Chapter 5101:2-38 Case Planning and Reviews

5101:2-38-01 Requirements for PCSA case plan for in-home supportive services without court order.

(A) The public children services agency (PCSA) shall develop and complete a case plan utilizing the JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006) if in-home supportive services for the child and his or her parent, guardian, or custodian are agreed upon and there is no court order.

(B) The JFS 01410 shall be based on the completion of the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006).

(C) Completion of the JFS 01400 is not required in order to complete a JFS 01410 case plan resulting from the following family in need of service reports:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on placement of children.

(D) The PCSA shall provide the child's parent, guardian, or custodian, and child, if age and developmentally appropriate, with verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan no less than seven days prior to case plan completion. The date and method of notification shall be documented in the case record.

(E) The PCSA shall obtain agreement on the contents of the JFS 01410; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the JFS 01410.

(F) The PCSA shall develop and complete the case plan no later than thirty days after whichever of the following occurs first:

(1) The case decision indicates the need for services and the parent, guardian, or custodian agrees to the provision of supportive services.

(2) The parent, guardian, or custodian voluntarily requests services and the PCSA determines that the requested services can be provided.

(G) The JFS 01410 shall be considered complete once the parent, guardian, or custodian signs the case plan indicating their agreement to participate in services.

(H) If sufficient information is not available to complete any element contained on the JFS 01410, the PCSA shall:

(1) Specify in the JFS 01410, developed pursuant to paragraph (C) of this rule, the additional information needed in order to complete all parts of the case plan and the steps to take to obtain the missing information.

(2) Obtain the missing information and complete the missing elements of the JFS 01410 no later than thirty days after the date the incomplete JFS 01410 was signed.

(I) The PCSA shall develop one case plan per case .

(J) The PCSA shall make face-to-face contact with each parent, guardian, or custodian, and child participating in and being provided services through the JFS 01410 no less than monthly to monitor progress on the case plan objectives.

(1) The PCSA shall have at least one contact every other month in the child's home.

(2) The PCSA shall document home visits, attempts, and all contacts in the case activity log.

(K) If the initial attempt to complete a face-to-face contact pursuant to paragraph (J) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contact within the calendar month.

(L) The PCSA shall complete an amendment to the JFS 01410 if the child is placed in substitute care or if there is a change in any of the following:

(1) Services.

(2) Participant(s).

(3) Case plan goal.

(4) Case plan activities.

(5) Legal status of the child.

(6) Completion of the JFS 01413 "Comprehensive Assessment Planning Model -I.S., Case Review" (rev. 8/2010) or the JFS 01402 "Comprehensive Assessment Planning Model - I.S., Ongoing Case Assessment Investigation Tool" (rev. 7/2006) indicates a change in the safety or risk to the child.

(M) The PCSA shall do the following as applicable in completing an amendment to the JFS 01410:

(1) If the PCSA is providing in-home supportive services with no court order, the PCSA shall do all of the following:

(a) Contact the child's parent, guardian, or custodian and seek an agreement for an amendment of the JFS 01410.

(b) Obtain signatures from the child's parent, guardian or custodian.

(c) Implement the amendment to the case plan once the parent, guardian, or custodian agrees to the change.

(d) Provide each parent, guardian, or custodian with a copy of the amendment within seven days of the amendment not including the date of signature.

(2) If the PCSA amends the JFS 01410 due to court ordered placement of the child in substitute care, the PCSA shall complete the amendment in accordance with rule 5101:2-38-05 of the Administrative Code and submit the amendment to the court within seven days of the child's placement in substitute care, not including the date of placement.

(3) If the PCSA amends the JFS 01410 due to change in legal status, the PCSA shall complete the amendment in accordance with rule 5101:2-38-05 of the Administrative Code and submit the amendment to the court within seven days of filing a complaint not including the date of filing.

(N) If the PCSA and the child's parent, guardian, or custodian no longer agree on the case plan, the PCSA shall do one of the following:

(1) Discontinue supportive services to the family.

(2) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child or may become abused, neglected or dependent; and intervention of the court is needed for the child's protection.

(O) The PCSA shall review the progress of the case plan objectives by completing the JFS 01413 pursuant to rule 5101:2-38-09 of the Administrative Code.

(P) The PCSA shall conduct a semiannual administrative review by completing the JFS 01412 "Comprehensive Assessment Planning Model - I.S., Semiannual Administrative Review" (rev. 1/2014) pursuant to rule 5101:2-38-10 of the Administrative Code.

(Q) If a case review or a semiannual administrative review results in a recommendation for a case plan amendment, the PCSA shall involve the child's parent, guardian, or custodian and child, if age and developmentally appropriate, in the development of the amendment.

(R) The PCSA shall do all of the following to close a case:

(1) Complete the JFS 01413 to assess there are no active safety threats and the overall level of risk is reduced.

(2) Notify parties to the case plan of the intent to close the case.

(3) Complete the JFS 01411 "Comprehensive Assessment Planning Model - I.S., Amended Case Plan Cover Sheet" (rev. 2/2006).

(S) The PCSA shall maintain a copy of the original JFS 01410, all amendments, and documentation of the face-to-face contacts, including all attempts, to monitor progress on the case plan objectives in the case record and recorded in SACWIS.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03
Rule Amplifies: 2151.412 , 2151.421 , 5103.03 , 5153.16
Prior Effective Dates: 11/1/85 (Emer.), 1/31/86, 1/1/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88, 7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 6/1/97, 4/1/01, 9/19/05, 3/1/06, 10/1/09

5101:2-38-02 Protective supervision by PCSAs.

(A) If a public children services agency (PCSA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person, as needed. Reasonable restrictions include, but are not limited to:

(1) Ordering a parent, guardian, or custodian, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time.

(2) Ordering a parent, guardian, or custodian to prevent a particular person from contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(B) For each child under an order of protective supervision:

(1) The PCSA shall prepare and maintain a JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006) pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(2) The PCSA shall make available appropriate supportive services to the child and the parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent. The PCSA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCSA shall complete the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 8/2010) pursuant to rule 5101:2-38-09 of the Administrative Code for any case involving an order of protective supervision.

(4) The PCSA shall complete a JFS 01412 "Comprehensive Assessment Planning Model - I.S., Semiannual Administrative Review" (rev. 1/2014) pursuant to rule 5101:2-38-10 of the Administrative Code for any case where there is involving an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCSA shall file a written request with the court to either terminate, or extend for six months, the order of protective supervision.

(D) The PCSA shall provide written notice of the proposed extension or termination to all parties of the case plan and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) If the PCSA requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time the request is filed with the court.

