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Ohio Laws and Rules
(A) The public children services agency (PCSA) shall complete the JFS 01401 “Comprehensive Assessment and Planning Model – I.S., Safety Assessment” (rev. 2/2006) for all of the following:
(1) Intra-familial child abuse and neglect reports, including those which are screened in as a third party investigation.
(2) Dependency reports.
(3) Stranger danger investigations.
(B) The PCSA shall complete the JFS 01401 regarding the family of the alleged child victim. For the purpose of completion of the JFS 01401, family includes all of the following individuals, as applicable:
(1) Alleged child victim.
(2) Siblings of the alleged child victim, including step or half siblings residing in the home.
(3) Parent(s), guardian, or custodian of the alleged child victim.
(4) Paramour of the custodial parent, guardian, or custodian who is residing in the home.
(5) Children of the paramour residing in the home.
(6) Other children residing in the home of whom the parent, guardian, or custodian has custody or guardianship.
(7) A related or unrelated adult residing in the home who has routine responsibility for the care of the alleged child victim and siblings.
(C) The PCSA shall document the assessment of safety threats, past history, child vulnerability, and family protective capacities on the JFS 01401 to determine the safety response.
(D) To complete the JFS 01401, the PCSA shall, at a minimum, conduct a face-to-face interview with each alleged child victim and at least one parent, guardian, or custodian or a caretaker having routine responsibility for the care of the alleged child victim. If the initial attempt to make face-to-face contact is unsuccessful, the PCSA shall make an additional attempt within the first four working days from the date the report was screened in.
(E) The PCSA shall complete the JFS 01401 within four working days from the date the report was screened in for assessment/investigation.
(F) If the PCSA is not able to complete the JFS 01401 within four working days from the date the report was screened in due to the agency’s inability to interview each alleged child victim and at least one parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim, a justification to extend the completion time frame shall be completed by the caseworker and approved by the supervisor no later than the expiration of the four working day time frame pursuant to rule 5101:2-36-11 of the Administrative Code.
(G) If the PCSA has attempted to make face-to-face contact with the alleged child victim and his or her parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim and they are unavailable, the PCSA shall do both of the following:
(1) Continue making attempts pursuant to rule 5101:2-36-03, 5101:2-36-05, or 5101:2-36-09 of the Administrative Code, as applicable.
(2) Complete the JFS 1401 the next working day after face-to-face contact is made with each alleged child victim and the parent, guardian, or custodian or caretaker having routine responsibility for the care of the alleged child victim.
(H) If additional child abuse and/or neglect reports are screened in for assessment/investigation within four working days after acceptance of a child abuse and/or neglect report and prior to the completion of the initial JFS 01401, the PCSA shall complete one JFS 01401 concerning all reports within four working days from the date the initial report was screened in for assessment/investigation.
(I) If additional child abuse and/or neglect reports are screened in for assessment/investigation after the first four working days of the assessment/investigation have passed or after completion of the initial JFS 01401, the PCSA shall complete an additional JFS 01401 concerning the subsequent child abuse and/or neglect report pursuant to paragraph (F) of this rule.
(J) In addition to completion of the JFS 01401 pursuant to paragraph (A) of this rule, the PCSA may complete the JFS 01401 any time there are concerns regarding child safety.
(K) The PCSA shall maintain a copy of the JFS 01401 in the case record.
Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.421, 5153.16
Prior Effective Dates: 3/1/06
(A) The public children services agency (PCSA) shall immediately develop and implement a JFS 01409 “Comprehensive Assessment and Planning Model – I.S., Safety Plan for Children” (rev. 2/2006) if determined a child is in immediate danger of serious harm.
(B) At a minimum, the PCSA shall assess all of the following to determine the degree of intervention necessary to control safety threats and protect the child:
(1) The presence of active safety threats.
(2) The vulnerability of the child.
(3) The protective capacities of the parent, guardian, or custodian.
(4) The family’s history of child abuse and/or neglect resulting in serious harm.
(C) The PCSA shall document the assessment of safety outlined in paragraph (B) of this rule on the JFS 01401 “Comprehensive Assessment and Planning Model – I.S., Safety Assessment” (rev. 2/2006) pursuant to paragraph (A) of rule 5101:2-37-01 of the Administrative Code or on the safety re-assessment contained within the JFS 01413 “Comprehensive Assessment and Planning Model – I.S., Case Review” (rev. 2/2006) pursuant to paragraph (G) of rule 5101:2-38-09 of the Administrative Code. The JFS 01401 or the safety re-assessment shall be approved by the supervisor and documented in the case record.
