with the child's parent, guardian, or custodian to inform them that contact with his or her child occurred and provide the specific facts necessitating the child be contacted without parental consent. This face-to-face contact shall occur the same day the child was contacted.

(H) The specific facts necessitating contact with the child be completed without parental consent shall be documented in the case record.

(I) The PCSA shall complete and document face-to-face contacts with each child residing within the home of the child(ren) who were the subject of the report.

(J) The PCSA shall complete and document face-to-face contacts with all adults residing within the home of the child(ren) who were the subject of the report.

(K) If the attempted face-to-face contacts with the family, as specified in paragraphs (I) and (J) of this rule are unsuccessful, the PCSA shall continue making attempts of face-to-face contact at least every five working days, at a minimum, until the child is seen or until the PCSA is required to complete a case decision pursuant to paragraph (T) of this rule.

(L) The PCSA shall convert a case from the alternative response pathway to the traditional response pathway if any of the following occur:

(1) The family requests a pathway change from the alternative response pathway to the traditional response pathway.

(2) The JFS 01401, JFS 01419 "Alternative Response Family Assessment" (rev. 7/2008), or JFS 01423 "Alternative Response Ongoing Case Assessment" (rev. 7/2008) cannot be completed because the family refused to engage in the assessment process or the family can not be located.

(3) The PCSA files a complaint with the juvenile court pursuant to section 2151.27 of the Revised Code alleging the child is abused, neglected or dependent child.

(4) The PCSA screens in a report requiring assignment in a traditional response pathway pursuant to paragraph (H) of rule 5101:2-36-01 of the Administrative Code.

(M) The PCSA shall advise the parent, guardian, or custodian of the information contained in the report at the time of the initial contact. The initial contact between the PCSA and the parent, guardian, or custodian includes face-to-face or telephone contact, whichever occurs first, if information is gathered as part of the assessment process.

(N) If the PCSA determines a child to be in immediate danger of serious harm, the PCSA shall follow procedures outlined in rule 5101:2-37-02 of the Administrative Code.

(O) The PCSA shall conduct and document face-to face or telephone contact with any person identified as a possible source of information during the assessment to obtain relevant information regarding the safety of and risk to the child. The PCSA shall exercise discretion in the selection of collateral sources to protect the family's right to privacy.

(P) If two or more PCSAs are involved in an assessment, the PCSA located within the county where the parent, guardian, or custodian of the child subject of the report resides is the lead. If an order of shared parenting has been issued, the PCSA located within the county of residence of the custodian who has physical care of the child subject of the report at the time the referral information is received, is the lead, unless the court order identifies a designated custodian of the child subject of the report, in which case, the county of residence of the designated custodian of the child is the lead.

(Q) The PCSA may request the assistance of a non-lead PCSA, either verbally or in writing, to contact any principals of the report and collateral sources located within the non-lead PCSA's jurisdiction to complete the JFS 01401, JFS 01419 or JFS 01423.

(R) If the PCSA determines a family member involved in the alternative response assessment has an impairment causing a barrier in communication (e.g., deaf or hearing impaired or limited English proficiency), the PCSA shall have an interpreter present for all interactions.

(S) The PCSA and the family may develop and implement the JFS 01418 "Alternative Response Family Service Plan" (rev. 3/2011) any time after the assessment of safety has been conducted and the PCSA and the family agree upon services.

(T) The PCSA shall make a final case decision by completing the JFS 01419 no later than forty-five days from the date the PCSA screened in the referral as a report.

(1) The PCSA may extend the timeframe for completion of the JFS 01419 with written justification and supervisory approval. The time frame for extension shall not exceed fifteen days.

(2) The JFS 01419 shall be entered in SACWIS within three working days from the date of the final case decision.

(U) If the child abuse and/or neglect report involves a family member receiving services after the completion of the JFS 01419, the PCSA shall make the final case decision by completing the JFS 01423.

(1) The JFS 01423 shall be completed no later than forty-five days from the date the PCSA screened in the referral as a report.

(2) The JFS 01423 shall be entered in SACWIS within three working days from the date of the final case decision.

(V) If the case decision is to transfer the case for ongoing PCSA services, and the case will continue to be assigned to the alternative response pathway, the agency shall provide ongoing services to the family pursuant to rule 5101:2-38-20 of the Administrative Code.

(W) Within two working days of completion of the assessment, the PCSA shall do both of the following:

(1) Notify the parent, guardian, or custodian of the final case decision in writing.

(2) Refer to "Help Me Grow" any infant born and identified as affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.

(X) Documentation of the alternative response assessment, including any materials obtained during the assessment, shall be maintained in the case record.

(Y) The PCSA may extend time frames for completion or waive assessment activities pursuant to rule 5101:2-36-11 of the Administrative Code.

Effective: 07/01/2011
R.C. 119.032 review dates: 07/01/2016
Promulgated Under: 119.03
Statutory Authority: Sec. 309.45.10 of Am. Sub. H.B. 1 of the 128th General Assembly, 5153.166
Rule Amplifies: Sec. 309.45.10 of Am. Sub. H.B. 1 of the 128th General Assembly