(F) The PCSA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(G) If the court grants an extension of the order for protective supervision the PCSA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03
Rule Amplifies: 2151.412 , 2151.421 , 5103.03
Prior Effective Dates: 1/14/83, 3/20/83, 3/21/83, 11/1/85 (Emer.), 1/1/86, 1/29/86 (Emer.), 1/31/86, 4/1/86 (Emer.), 1/1/87, 3/20/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88, 7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 7/1/92, 9/1/93, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01, 1/1/02, 09/19/05, 3/1/06, 10/1/09

5101:2-38-03 Protective supervision by PCPAs.

(A) If a private child placing agency (PCPA) files a complaint with the court requesting an order of protective supervision, the agency shall also request the court to impose reasonable restrictions on the child and the child's parent, guardian, or custodian, or any other person as needed. Reasonable restrictions may include, but not be limited to:

(1) Ordering a parent, guardian, or custodian, within forty-eight hours after the issuance of the order, to vacate the child's home indefinitely or for a specified period of time.

(2) Ordering a parent, guardian, or custodian, to prevent a particular person from having contact with the child.

(3) Restraining or otherwise controlling the conduct of any person if his or her conduct is not in the best interest of the child.

(B) For each child under an order of protective supervision:

(1) The PCPA shall prepare and maintain a case plan pursuant to rule 5101:2-38-07 of the Administrative Code.

(2) The PCPA shall make available appropriate supportive services to the child, parent, guardian, or custodian, or, if applicable, pre-finalized adoptive parent. The PCPA shall comply with rule 5101:2-40-02 of the Administrative Code if providing supportive services.

(3) The PCPA shall review the progress in achieving the case plan objective and services by completing case reviews pursuant to rule 5101:2-38-09 of the Administrative Code. The PCPA shall document the case review on the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (rev. 1/2014) in lieu of the JFS 01413 "Comprehensive Assessment Planning Model - I.S. Case Review" (rev. 8/2010).

(4) The PCPA shall complete a semiannual administrative review pursuant to rule 5101:2-38-10 of the Administrative Code for any case if there is an order of protective supervision.

(C) No later than one year after the date the complaint was filed or the child was placed in shelter care, whichever is earlier, the PCPA shall file a written request with the court to either terminate, or extend for six months the order of protective supervision. If the PCPA requests termination of the order, the agency shall file a written status report setting out the facts supporting termination of the order at the time the request is filed with the court.

(D) The PCPA shall provide written notice of the proposed extension, or termination, to all parties of the case plan, parent, guardian, custodian, and the child's guardian ad litem no later than the close of business of the day after the day of filing.

(E) The PCPA has seven days from the date the court sends a notice of its proposed action, to object to and request a hearing on the proposed extension or termination.

(F) If the court grants an extension of the order for protective supervision, the PCPA may, prior to termination of the extension, file with the court a request for one additional extension of six months or for termination of the order.

Replaces: 5101:2-39-30

Effective: 05/30/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.33 , 2151.353 , 5103.03 , 5153.16
Rule Amplifies: 2151.33 , 2151.353 , 5103.03 , 5153.16
Prior Effective Dates: 1/1/89, 6/1/97, 1/1/02, 4/17/06, 10/1/09

5101:2-38-05 PCSA case plan for children in custody or under protective supervision.

(A) The public children services agency (PCSA) shall develop and complete a case plan utilizing the JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006) if services are provided to the child in his or her own home or in a substitute care setting and one of the following occurs:

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

(2) The PCSA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCSA to provide protective supervision for a child living in his or her own home.

(4) The court orders the PCSA to place the child in a planned permanent living arrangement.

(B) The JFS 01410 shall be based on the completion of the JFS 01400 "Comprehensive Assessment Planning Model - I.S., Family Assessment" (rev. 7/2006).

(C) Completion of the JFS 01400 is not required to complete a case plan resulting from the following family in need of service intakes:

(1) Deserted child.

(2) Emancipated youth.

(3) Permanent surrender.

(4) Interstate compact on placement of children.

(D) The PCSA shall develop one case plan per case unless directed otherwise by an order of the court.

(E) If initiating the case planning process, the PCSA shall:

(1) Provide verbal or written notification to the following parties of their responsibility to work with the agency in jointly developing, implementing, and reviewing the case plan utilizing the JFS 01410 no less than seven days prior to case plan completion:

(a) Child's parent, guardian, or custodian.

(b) Pre-finalized adoptive parent, if applicable.

(c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

(d) Child, if age and developmentally appropriate.

(e) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code, if applicable.

(2) Work with all parties on the development, implementation, and review of the case plan; attempt to obtain agreement on the contents of the case plan by the parties mentioned in paragraph (E)(1) of this rule and provide each party with a copy of the JFS 01410.

(3) Inform all parties, if agreement cannot be obtained on the contents of the case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

(4) Provide the substitute caregiver, including a relative or kin caregiver , or pre-finalized adoptive parent fulfilling this role, verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan no less than seven days prior to case plan completion. The date and method of notification shall be documented in the case record.

(F) If a case plan is developed pursuant to paragraph (A) of this rule, the PCSA shall file the JFS 01410 with the court based upon whichever of the following occurs first:

(1) No later than thirty days from the date the complaint was filed or the child was placed in shelter care.

(2) Prior to the adjudicatory hearing on the complaint.

(G) The JFS 01410 shall be considered complete once the court journalizes the case plan.

(H) If sufficient information is not available to complete any element contained on the JFS 01410, the PCSA shall do all of the following:

(1) Specify in the JFS 01410 developed pursuant to paragraph (F) of this rule, the additional information needed in order to complete all parts of the case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information, and complete the missing elements of the JFS 01410 and submit to the court no later than thirty days after the adjudicatory hearing or by the date of the dispositional hearing.

(I) The JFS 01410 shall serve as the permanency plan for the child.

(J) The JFS 01410 shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rules 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCSA has documented that it would be contrary to the safety or well-being of the children.

(K) The sibling's visitation plan developed pursuant to paragraph (J) of this rule shall include a description of the following:

(1) Efforts made by the agency to place the siblings together and why those efforts were unsuccessful.

(2) Identification of any sibling who is not included in the visitation plan and an explanation of why visitation or interaction with the child would be contrary to the safety or well-being of the other sibling(s).

(L) The JFS 01410 shall include a written visitation plan for the parent, guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation and interaction between the child placed in substititute care and the parent, guardian, or custodian pursuant to rule 5101:2-42-92 of the Administrative Code.

(M) Once the court journalizes the JFS 01410, the parties including PCSA staff, are bound by the provisions outlined in the journalized case plan. Failure to comply with the case plan by any party to the case plan may result in a finding of contempt of court. The JFS 01410 provides such notice to all parties.