(D) If an infant is born and identified as affected by illegal substance use or withdrawal symptoms resulting from prenatal drug exposure, the PCSA shall develop a safety plan as needed, pursuant to paragraph (E) or (F) of this rule.
(E) If, after the assessment of safety, the safety response is to implement an in-home safety plan or an out-of-home safety plan, the PCSA shall develop a safety plan utilizing the JFS 01409.
(F) If, after the assessment of safety, the safety response is to implement a legally authorized out-of-home placement, the PCSA shall contact law enforcement and/or remove the child pursuant to rule 5101:2-39-01 of the Administrative Code. Completion of the JFS 01409 is not required for a legally authorized out-of-home placement safety response.
(G) If developing the JFS 01409, the PCSA shall consider, at a minimum, all of the following:
(1) How to involve the parent, guardian, or custodian, extended family, and community resources.
(2) How to utilize the least restrictive and least disruptive strategies to control safety threats while securing the safety of the child.
(3) Which methods will be utilized for receiving information from other involved persons or agencies assisting in monitoring the safety plan.
(4) How the PCSA monitors the safety plan.
(H) As applicable, the PCSA and the parent, guardian, or custodian shall mutually identify each individual or community resource responsible for conducting an action step specified on the safety plan and agree to the participation of that individual or community resource on the safety plan.
(I) To implement a safety plan, the PCSA shall obtain signatures on the JFS 01409 from the parent, guardian, or custodian and all persons responsible for a safety plan action step indicating their willingness to participate in the safety plan.
(J) If the parents of the child are married or if the parents of the child are divorced and a court issued an order of joint custody, the PCSA shall obtain agreement and signatures from both parents.
(K) If the parent, guardian, custodian or person responsible for an action step is not present to sign the JFS 01409, the safety plan may be implemented with a verbal authorization of at least one parent, guardian, or custodian. The verbal authorization shall be solidified with the signature(s) of the parent, guardian, or custodian and person responsible for an action step within twenty-four hours of receipt of the verbal authorization. The PCSA shall document the date and time the parent, guardian, or custodian and/or person responsible for an action step verbally authorized the implementation of a safety plan.
(L) If the parent, guardian, custodian or person responsible for an action step is unable to sign the safety plan within twenty-four hours of the verbal authorization, a justification to extend the time frame for five working days pursuant to rule 5101:2-36-11 of the Administrative Code shall be documented in the case record.
(1) Only one extension may be granted.
(2) If the signature of the parent, guardian, custodian or person responsible for an action step is not obtained by the expiration of the extension, the safety plan shall be discontinued and other safety interventions implemented.
(3) Documentation of the attempts to obtain the signature of the parent, guardian, custodian and person responsible for an action step shall be recorded in the case record.
(M) The PCSA shall implement alternative safety interventions if a parent, guardian, or custodian or responsible person is unwilling to sign the JFS 01409.
(N) The PCSA shall monitor safety plans to ensure the action steps are controlling the identified safety threats. The monitoring plan requires the following:
(1) To monitor an in-home safety plan, the PCSA shall conduct weekly home visits. During the home visits, the PCSA shall make face-to-face contact with each child, parent, guardian, or custodian involved.
(2) To monitor an out-of-home safety plan, the PCSA shall have weekly contact with the children or persons responsible for an action step either by telephone or face-to-face. The PCSA shall have face-to-face contact with each child involved every other week.
(3) To monitor a legally authorized out-of-home placement safety plan where custody has been given to the PCSA or a relative or kin, the PCSA shall have face-to-face contact with the child, parent, guardian, custodian or caretaker residing in the home of the alleged child victim pursuant to rule 5101:2-38-05 or 5101:2-42-65 of the Administrative Code.
(O) If the PCSA determines a safety threat is no longer active or is being controlled through the family’s protective capacities and the child is no longer in immediate danger of serious harm, the JFS 01409 shall be discontinued. The PCSA shall notify the parent, guardian, or custodian and each responsible party in writing within one working day of the discontinuation of the JFS 01409.
(P) If the JFS 01409 is modified, the signature of all participants on the modified JFS 01409 prior to its implementation shall serve as notification.