(N) The PCSA shall contact the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the case plan if any of the following occurs:

(1) The conditions of either the child or his or her parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the legal status of the child or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; returned to his or her parent, guardian, custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of sixteen and independent living and life skill services are offered.

(5) A change in the visitation plan for a child.

(6) A party must be added or deleted from the JFS 01410.

(O) The PCSA shall attempt to obtain the signatures of the parent, guardian, custodian, or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, if an amendment is made to the JFS 01410.

(P) The PCSA shall record, on the JFS 01410, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement.

(Q) If an amendment is not agreed upon by the parties, the PCSA shall request a change in the case plan by filing the proposed change with the court.

(1) The PCSA shall provide both of the following to all affected parties including the guardian ad litem and/or court appointed special advocate:

(a) Written notice of the proposed change no later than the close of business of the day after the proposed change is filed with the court.

(b) Written notice that an objection to the change requires a request for a court hearing be proposed within seven days of the filing with the court, not including the date of filing.

(2) The PCSA may implement the amendment fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(R) In an emergency situation or if a child is in immediate danger of serious harm, the PCSA shall:

(1) Implement the change and amend the case plan.

(2) Notify all parties, the child's guardian ad litem, and the court of the change no later than the next day after the change is implemented.

(3) File a statement of the change with the court within three days after the change is implemented.

(4) Give notice of the filing along with a copy of the statement within three days of the change to the child's parent, guardian, custodian, or pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one is appointed.

(S) In an emergency situation, all parties to the case plan and the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the case plan and to request a court hearing regarding the change . If the objection and request for a hearing is filed with the court, the PCSA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCSA shall revert back to implementing the provisions of the journalized case plan.

(T) For court-ordered protective supervision cases, the PCSA shall:

(1) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(2) Complete at least one contact every other month in the child's home.

(U) For cases with children in custody, the PCSA shall:

(1) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(2) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(3) Complete at least one contact every other month in the parent, guardian, or custodian's, or if applicable, pre-finalized adoptive parent's home.

(V) If the initial attempt to complete face-to-face contact pursuant to paragraph (T) or (U) of this rule is unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(W) The PCSA may suspend home visits with the parent, guardian, or custodian of a child in PCSA custody if conducting visits in the home presents a threat to the safety of the caseworker. A written justification to suspend visits in the home shall be documented in the case record and shall include all of the following:

(1) Identification of the specific threat to the caseworker's safety and the person posing the threat.

(2) Documentation of other measures taken to assure worker safety prior to suspension of home visits.

(3) The anticipated length of time home visits are to be suspended.

(4) Authorization of the executive director or his or her designee to suspend home visits.

(X) If home visits are suspended pursuant to paragraph (W) of this rule, the PCSA shall complete face-to-face contact with the parent, guardian, or custodian of the child no less than monthly in a location assisting in ensuring the safety of the caseworker.

(Y) The PCSA shall review the progress in achieving the case plan objectives and services by completing the JFS 01413 "Comprehensive Assessment Planning Model - I.S., Case Review" (rev. 8/2010) pursuant to rule 5101:2-38-09 of the Administrative Code.

(Z) The PCSA shall conduct semiannual administrative reviews of the case plan pursuant to rule 5101:2-38-10 of the Administrative Code.

(AA) The PCSA may develop a supplemental plan for locating a permanent family placement for a child concurrently with reasonable efforts to preserve and reunify families. The supplemental plan shall not be considered a part of the case plan and does not require agreement or approval by the parties. Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian.

(BB) The PCSA shall maintain a copy of the original JFS 01410, all journalized amendments to the JFS 01410, all supplemental plans, and all documentation of the face-to-face contacts, including all attempts to monitor progress on the case plan objectives, in the child's case record in accordance with rule 5101:2-33-23 of the Administrative Code.

(CC) The PCSA shall attach the JFS 01443 "Child's Education and Health Information" (rev. 8/2010), to the JFS 01410 for each child placed in a substitute care setting.

(DD) The PCSA shall close the case if :

(1) There are no active safety threats and the overall level of risk is reduced.

(2) The court has ordered the case closed.

(EE) Upon determining case closure the PCSA shall do all of the following:

(1) Complete the JFS 01413 pursuant to rule 5101:2-38-09 of the Administrative Code.

(2) Complete the JFS 01404 "Comprehensive Assessment and Planning Model - I.S., Reunification Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-04 of the Administrative Code if applicable.

(3) Notify all parties of the case closure.

(4) Complete and sign the JFS 01411 "Comprehensive Assessment Planning Model -I.S., Amended Case Plan Cover Sheet" (rev. 2/2006).

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03
Rule Amplifies: 2151.412 , 2151.421 , 5103.03
Prior Effective Dates: 1/14/83, 3/20/83, 3/21/83, 11/1/85 (Emer.), 1/1/86, 1/29/86 (Emer.), 1/31/86, 4/1/86 (Emer.), 1/1/87, 3/20/87, 9/28/87 (Emer.), 12/23/87 (Emer.), 3/15/88, 7/1/88 (Emer.), 9/1/88, 1/1/89, 10/1/90, 7/1/92, 9/1/93, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01, 09/19/05, 3/1/06, 10/1/09, 12/31/10

5101:2-38-06 Required contents of a PCPA case plan document.

(A) The private child placing agency (PCPA) shall select one or more of the following case plan goals as applicable:

(1) Maintain a child safely in the child's own home.

(2) Reunify a child with the child's parent, guardian, or custodian.

(3) Place a child in a safe, planned permanent living arrangement excluding adoption.

(4) Prepare a child for independent living and emancipation.

(5) Place a child for adoption.

(B) The case plan shall include, but not be limited to, the following elements:

(1) Parties involved in the case plan and their individual responsibilities.

(2) Statement of goals and objectives to be achieved and conditions in the home that must be improved to ensure the child will be safe and will receive proper care.

(3) Anticipated timeframes for attainment of goals and objectives.

(4) Identification of services requested by or provided to the child or the child's parent, guardian, or custodian to achieve the goals identified in paragraph (B)(2) of this rule.

(5) The appropriateness of supportive services offered or provided under the court order for protective supervision to prevent removal of the child from the child's parent, guardian, or custodian.

(6) Specification of case management, casework services, and/or if appropriate, therapeutic counseling.

(C) For each child placed in a substitute care setting, the case plan shall also include, but not be limited to, the following elements:

(1) The type of substitute care placement.

(2) The appropriateness and safety of the placement in accordance with rule 5101:2-42-05 of the Administrative Code.

(3) The reasonable efforts made or will be made to make it possible for the child to return to the child's home or identify that reasonable efforts are not required pursuant to rule 5101:2-39-01 of the Administrative Code.

(4) The steps to be taken to assure services are provided to the child and the child's parent, guardian, or custodian to do one of the following:

(a) Facilitate the reunification of the child to the child's parent, guardian, or custodian.

(b) Locate a safe, planned permanent living arrangement for the child.

(5) The steps to be taken to assure services are provided to the child and substitute caregiver to address the needs of the child while the child is in the substitute care placement.

(6) A schedule for regular and frequent visitation, including an explanation of the reason for any restrictions on location of visits or the need for supervision of visits, between the child and the child's parent, guardian, or custodian for children in temporary custody as specified in rule 5101:2-42-92 of the Administrative Code.

(7) The reason why parental rights shall not be terminated pursuant to the requirements contained in rule 5101:2-42-95 of the Administrative Code.

(8) Programs and services to assist the child to prepare for transition to independent living and emancipation, for a child sixteen years of age or older if appropriate.

(D) If the case plan goal is adoption or another planned permanent living arrangement, the case plan shall include the steps the PCPA is taking to do one of the following:

(1) Place the child with an adult relative expressing an interest in adopting the child and meeting all relevant state child protection standards, a guardian, or an adoptive family.

(2) Find an adoptive family, through child specific recruitment efforts, for the child.

(3) Identify a planned permanent living arrangement for the child.

(4) Finalize the adoption or guardianship.

(E) When a child is placed in substitute care, the case plan shall indicate that the substitute care setting is:

(1) Safe and consistent with the best interest and special needs of the child.

(2) The least-restrictive, most family-like setting available.

(3) In close proximity to the home from which the child was removed or the home in which the child will be permanently placed.

(4) In close proximity to the school in which the child was enrolled prior to the placement.

(5) Designed to enhance reunification, if appropriate, in accordance with rule 5101:2-42-05 of the Administrative Code.

(F) The PCPA shall document in the case record the reason why certain elements were not contained in the case plan document due to the permanent custody status of a child.

Replaces: 5101:2-39-11

Effective: 05/30/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 5103.03
Rule Amplifies: 2151.412 , 5103.03
Prior Effective Dates: 1/1/89, 3/18/99 (Emer.), 6/17/99, 10/4/04, 10/1/09

5101:2-38-07 PCPA case plan for children in custody or under court-ordered protective supervision.

(A) The private child placing agency (PCPA) shall develop and complete a case plan if services are provided to the child in the child's own home or in a substitute care setting and one of the following occurs:

(1) The PCPA files a complaint pursuant to section 2151.27 of the Revised Code alleging the child is an abused, neglected, or dependent child.

(2) The PCPA has court ordered temporary custody or permanent custody of the child.

(3) The court orders the PCPA to provide protective supervision for a child living in his or her own home.

(4) The court orders the PCPA to place the child in a planned permanent living arrangement.

(5) The PCPA has not placed the child for adoption within six months after the JFS 01666 "Permanent Surrender of Child" (rev. 6/2006) is executed without juvenile court approval for a child in the custody of the PCPA who was under the age of six months at the time the permanent surrender was executed.

(B) The PCPA shall develop one case plan per case unless directed otherwise by an order of the court.

(C) If initiating the case planning process, the PCPA shall:

(1) Provide verbal or written notification to the following parties of their responsibility to work with the agency in jointly developing, implementing, and reviewing the case plan no less than seven days prior to case plan completion:

(a) Child's parent, guardian or custodian.

(b) Pre-finalized adoptive parent, if applicable.

(c) Guardian ad litem and/or court appointed special advocate, if one has been appointed.

(d) Child, if age and developmentally appropriate.

(e) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code if applicable.

(2) Work with all parties on the development, implementation, and review of the case plan; attempt to obtain agreement on the contents of the case plan by the parties mentioned in paragraph (C)(1) of this rule and provide each party with a copy of the case plan.

(3) Inform all parties, if agreement cannot be obtained on the contents of the case plan, the parties may present evidence at the dispositional hearing and the court will determine the contents of the case plan based upon the evidence presented.

(4) Provide the substitute caregiver, foster caregiver, including a relative, kin caregiver or pre-finalized adoptive parent fulfilling this role, verbal or written notification of the opportunity to participate in the development, implementation, and review of the case plan no less than seven days prior to case plan completion. The date and method of notification shall be documented in the case record.

(D) Notification and participation of the child or parent is not required for the development of the case plan or any amendments to the case plan if the child has been adjudicated as a deserted child.

(E) If a case plan is developed pursuant to paragraph (A) of this rule, the PCPA shall file the case plan with the court no later than thirty days from whichever of the following occurs first:

(1) The date the PCPA complaint was filed or the child was placed in shelter care.

(2) The date of court ordered protective supervision.

(3) Prior to the adjudicatory hearing on the complaint.

(F) The case plan shall be considered complete once the court journalizes the case plan.

(G) If sufficient information is not available to complete any element contained on the case plan, the PCPA shall do all of the following:

(1) Specify in the case plan, developed pursuant to paragraph (A) of this rule, the additional information needed in order to complete all parts of the case plan and the steps needed to obtain the missing information and file with the court.

(2) Obtain the missing information and complete the missing elements of the case plan and submit to the courts no later than thirty days after the adjudicatory hearing or the date of the dispositional hearing.

(H) If a case plan is required pursuant to paragraph (A)(5) of this rule and the PCPA has not placed the child, who is under six months of age, for adoption within six months at the time the JFS 01666 is executed without juvenile court approval; the PCPA shall file a request for a review hearing and file the case plan.

(I) The case plan shall serve as the permanency plan for the child.

(J) PCPA shall act in accordance with rule 5101:2-53-02 of the Administrative Code for children identified as Indian. Services provided shall be specifically designed for the Indian family if available, including resources of the extended family, the tribe, Indian organizations, tribal family service programs and individual Indian caregivers.

(K) The PCPA shall include a written visitation plan for siblings removed from their home and not jointly placed pursuant to rule 5101:2-42-92 and 5101:2-39-01 of the Administrative Code. The visitation plan shall provide for regular, ongoing visitation and interaction between the siblings no less than monthly unless the PCPA has documented that it would be contrary to the safety or well-being of the children.

(L) The sibling visitation plan developed pursuant to paragraph (K) of this rule shall include a description of the following:

(1) Efforts made by the agency to place the siblings together and why those efforts were unsuccessful.

(2) Identification of any sibling who is not included in the visitation plan, and an explanation of why visitation or interaction with the child would be contrary to the safety or well-being of the other sibling(s).

(M) The PCPA shall include a written visitation plan for the parent, guardian, or custodian. The visitation plan shall provide for regular, ongoing visitation and interaction between the child placed in substitute care and the parent, guardian, or custodian pursuant to rule 5101:2-42-92 of the Administrative Code.