(Q) The PCSA shall not close a case if an active safety plan exists.
(R) The PCSA shall maintain a copy of the JFS 01409 in the case record.
Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 2151.421, 5153.16
Rule Amplifies: 2151.421, 5153.16
Prior Effective Dates: 6/1/97, 4/1/01, 3/1/06
(A) The public children services agency (PCSA) shall complete the JFS 01400 “Comprehensive Assessment and Planning Model – I.S., Family Assessment” (rev. 7/2006) for both of the following reports:
(1) Intra-familial child abuse and neglect reports, including third party.
(2) Dependency reports.
(B) The PCSA shall complete the JFS 01400 on all cases transferred for ongoing PCSA services prior to completion of the case plan pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code, except for the following family in need of services reports:
(1) Deserted child.
(2) Emancipated youth.
(3) Permanent surrender.
(4) Interstate compact on placement of children.
(C) The PCSA shall complete one JFS 01400 per episode of PCSA case involvement regarding the family of the alleged child victim. For the purpose of completing the JFS 01400, family includes all of the following individuals, as applicable:
(1) Alleged child victim.
(2) Siblings of the alleged child victim, including step or half siblings residing in the home.
(3) Parent, guardian, custodian or caretaker residing in the home of the alleged child victim.
(4) Paramour of the custodial parent, guardian, custodian or caretaker residing in the home.
(5) Children of the paramour residing in the home.
(6) Other children residing in the home of whom the parent, guardian, custodian or caretaker has custody or guardianship.
(7) A related or unrelated adult residing in the home having routine responsibility for care of the alleged child victim and siblings.
(D) The PCSA shall complete the JFS 01400 no later than thirty days from the date the PCSA screened in the report. The PCSA may extend the timeframe by a maximum of fifteen days if information needed to complete the JFS 01400 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.
(E) The PCSA shall complete and maintain the JFS 01400 and the justification to extend the time frame, if applicable, in the case record.
Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
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, 4/1/01, 3/1/06
(A) The public children services agency (PCSA) shall complete the JFS 01404 “Comprehensive Assessment and Planning Model – I.S., Reunification Assessment” (rev. 2/2006) if reunification with the removal family is being considered and the child has been placed out of the home through either a voluntary out-of-home safety plan or a legally authorized out-of-home placement for thirty days or more.
(B) The PCSA shall complete the JFS 01404 to support and document the PCSA’s assessment of the family’s reunification readiness. The decision regarding the family’s reunification readiness includes an assessment of the following:
(1) A review of child safety.
(2) Information pertaining to the parent, guardian, or custodian’s compliance with court orders, if applicable.
(3) An update on:
(a) Family conditions and dynamics.
(b) Family resources, strengths, and protective capacities.
(c) Child vulnerability.
(4) Interventions necessary to support reunification.
(C) The PCSA shall complete the JFS 01404 regardless of circumstances precipitating the child’s placement out of the home or who or what entity holds custody of the child.
(D) The PCSA shall complete the JFS 01404:
(1) If the PCSA determines, through the completion of a safety re-assessment, that the child’s placement out of the home for thirty days or more through either a voluntary out-of-home safety plan or a legally authorized out-of-home placement should be discontinued.
(2) If the PCSA determines, through the completion of the JFS 01413 “Comprehensive Assessment and Planning Model – I.S., Case Review” (rev. 7/2006), the risk level is reduced to moderate or below; and the child’s placement out of the home for thirty days or more, through either a voluntary out-of-home safety plan or a legally authorized out-of-home placement, should be discontinued.
(3) No more than thirty days prior to any court hearing if the PCSA is requesting termination of custody and reunification of the child .
(4) Upon receipt of a court order requiring the child to be reunified.
(5) After a court hearing if the court ordered reunification.
(6) No more than thirty days prior to reunification.
(E) The PCSA may complete the JFS 01404 any time the PCSA deems appropriate or the case warrants it, regardless of the number of days the child is placed out of the home through either a voluntary out-of-home safety plan or a legally authorized out-of-home placement.
(F) The PCSA shall maintain the JFS 01404 in the case record.
Effective: 10/01/2009
R.C. 119.032 review dates: 04/01/2009 and 03/31/2014
Promulgated Under: 119.03
Statutory Authority: 5153.16
Rule Amplifies: 5153.16
Prior Effective Dates: 03/01/06