(N) Once the court journalizes the case plan, the parties including PCPA staff, are bound by the provisions outlined in the journalized case plan. Failure to comply with the case plan by any party to the case plan may result in a finding of contempt of court. The journalized case plan provides such notice to all parties.

(O) The PCPA shall contact the child's parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the guardian ad litem and/or court appointed special advocate and seek prior agreement for any amendment to the case plan if any of the following occurs:

(1) The conditions of either the child or the child's parent, guardian or custodian, or if applicable, pre-finalized adoptive parent change; and the change affects the child's legal status or the provision of supportive services.

(2) There is a change in the goal for the child and/or changes family members need to address to alleviate concerns.

(3) The child needs to be placed in a substitute care setting; returned to the child's parent, guardian, or custodian, or pre-finalized adoptive parent; or moved to another substitute care setting.

(4) The child attains the age of sixteen and independent living and life skill services are offered.

(5) A change in the visitation plan for a child.

(6) A party must be added or deleted from the case plan.

(P) The PCPA shall attempt to obtain the signatures of the parent, guardian, custodian or if applicable, pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed, if an amendment is made to the case plan.

(Q) The PCPA shall record, on the case plan, the reasons for any agreed upon amendment made and submit the amendment to the court within seven days of the agreement.

(R) If agreement of the parties is not obtained, the PCPA shall request a change in the case plan by filing the proposed change with the court.

(1) The PCPA shall provide written notice of the proposed change to all affected parties including the guardian ad litem and/or court appointed special advocate.

(a) Notification shall be provided no later than the close of business of the day after the proposed change is filed with the court.

(b) All parties to the case plan, and the guardian ad litem, and/or court appointed special advocate may object to the change and request a court hearing on the proposed change within seven days of the filing with the court.

(2) The PCPA may implement the amendment fifteen days after it is filed with the court if:

(a) The court does not approve or disapprove the change.

(b) The court does not schedule a hearing.

(c) The court journalizes the case plan amendment.

(S) In an emergency situation or if a child is in immediate danger of serious harm, the PCPA shall:

(1) Implement the change and amend the case plan.

(2) Notify all parties, the child's guardian ad litem, and the court of the change no later than the next day after the change is implemented.

(3) File a statement of the change with the court within three days after the change is implemented.

(4) Give notice of the filing along with a copy of the statement within three days of the change to the child's parent, guardian, custodian, or pre-finalized adoptive parent, and guardian ad litem and/or court appointed special advocate, if one has been appointed.

(T) In an emergency situation, all parties to the case plan, the guardian ad litem and/or court appointed special advocate have ten days to object to the change in the case plan and to request a court hearing regarding the change. If the objection and request for a hearing is filed with the court, the PCPA shall continue to implement the change unless the court disapproves. If the court does not approve the change, the PCPA shall revert back to implementing the provisions of the journalized case plan.

(U) For court-ordered protective supervision cases, the PCPA shall:

(1) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and child participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(2) Complete at least one contact every other month in the child's home.

(V) For cases with children in custody, the PCPA shall:

(1) Complete face-to-face contact with the child pursuant to rule 5101:2-42-65 of the Administrative Code.

(2) Complete face-to-face contact with each parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent participating in and being provided services listed in the case plan no less than monthly to monitor progress on the case plan objectives.

(3) Complete at least one contact every other month in the parent, guardian, or custodian's, or if applicable, pre-finalized adoptive parents' home.

(W) If the initial attempt to complete face-to-face contact pursuant to paragraph (U) or (V) of this rule is unsuccessful, the PCPA shall make a minimum of two additional attempts to complete the face-to-face contacts within the calendar month.

(X) The PCPA shall conduct semiannual administrative reviews of the progress in achieving the case plan goal objectives and services pursuant to rule 5101:2-38-10 of the Administrative Code. The PCPA shall document the SAR on the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (rev. 1/2014) in lieu of the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (rev. 1/2014).

(Y) The PCPA may develop a supplemental plan for locating a permanent family placement for a child concurrently with reasonable efforts to preserve and reunify families. A case plan may include, as a supplement, a plan for locating a permanent family placement. The supplement shall not be considered part of the case plan and does not require agreement or approval by the parties. Any supplemental plan shall be discussed and reviewed with the parent, guardian, or custodian.

(Z) For children in permanent custody, the PCPA shall document efforts to locate an adoptive placement or other planned permanent living arrangement in the case plan.

(AA) The PCPA shall maintain a copy of the original case plan, all journalized amendments to the case plan, all supplemental plans, and all documentation of the face-to-face contacts, including all attempts to monitor progress on the case plan objectives in the child's case record and recorded in SACWIS.

(BB) The PCPA shall attach the JFS 01443 "Child's Education and Health Information" (rev. 8/2010) or the PCPA form being used in lieu of the JFS 01443, containing all documentation required on the JFS 01443 pursuant to rule 5101:2-38-08 of the Administrative Code, to the case plan for each child residing in a substitute care setting.

(CC) The PCPA shall close the case if:

(1) There are no active safety threats and the overall level of risk is reduced.

(2) The court orders the case closed.

(DD) The PCPA shall notify all parties of the case closure.

Replaces: 5101:2-39-10

Effective: 05/30/2014
R.C. 119.032 review dates: 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412
Rule Amplifies: 2151.3522 , 2151.412
Prior Effective Dates: 1/14/83, 3/20/83, 11/1/85 (Emer.), 1/29/86 (Emer.), 1/31/86, 4/1/86, 1/1/87 (Emer.), 3/20/87, 1/1/89, 1/1/90, 10/1/97, 3/18/99 (Emer.), 6/17/99, 2/1/03, 4/17/06, 10/1/09, 12/31/10

5101:2-38-08 Child's education and health information.

(A) The public children services agency (PCSA) shall complete and distribute the JFS 01443 "Child's Education and Health Information" (rev. 8/2010) form when a child is placed in a substitute care setting.

(B) The PCSA shall revise or update the JFS 01443 when any of the following occur:

(1) A semiannual administrative review is conducted pursuant to rule 5101:2-38-10 of the Administrative Code.

(2) There is a placement change.

(3) There is change in or new information regarding the child's health .

(4) There is change in or new information regarding the child's education or school.

(C) The JFS 01443 shall contain the most recent information available regarding a child's medical history including, but not limited to, the following:

(1) Name(s) and address(es) of the child's health care provider(s).

(2) Child's known medical problems.

(3) Child's medications.

(4) A record of the child's immunizations.

(5) Any other pertinent health information concerning the child such as:

(a) Child's medication allergies and any other known allergies.

(b) Childhood illnesses.

(c) Child's last physical, optical, and dental exams.

(D) The JFS 01443 shall contain the most recent information available regarding a child's educational placement and services including, but not limited to, the following:

(1) Name and address of the child's educational provider at the time of placement.

(2) Name(s) and address(es) of the child's current educational provider(s), if the child did not remain in the school the child was attending at the time of placement.

(3) Documentation of efforts made to maintain the child in the same school the child was attending at the time of placement, or reasons why remaining in the same school was not in the child's best interest.

(4) Documentation that the current educational setting is appropriate for the child's needs or that the agency is working to arrange immediate enrollment in an appropriate educational setting.

(5) Child's grade level performance.

(6) Child's school records, including, but not limited to the following:

(a) Child's grade level.

(b) Disciplinary and behavior issues.

(c) Attendance.

(7) Any other pertinent educational information concerning the child's educational placement and services, including, but not limited to the following:

(a) Special education requirements.

(b) Any developmental delays or learning disabilities.

(E) If there are circumstances in which the most recent health and education records are unavailable, the PCSA shall provide written documentation on the JFS 01443 describing the reasons why this information is unavailable, and the steps being taken by the PCSA to obtain such information. Upon receiving the updated information, the PCSA shall complete the JFS 01443 within three business days.

(F) The PCSA shall provide the parent, guardian, or custodian, or if applicable, pre-finalized adoptive parent, and the substitute caregiver with a copy of the completed JFS 01443 at the time the case plan document is completed pursuant to rule 5101:2-38-05 of the Administrative Code and any time the JFS 01443 is updated pursuant to paragraphs (B) and (E) of this rule. A copy of the updated form shall be provided to the parent, guardian, or custodian, or if applicable pre-finalized adoptive parent, and substitute caregiver no later than seven days after the PCSA received the information and completed the JFS 01443.

(G) The PCSA shall provide foster children aging out of the system with a copy of the most recent JFS 01443 free of charge and document the activity in the case record.

(H) If the PCSA determines sharing identifying information contained on the JFS 01443 may result in adverse or negative consequences to the child, the PCSA may redact any information identifying the current school of attendance or the medical provider from the copy of the JFS 01443 form provided to the parent, guardian, or custodian. A statement providing full explanation of the reasons for not sharing this information shall be contained in the PCSA case record and recorded in SACWIS.

(I) The PCSA shall maintain a copy of the JFS 01443 in the case record.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.412 , 2151.421 , 5103.03 , 5153.16
Rule Amplifies: 2151.412 , 2151.421 , 5103.03 , 5153.16
Prior Effective Dates: 7/1/92, 5/1/93, 10/1/97, 4/1/01, 3/1/06, 4/17/06, 12/1/07, 10/1/09, 12/31/10, 12/1/12

5101:2-38-09 PCSA requirements for completing the case review.

(A) Each public children services agency (PCSA) required to prepare a case plan for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code, shall complete the JFS 01413 "Comprehensive Assessment and Planning Model -I.S., Case Review" (rev. 8/2010) for the case plan no later than every ninety days from whichever of the following activities occurs first:

(1) Original PCSA court complaint date.

(2) Date the PCSA received custody of the child.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the case plan, for in-home supportive services only.

(B) The purpose of the case review is to ensure continued efforts are made to:

(1) Assess child safety.

(2) Evaluate whether risk to the child is lowered or increased.

(3) Evaluate the effectiveness of supportive services offered and provided to the child, his or her parent, guardian, custodian, or pre-finalized adoptive parent, or substitute caregiver.

(4) Identify barriers to the provision of services.

(5) Prevent placement, if possible, of the child in substitute care, assist in reunifying the child with the child's parent, guardian, or custodian, or establish a permanent placement for the child.

(C) The PCSA shall continue to complete the JFS 01413 no later than every ninety days from the date established pursuant to paragraph (A) of this rule. The PCSA may review cases utilizing the JFS 01413 more frequently based upon PCSA policy or if the PCSA determines case circumstances require it.

(D) The PCSA shall complete the JFS 01413 in conjunction with the semiannual administrative review according to the time frames outlined in rule 5101:2-38-10 of the Administrative Code.

(E) The PCSA shall complete the JFS 01413 at the time of case closure unless:

(1) The case is closed within thirty days after completion of the prior JFS 01413 and the intent to close the case is documented on the JFS 01413.

(2) The case is closed prior to completion of the case plan and the timeframe for completion has not lapsed pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code.

(F) When the PCSA has determined through the ongoing assessment of safety that a child is in immediate danger of serious harm and a safety plan must be implemented, the PCSA shall complete an assessment of safety and record the assessment on either the JFS 01401 "Comprehensive Assessment Planning Model - I.S., Safety Assessment" (rev. 2/2006) or the safety re-assessment contained within the JFS 01413. The JFS 01401 or the safety re-assessment shall be entered in SACWIS within three business days. The assessment of safety shall be approved by the supervisor and documented in the case record.

(G) If a JFS 01413 safety response is for the PCSA to modify or discontinue and the child is out of the home thirty days or more, the PCSA shall complete the JFS 01404 "Comprehensive Assessment Planning Model - I.S., Reunification Assessment" (rev. 2/2006) pursuant to rule 5101:2-37-04 of the Administrative Code.

(H) The PCSA shall maintain a copy of the JFS 01413 in the case record.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.416 , 5153.16
Rule Amplifies: 2151.416 , 5153.16
Prior Effective Dates: 03/1/06, 10/1/09

5101:2-38-10 Requirements for completing the semiannual administrative review.

(A) Each public children services agency (PCSA) required to prepare a case plan for a child pursuant to rule 5101:2-38-01 or 5101:2-38-05 of the Administrative Code shall complete the JFS 01412 "Comprehensive Assessment and Planning Model -I.S., Semiannual Administrative Review" (rev. 1/2014) for the case plan. Each private child placing agency (PCPA) shall complete the JFS 01416 "Semiannual Administrative Review for Private Child Placing Agencies" (rev. 1/2014) in lieu of the JFS 01412 pusuant to rule 5101:2-38-07 of the Administrative Code.

(B) The PCSA or PCPA shall complete the seminannual administrative review (SAR) no later than every one hundred eighty days from whichever of the following activities occurs first:

(1) Date the PCSA or PCPA complaint was filed.

(2) Date of placement.

(3) Date of court ordered protective supervision.

(4) Date of parent, guardian, or custodian's signature on the case plan for in-home supportive services only.

(C) The PCSA or PCPA shall complete the SAR no later than every one hundred eighty days from the date established pursuant to paragraph (B) of this rule.

(D) The PCSA or PCPA shall complete the SAR no more than thirty days prior to the due date.

(E) The PCSA shall complete the JFS 01413 "Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 8/2010) in conjunction with the JFS 01412.

(F) A court hearing may take the place of a SAR if all of the following requirements are met:

(1) The hearing is held in time to comply with paragraph (B) of this rule.

(2) Notification is made to all required participants pursuant to paragraphs (H) and (I) of this rule.

(3) During the hearing, the court addresses each of the issues stated in paragraph (M) or (O) of this rule.

(4) The court hearing documents each issue either on the JFS 01412 or by journal entry.

(G) For in-home supportive services cases, a review panel of at least two people shall conduct the SAR. The review panel shall include but not be limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the child's case plan.

(2) A supervisor or designee.

(H) For protective supervision and substitute care cases, a review panel of at least three people shall conduct the SAR. The review panel shall include but not be limited to:

(1) A caseworker with day-to-day responsibility for, or familiarity with, the management of the child's case plan.

(2) A person, not responsible for the management of the child's case plan, or for the delivery of services to the child, the child's parent, guardian, or custodian, or pre-finalized adoptive parent, or substitute caregiver.

(3) A supervisor or designee.

(I) The SAR shall consist of a meeting with the review panel, as defined in paragraph (G) or (H) of this rule, and the following individuals shall be invited to participate:

(1) The child's parent, guardian, or custodian, unless the child is in permanent custody.

(2) The pre-adoptive parent of the child in an adoptive placement.

(3) The child, if age and developmentally appropriate.

(4) The guardian ad litem and/or court appointed special advocate, if one has been appointed.

(5) The child's substitute caregiver, including the relative providing care for the child, if applicable.

(6) The child's attorney, if applicable.

(7) The Indian custodian, if any, and child's Indian tribe and extended relatives as defined in rule 5101:2-53-01 of the Administrative Code if applicable.

(J) The PCSA or PCPA shall provide written invitation including the date, time, and place for the SAR, to the child's parent, guardian, or custodian and child, if age and developmentally appropriate, no less than seven days prior to the SAR.

(K) If a parent, guardian, or custodian, guardian ad litem, or substitute caregiver of the child cannot be located after reasonable efforts to do so; declines to participate in the SAR after being contacted; or fails to appear for the scheduled review, the PCSA or PCPA does not have to include him or her in the review.

(L) For a child adjudicated as a deserted child, notification and participation of the child and parent in the SAR is not required.

(M) The PCSA or PCPA shall prepare a written summary for each SAR required for a child receiving in-home supportive services using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the agency to provide supportive services to the child/family.

(2) A conclusion regarding the appropriateness of the supportive services provided to the child and the child's parent, guardian, or custodian.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) An estimated date in-home supportive services may be terminated.

(5) Description of how the child's current living arrangement provides for the child's specific safety needs and meets the child's basic and special needs.

(6) The agency's recommendation regarding the child's custody arrangement for the next six month period.

(7) A summary of why in-home supportive services shall be continued or terminated.

(8) The names of all parties participating in the SAR.

(N) For in-home supportive services cases, the PCSA or PCPA shall provide a copy of the SAR summary to all parties participating in the SAR no later than seven days after completion of the SAR. A copy of the JFS 01412 or JFS 01416 shall be maintained in the case record.

(O) The PCSA or PCPA shall prepare a written summary for each SAR required for a child under protective supervision using the JFS 01412. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk and/or circumstances requiring the agency to assume protective supervision of the child.

(2) A conclusion regarding the appropriateness of the supportive services provided to the child and the child's parent, guardian, or custodian.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) A summary of why protective supervision must be continued or terminated.

(5) An estimated date protective supervision may be terminated.

(6) Description of how the child's current living arrangement provides for the child's specific safety needs and meets the child's basic and special needs.

(7) The agency's recommendation regarding the child's custody arrangement for the next six-month period.

(8) The names of all parties participating in the SAR.

(P) For each child in the custody of the PCSA or PCPA who has attained the age of sixteen, the PCSA or PCPA shall request a credit report from each of the three major credit reporting agencies (CRA) each year until the child is discharged from substitute care. This may be completed simultaneously or separately throughout the year. A request shall be submitted to at least one CRA by the first SAR held after the child attains the age of sixteen.

(Q) The PCSA or PCPA shall prepare a written summary for each SAR required for a child in substitute care using the JFS 01412 or JFS 01416. The summary shall contain all of the following information:

(1) The extent of progress made toward alleviating the safety threats, risk, and/or circumstances requiring the agency to assume temporary custody of the child.

(2) A conclusion regarding the appropriateness of supportive services provided to the child and/or his or her parent, guardian, or custodian, or pre-finalized adoptive parent or substitute caregiver.

(3) An assessment of the appropriateness of the case plan for the child and the extent of compliance by all case plan participants.

(4) Evaluation of whether services provided to the child and the child's parent, guardian, or custodian will help the child return to a safe environment, if applicable.

(5) Description of how the child's current living arrangement is appropriate and provides for the child's specific safety needs and meets the child's basic and special needs.

(6) A summary of the ongoing efforts to identify an appropriate potential relative or kin placement.

(7) An estimated date the child may be returned and safely maintained at home, placed with a relative or other suitable non-relative, placed in a planned permanent living arrangement, placed for adoption or finalized in an adoptive home, or prepared for independent living.

(8) A determination of whether a child with a dispositional status of planned permanent living arrangement should continue in that status or whether the agency shall file a motion with the court requesting permanent custody of the child.

(9) The extent of progress made towards meeting the needs of the child in a planned permanent living arrangement or in the permanent custody of the agency.

(10) A determination of whether a supplemental plan needs to be developed to address locating a permanent family placement for the child which may be made concurrently with reasonable efforts to safely return the child to the child's own home.

(11) If a supplemental plan is developed, indicate the agency's progress toward implementation and whether any amendments need to be made.

(12) A plan to review the life skill services to assist a child attaining the age of sixteen to prepare for the transition from substitute care to independent living pursuant to rule 5101:2-42-19 of the Administrative Code.

(13) The agency's recommendation regarding the child's custody arrangement for the next six-month period.

(14) The names of all parties participating in the SAR.

(15) The agency's recommendation regarding termination of parental rights for the child who is in the temporary custody of a PCSA for twelve or more of the previous twenty-two consecutive months.

(16) An update of the JFS 01443, "Child's Education and Health Information" (rev. 8/2010) attached to the case plan pursuant to rule 5101:2-38-05 or 5101:2-42-66.2 of the Administrative Code.

(17) The PCSA or PCPA shall document the date(s) the agency requested a copy of the consumer credit report from each of the three major CRAs pursuant to paragraph (P) of this rule.

(18) The PCSA or PCPA shall document the date(s) that each child in the custody of an agency, who has attained the age of sixteen, received the copy(ies) of their consumer credit report(s) and was assisted with the following:

(a) Interpreting the credit report.

(b) Resolving inconsistencies.

(R) For court involved cases, the PCSA or PCPA shall file with the court a copy of the SAR summary no later than seven days after completion of the SAR and shall include a copy of the amended case plan, if an amendment was completed.

(S) For court involved cases, the PCSA or PCPA shall provide a copy of the SAR summary to all parties of the case plan in accordance with rule 5101:2-38-05 of the Administrative Code before the end of the next day after filing the summary with the court. A copy of the SAR summary shall be maintained in the case record .

(T) At the time the PCSA or PCPA provides a copy of the SAR summary pursuant to paragraph (Q) of this rule, the agency shall also indicate, in writing, the parties shall have seven days from notice of filing the required SAR summary with the court to object to proposed changes made in the case plan as a result of the SAR and request a hearing on the proposed change. The substitute caregiver or relative providing care for the child are not considered parties to the SAR unless otherwise determined by the court.

(U)

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.416 , 2151.412
Rule Amplifies: 2151.416 , 2151.412
Prior Effective Dates: 1/14/83, 11/01/85, 1/31/86, 1/01/89, 1/01/90, 1/01/91, 7/01/92, 6/1/97, 3/18/99 (Emer.), 6/17/99, 4/1/01, 12/1/01, 3/1/06, 10/1/09, 12/31/10, 12/1/12

5101:2-38-20 PCSA requirements for providing on-going services 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 participate in alternative response.

(B) The PCSA shall complete and implement the following planning and review tools with the child's parent, guardian, or custodian agreement for screened in child abuse and neglect reports assigned to the alternative response pathway to receive ongoing services:

(1) The JFS 01418 "Alternative Response Family Service Plan" (rev. 7/2011) or the JFS 01410 "Comprehensive Assessment Planning Model - I.S., Case Plan" (rev. 2/2006).

(2) The JFS 01417 "Alternative Response Family Service Plan Review" (rev. 7/2011) or the JFS 01413 "Comprehensive Assessment and Planning Model - I.S., Case Review" (rev. 8/2010).

(3) The JFS 01423 "Alternative Response Ongoing Case Assessment" (rev. 7/2008).

(C) The PCSA shall complete and implement the JFS 01418 or JFS 01410 no later than thirty days from the completion of the JFS 01419 "Alternative Response Family Assessment" (rev. 7/2008) or continue to implement the JFS 01418 developed after the assessment of safety.

(D) The PCSA shall obtain agreement on the contents of the JFS 01418 or JFS 01410; obtain signatures from the child's parent, guardian, or custodian; and provide each with a copy of the JFS 01418 or JFS 01410 within seven days of the agreement. If the JFS 01418 is developed outside of SACWIS, a copy of the hand-written document will be provided to the family.

(E) The PCSA shall update the JFS 01418 or complete the amendment to the JFS 01410 if there is any change in the following:

(1) Services.

(2) Participants.

(3) Service goal.

(4) .Service activities.

(5) The safety or risk to the child resulting in legal intervention.

(F) The PCSA shall do all of the following if updating the JFS 01418 or amending the JFS 01410:

(1) Contact the child's parent, guardian, or custodian and seek agreement for the update of the JFS 01418 or amendment of the JFS 01410.

(2) Obtain signatures from the child's parent, guardian or custodian.

(3) Implement the change once the parent, guardian, or custodian agrees to the change.

(4) Provide each parent, guardian, or custodian with a copy of the updated JFS 01418 or amended JFS 01410 within seven days of the agreement not including the date of signature.

(G) If the PCSA and the child's parent, guardian no longer agree on the service or case plan, the PCSA shall do one of the following:

(1) Discontinue supportive services and close the case.

(2) File a complaint with the court pursuant to section 2151.27 of the Revised Code if the child is an abused, neglected, or dependent child or may become abused, neglected or dependent; and intervention of the court is needed for the child's protection.

(H) The PCSA shall make face-to-face contact with each parent, guardian or custodian, and child participating in and being provided services through the JFS 01418 or JFS 01410, at least two times each calendar month to monitor progress on the service plan activities. At least one contact every two months shall be made in the child's home.

(1) If one attempt to complete a face-to-face contact pursuant to paragraph (H) of this rule is unsuccessful, the PCSA shall make a minimum of one additional attempt to complete the face-to-face contact within the calendar month.

(2) If both attempts to complete face-to-face contacts pursuant to paragraph (H) of this rule are unsuccessful, the PCSA shall make a minimum of two additional attempts to complete the face-to-face contact within the calendar month.

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

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

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

(3) The PCSA receives an order from the juvenile court.

(4) The PCSA screens in a report or obtains additional information during an assessment requiring assignment in a traditional response pathway pursuant to rule 5101:2-36-01 of the Administrative Code.

(J) The PCSA shall record a pathway switch in SACWIS no later than the next business day from the date of the event triggering the conversion of a case from the alternative response pathway to the traditional response pathway.

(K) The PCSA shall review the progress on the service plan activities no later than every ninety days after the completion date of the JFS 01419 by completing either the JFS 01417 or the JFS 01413 pursuant to rule 5101:2-38-09 of the Administrative Code.

(L) The PCSA shall provide written invitation including the date, time, and place for the family service plan reviews, to the child's parent, guardian, or custodian and child, if age and developmentally appropriate, of the opportunity to participate in the meeting no less than seven days prior to the meeting.

(M) The PCSA shall complete the JFS 01417 or the JFS 01412 "Comprehensive Assessment and Planning Model - I.S., Semiannual Administrative Review (SAR)" (rev. 1/2014) no later than every one hundred eighty days from completion of the JFS 01419 pursuant to rule 5101:2-38-10 of the Administrative Code..

(N) The SAR shall, at a minimum, include the following individuals:

(1) A caseworker who has a connection with the family and knowledge of the family service plan.

(2) A supervisor or designee.

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

(P) The PCSA shall do all of the following to close a case:

(1) Complete the JFS 01417 or JFS 01413 to assess there are no active safety threats and the overall level of risk is reduced.

(2) Notify participants in the JFS 01418 or parties to the JFS 01410 of the intent to close the case.

(Q) The PCSA shall maintain a copy of the original JFS 01418, JFS 01410, JFS 01413, JFS 01417, JFS 01412, JFS 01423 , all updates and amendments and, documentation of the face-to-face contacts, including all attempts to monitor progress of the case or service plan objectives in the case record and recorded in SACWIS.

Effective: 05/30/2014
R.C. 119.032 review dates: 03/12/2014 and 05/01/2019
Promulgated Under: 119.03
Statutory Authority: 2151.429 , 5153.16 , 5153.166
Rule Amplifies: 2151.429 , 5153.16 , 5153.166
Prior Effective Dates: 07/01/2011